Combined Synopsis_Solicitation W564KV23Q0083 Community Leverage Tech.pdf

ACS Community Leverage Technician #W564KV-Q-0083

Combined Synopsis/Solicitation

W564KV-23-Q-0083

United States Army Garrison Rheinland-Pfalz (USAG-RP) American Community Service (ACS) Community Leverage Technician Kaiserslautern

1. This is COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice.

The Government intends to issue a non-personal service contract on a firm fixed basis and to solicit the proposed services under the authority FAR Part 12 & FAR Part 13. This announcement constitutes the only solicitation proposals/quotations being requested and a written solicitation will not be issued.

The NAICS code for this requirement is 624190 (Other Individual and Family Services), which has a small size standard of $11M.

2. DESCRIPTION: The Contractor shall be responsible for providing a non-personal service in support of

Army Community Service (ACS) Rheinland-Pfalz by providing full range of ongoing and specialized services to include marketing, support to working groups and basic research and data analysis.

You must review the Performance Work Schedule (PWS) ACS Community Leverage Technician Kaiserslautern

Delineating all responsibilities of the contract.

3. This Combined Synopsis/Solicitation incorporates provisions and clauses for commercial services.

The objective of this Combined Synopsis/Solicitation is to issue a Single Award Firm Fixed Priced (FFP) award to obtain Community Leverage Technician in Kaiserslautern. This contract is for a Base year and three (3) Option Years with a possible 6-month extension.

4. Quotes shall be provided using the following CLIN structure below:

CLIN DESCRIPTION QUANTITY U/I UNIT PRICE TOTAