Combined Synopsis-Solicitation_HR_20230801.pdf

UNITED STATES TRANSPORTATION COMMAND

508 SCOTT DRIVE

SCOTT AIR FORCE BASE, ILLINOIS 62225-5357

1 August 2023

TO: ALL OFFERORS

FROM: USTRANSCOM, Directorate of Acquisition, Contract Airlift Division (TCAQ-C)

SUBJECT: Request for Proposal (RFP) HTC71123RCC02, Dignified Transfer of Hero Remains

(HR)

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR 12.603, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

2. Attached is Request for Proposal (RFP) number HTC71123RCC02. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2023-04. It is the Government’s intent to award a single-award firm-fixed price (FFP) contract with fuel reimbursement and other reimbursables as Time & Materials (T&M) contract line-item numbers (CLINs) with a Not to Exceed (NTE)/ceiling price established by the Government on an as-needed basis.

3. This requirement is being solicited as a 100% Small Business Set-Aside (SBSA) under North American Industry Classification System (NAICS) code 481212, Nonscheduled Chartered Freight Air Transportation, with a size standard of 1,500 employees.

4. Provisions at FAR 52.212-1, Instructions to Offerors-Commercial, and FAR 52.212-2 apply to this acquisition. Offerors are to complete their representations and certifications under provision at FAR 52.212-3 with its offer, along with completing provisions included within the RFP as applicable. Any representations and certifications not available for validation on sam.gov must be submitted with the proposal.

5. Clauses at FAR 52.212-4 and 52.212-5 apply to this acquisition.

6. This RFP is not an authorization to begin performance and does not obligate the Government for any costs incurred by the contractor for this requirement. The Government reserves the right not to award a contract in response to this RFP. Prior to commencement of any activities associated with performance of this requirement, the Government will issue a written directive or contractual document signed by the Contracting Officer with appropriate consideration established. The Government reserves the right to cancel this solicitation, without obligation to the contractor. All responsible sources may submit a proposal which shall be considered by the agency.

7. Proposals are to be received electronically by email, no later than 4:30 PM CDT on Thursday, 31 August 2023. Your e-mail submission must be checked and determined to be virus-free prior to submission. The proposal shall be submitted by email to TSgt. Nolan Strange, nolan.r.strange.mil@mail.mil, Mr. Matthew Bowen, matthew.r.bowen4.civ@mail.mil, and Ms.

Barbara Wolf, barbara.l.wolf11.civ@mail.mil.

MATTHEW R. BOWEN

Contract Specialist

Attachment:

RFP HTC71123RCC02 with attachments mailto:nolan.r.strange.mil@mail.mil mailto:matthew.r.bowen4.civ@mail.mil mailto:barbara.l.wolf11.civ@mail.mil

RFP HTC71123RCC02

1. GENERAL INFORMATION.

a. The contractor shall provide all personnel, equipment, tools, materials, maintenance, supervision, documentation and other items and services necessary to perform air charter transportation services to transport Human Remains and escorts. Missions will normally originate from the Air Force Mortuary Affairs Operations (AFMAO) at Dover Air Force Base (AFB), Delaware, but in some instances may originate from other locations.

b. Place of Performance: Flight coverage includes the Continental United States (CONUS), Alaska, Canada, Mexico, Puerto Rico, Jamaica, U.S. Virgin Islands, and other North American countries, agreed upon between the contractor and the Contracting Officer at both military and commercial airfields.

c. Period of Performance (PoP):

Anticipated Contract Period:

Base year: 1 October 2023 to 30 September 2024 Option year 1: 1 October 2024 to 30 September 2025 Option year 2: 1 October 2025 to 30 September 2026 Option year 3: 1 October 2026 to 30 September 2027 Option year 4: 1 October 2027 to 30 September 2028

d. The Government intends to award a single Firm Fixed Price Contract to an offeror who is current CARB-approved, FAR Part 135 carrier. This solicitation will be a 100% Small Business Set-Aside. Contractors will be required to perform all services identified in the RFP.

e. The air operator must be Department of Defense (DoD) Commercial Airlift Review Board (CARB) approved. If an offeror’s proposal does not meet this requirement, as determined by AMC/A3B, the offeror will be excluded from consideration. The Performance Work Statement (PWS) (Attachment 1) details the specific efforts to be accomplished.

f. This RFP is being issued subject to the availability of funds. In accordance with FAR 52.232-18, Availability of Funds, the Government’s obligation under this contract is contingent upon the availability of funds from which payment for this contract’s purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

2. PROPOSAL SUBMISSION REQUIREMENTS.

a. The proposal due date is 31 August 2023, 1630 Central Time. The offeror’s proposal, in its entirety, shall be valid for 180 days after the proposal due date.

b. Formal Communications:

(1) USTRANSCOM Contracting Office POCs listed below are the exclusive POCs for this acquisition. Formal communications and requests for clarification and/or information concerning this RFP shall be submitted via e-mail to the Points of Contact (POC) below:

Barbara Wolf, Contracting Officer: barbara.1.wolf11.civ@mail.mil Matthew Bowen, Contract Specialist: matthew.r.bowen4.civ@mail.mil TSgt. Nolan Strange, Contract Specialist: nolan.r.strange.mil@mail.mil

(2) No information concerning this RFP or requests for clarification will be provided in response to offeror-initiated telephone calls. All such requests must be made in writing and submitted to the e-mail addresses listed above. Written inquiries will be answered in writing with questions and answers provided to all offerors via email. The deadline for receipt of any questions regarding this RFP is 7 calendar days prior to the due date for offers as specified in the RFP or its amendments. Any questions received after that time may not be answered.

c. Proposal Preparation Instructions. This section provides general guidance for preparing proposals, as well as specific instructions on the format and content of proposals. An offeror’s proposal must include all data and information requested by this RFP and must be submitted in accordance with these instructions. Non-conformance with the specific organization, content, and page limitations specified may result in misinterpretation of proposals; or depending on the magnitude of the non-conformance, the proposals may be eliminated from further consideration.

(1) Proposals shall be sent to the personnel listed in paragraph 2. b. (1) above. Proposals shall be submitted in Adobe PDF and shall be prepared using Times New Roman, 12-point font, 8.5” X 11” document formatting, and 1-inch margins.

(2) The proposal shall be clear, concise, and include sufficient detail for effective evaluation. The proposal should not simply rephrase or restate the Government’s requirements, but rather shall provide convincing rationale to address how the offeror intends to meet the requirements of the RFP. The proposal shall contain sufficient information to enable the Government to fully evaluate and determine the offeror’s capability to comply with (i.e., meet or exceed) all requirements identified in this RFP. The Government does not assume a duty to search for clarification data to cure problems or inconsistencies with an offeror's proposal.

(3) Offerors are encouraged to ensure their proposals are fully compliant with the requirements of the RFP and their initial proposal submission reflects their best offer from a cost and technical standpoint.

d. Submission of Offers.

(1) Proposals shall consist of three volumes: Volume I – Price Proposal, Volume II – Technical Proposal and Volume III – Past Performance. Each volume shall include a cover page and table of contents.

mailto:matthew.r.bowen4.civ@mail.mil mailto:nolan.r.strange.mil@mail.mil

(2) Volume I- Price Proposal (Shall not exceed 5 pages). Offerors shall submit its proposed pricing on the HR Pricing Table, Attachment 2. Offerors may provide information to support or justify the pricing proposed. The electronic version of proposal shall include the Price Table in Microsoft Excel format to facilitate price analysis.

(3) Volume II- Technical Proposal (shall not exceed 15 pages):

(a) Technical Approach. Offeror’s proposal shall be specific, detailed, and complete enough to fully demonstrate that the offeror possesses sufficient understanding of the requirement and the ability to comply with the PWS. Offeror’s proposed technical approach must clearly describe the techniques, procedures, and programs the offeror will utilize to meet the PWS requirements. The proposal shall demonstrate that the Offeror possesses the necessary regulatory certifications.

(b) Offerors shall complete Attachment 3 (List of Aircraft) indicating which DoD Commercial Airlift Review Board (CARB) approved aircraft will be used and provide supporting documentation or explanation clearly demonstrating how the capabilities of the proposed aircraft can meet or exceed the minimum requirements of the PWS.

(c) The offeror shall demonstrate that all personnel, air crew, pilots, mechanics, and corresponding subcontractor personnel (if applicable) possess the necessary qualifications.

(4) Volume III – Past Performance (Shall not exceed 8 pages)

(a) The Government will evaluate past performance to assess the Offeror’s probability of meeting the RFP requirements. This evaluation considers the Offeror’s demonstrated recent and relevant record of performance in supplying the services that meet the contract requirements. The currency and relevance of the information, source of the information, context of the data, and general trends in the contractor’s performance shall be considered. These are combined to establish one performance confidence assessment rating for each offeror.

(b) Past Performance References. The offeror shall submit no more than three (3) past performance references from different contracts or efforts it has performed which are similar to the scope and complexity of services described in this RFP. This includes work for commercial customers, DoD and other Federal agencies, and subcontracts that are similar to the Government requirements. Additionally, offerors shall provide the following for each reference submitted.

Contract Name/Title, Contract Number and Task Order Number, as applicable Contracting Officer or Contract Manager’s Name, Email, and phone number Name and address of the contracting activity (buying and administrative) Contracting Officer’s Representative Name, Email, and phone number Contract Type (Firm-Fixed Price, Cost Reimbursement, IDIQ, etc.)

Annual Dollar Value and Total Contract Value (including option years) Performance Period – Base Year and number of Option Years Brief description of work performed and how it is relevant to this effort.

Type of aircraft used.

(c) For all proposed air carriers, Offerors shall submit a list of all safety accidents and incidents, which required Federal Aviation Administration notification, occurring within 3 years prior to the proposal submission due date. The Offeror shall provide an explanation of the nature, cause, and outcome (including any sanctions imposed) of the event; location; type aircraft;

fatalities; injuries; and damage to aircraft or other property.

(d) Past Performance Questionnaire. Offerors shall complete Section 1 of RFP Attachment 4, Past Performance Questionnaire, and then send to each Point of Contact (POC) the offeror provided as a reference. The Past Performance Questionnaire shall be completed by an individual who can validate the Offeror’s performance. Once completed, the PPQ shall be considered sensitive and shall not be released to the offeror. In the event adverse past performance information is received by the Government, the Contracting Officer will provide sufficient details to allow the offeror to address it. The POC shall email completed questionnaires directly to the points of contact listed in paragraph 2.b. Note: The Contracting Officer will not accept faxed questionnaires or questionnaires submitted by the offeror. Offerors should use every diligent effort to follow-up with each Office/Agency to ensure the Contracting Officer receives the past performance questionnaires no later than the offer due date/time.

3. EVALUATIONS.

a. Relative Order of Importance: Offeror's Technical Approach will be rated as acceptable or unacceptable. When combined, all non-price factors are considered approximately equal to price.

Past Performance is considered approximately equal to Technical. Within Technical, all subfactors are considered equal.

b. Award will be made to the offeror determined to provide the best value to the Government.

This may result in award to a higher rated, higher priced offeror, where the decision is consistent with the evaluation factors. However, the Government will not pay a price premium that it considers to be disproportionate to the benefits associated with the proposed margin of service superiority. This may result in the highest rated proposal not receiving an award.

c. Options. The Contract will consist of a base year, four one-year option periods, and a six-month extension period. The Government will consider the total evaluated price of each proposal when making a best value decision. The Government will evaluate the offeror's total price by adding the total price of the base requirement, the four one-year option periods and six-month extension. Evaluation of options will not obligate the Government to exercise the option.

4. EVALUATION FACTORS.

a. Factor 1 - Price - The Government will conduct a price analysis to determine whether the proposed prices are fair and reasonable. This determination may be accomplished by one or more of the techniques set forth in FAR 15.404-1(b)(2). The Contracting Officer will fully document the price evaluation.

(1) The total evaluated price (TEP) for each offeror will be established based on the total overall price for all CLINs.

(2) Adequate price competition is expected; therefore, data other than certified cost or pricing data is not being requested initially. However, should the Contracting Officer make a determination during the evaluation process that adequate price competition does not exist, data other than certified cost or pricing information may be requested for evaluation purposes along with comparing proposed prices to other commercial prices paid or historical data to assist in negotiations and/or the price reasonableness determination.

(3) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

b. Factor 2 - Technical Approach – The offeror’s proposed technical approach clearly describes the techniques, procedures, and programs it will utilize for achieving the objectives of the following subfactors:

(1) Subfactor 1—Mission Support, PWS paragraph 1.1.1.

(2) Subfactor 2—Contractor Availability, paragraph 1.1.2.

(3) Subfactor 3—Aircraft, PWS paragraph 1.2.1.

(4) Subfactor 4—Crew, PWS paragraph 1.2.2.

The proposal clearly demonstrates the offeror possesses the necessary regulatory certifications, and the aircraft proposed clearly meets or exceeds the minimum requirements as outlined in the PWS. Evaluation will only be conducted on the offeror’s primary aircraft; however, any additional aircraft offered must also meet all requirements of this RFP. Adjectival ratings will be used for rating the offeror's technical proposal. Each contractor's proposal will be evaluated and given an adjectival rating as follows:

RATING DESCRIPTION

Acceptable To be rated Acceptable, the approach must meet specified minimum performance or capability requirements delineated in the Request for Proposal. .

Unacceptable Fails to meet specified minimum performance or capability requirements; proposal has one or more deficiencies. Proposals with an unacceptable rating will not be considered further.

c. Factor 3: Past Performance.

(1) The Government shall evaluate each offeror’s performance information using questionnaires and other performance information to assign each offeror a Confidence Assessment Rating. Past performance information may be obtained from any sources available to the Government, to include, but not limited to, the Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), or other databases; interviews with Program Managers, Contracting Officers, Fee Determining Officials; Defense Contract Management Agency; and commercial sources.

(2) The Government will begin its evaluation by first determining the recency and the relevancy of each past performance effort being evaluated. To be considered a recent effort, the effort must be currently on-going or have been completed within 3 years of proposal submission.

The following definitions will be utilized to determine the relevancy of each past performance effort:

Very Relevant

Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this RFP requires.

Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this RFP requires.

Somewhat Relevant

Present/past performance effort involved some of the scope and magnitude of effort and complexities this RFP requires.

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this RFP requires.

(3) After the Government has determined the recency and relevancy of each past performance effort, the Government will evaluate the overall quality of the offeror’s past performance. The past performance evaluation does not establish, create, or change the existing record and history of the offeror's past performance on past contracts; rather, the past performance evaluation process gathers information from customers on how well (quality) the offeror performed those past contracts. Based upon the recency, relevancy, and quality of the offeror’s overall performance record, the Government will assign the offeror a single past performance confidence assessment rating as defined below. This rating reflects the Government’s confidence in the offeror’s ability to successfully perform the requirements of the RFP based on the overall performance record.

Substantial Confidence

Based on the offeror’s recent/relevant performance record, the Government has a high expectation that the offeror will successfully perform the required effort.

Satisfactory record, the Government has a reasonable expectation that the offeror will successfully perform the required effort.

Unknown Confidence (Neutral)

No recent/relevant performance record is available, or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.

Limited record, the Government has a low expectation that the offeror will successfully perform the required effort.

No Confidence record, the Government has no expectation that the offeror will be able to successfully perform the required effort.

(4) An Unknown Confidence rating will be treated neither favorably nor unfavorably in any trade-off decision. However, the Contracting Officer may determine a Substantial Confidence or Satisfactory Confidence rating to be worth more than a Neutral Confidence rating in any best value tradeoff determination.

(5) Offerors may be asked to respond to adverse past performance information to which the offeror has not previously had an opportunity to respond. Adverse past performance is defined as past performance information that supports a less than satisfactory rating on any evaluation element or any unfavorable comments received from sources without a formal rating system.

(6) In evaluating past performance, the Government will give greater consideration to past performance efforts deemed most relevant to the effort described in this RFP.

5. PROVISIONS.

a. The following provisions are incorporated into this RFP by reference:

52.204-7 – System for Award Management (Oct 2018) 52.204-16 – Commercial and Government Entity Code Reporting (Aug 2020) 52.209-7 – Information Regarding Responsibility Matter (Oct 2018) 52.212-1 – Instructions to Offerors—Commercial Products and Commercial Services (Mar 2023) 52.216-31 – T&M/LH Proposal Requirements – Commercial Acquisition (Nov 2021) 52.217-5 – Evaluation of Options (Jul 1990) 52.222-24 – Preaward On-Site Equal Opportunity Compliance Evaluation (Feb 1999) 52.222-46 - Evaluation Of Compensation For Professional Employees (Feb 1993) 52.229-11 – Tax on Certain Foreign Procurements – Notice and Representation (Jun 2020) 252.203-7005 – Representation Relating to Compensation of Former DOD Officials (Sep 2022)

252.204-7008 – Compliance with Safeguarding Covered Defense Information Controls (Oct 2016) 252.204-7016 – Covered Defense Telecommunications Equipment or Services-Representation (Dec 2019) 252.204-7017 – Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services--Representation (May 2021) 252.204-7019 – Notice of NIST SP 800-171 DoD Assessment Requirements (Mar 2022) 252.215-7008 – Only One Offer (Dec 2022) 252.215-7016 – Notification to Offerors – Postaward Debriefings (Dec 2022)

b. The following provisions are incorporated into this RFP by full text:

52.204-24 – REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract , subcontract , or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services —Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services , or any equipment , system, or service that uses covered telecommunications equipment or services " in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul , covered telecommunications equipment or services , critical technology , interconnection arrangements , reasonable inquiry , roaming , and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment .

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to— https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_25

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services ".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment , system, or service that uses covered telecommunications equipment or services .

The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

https://www.sam.gov/

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment —

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment —

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-

REPRESENTATION (OCT 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c)

(1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it □ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

52.212-2 – EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

https://www.acquisition.gov/far/52.204-25#FAR_52_204_25

(a) The Government will conduct proposal evaluations in accordance with paragraph 3., EVALUATIONS, above, and will use evaluation factors in paragraph 4., EVALUATION FACTORS, above.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision -

Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service -

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or https://www.sam.gov/ https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following:

Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except -

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

https://www.govinfo.gov/link/uscode/6/395 https://www.govinfo.gov/link/uscode/6/395

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate -

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology -

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically -

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran;

and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern -

(1) Means a small business concern -https://www.govinfo.gov/link/plaw/110/public/174 https://www.govinfo.gov/link/uscode/50/1702

(i) Not less than 51 percent of which is owned by one or more service -disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

Small business concern –

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that -

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by -

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $850,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned -

(1) Directly by a parent corporation; or https://www.govinfo.gov/link/uscode/38/101 https://www.govinfo.gov/link/uscode/38/101 https://www.ecfr.gov/current/title-13/part-121 https://www.ecfr.gov/current/title-13/section-121.103 https://www.ecfr.gov/current/title-13/section-124.1002 https://www.ecfr.gov/current/title-13/section-124.105 https://www.ecfr.gov/current/title-13/section-124.105 https://www.ecfr.gov/current/title-13/section-124.103 https://www.ecfr.gov/current/title-13/section-124.104 https://www.ecfr.gov/current/title-13/section-124.104#p-124.104(c)(2) https://www.ecfr.gov/current/title-13/section-124.104#p-124.104(c)(2)

(2) Through another subsidiary of a parent corporation.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern -

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

Women-owned small business concern means a small business concern -

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications -https://www.govinfo.gov/link/uscode/38/101 https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300 https://www.ecfr.gov/current/title-13/section-127.300 http://www.sam.gov/ https://www.ecfr.gov/current/title-48/section-52.212-3

Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that -

(i) It □ is, □ is not a small business concern; or

(ii) It □ is, □ is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that -

(i) It □ is, □ is not a service-disabled veteran-owned small business concern; or

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.

https://www.ecfr.gov/current/title-13/section-121.103#p-121.103(h) https://www.ecfr.gov/current/title-13/section-125.8#p-125.8(a) https://www.ecfr.gov/current/title-13/section-125.8#p-125.8(b) https://www.ecfr.gov/current/title-13/section-125.18#p-125.18(b)(1) https://www.ecfr.gov/current/title-13/section-125.18#p-125.18(b)(2)

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern.

(6) WOSB joint venture eligible under the WOSB Program. The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture:__.]

(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture:__.]

Note to paragraphs (c)(8) and (9):

Complete paragraphs (c)(8) and (9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern).

[Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that -

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique https://www.ecfr.gov/current/title-13/section-124.1002 https://www.ecfr.gov/current/title-13/section-124.1002 https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(a)…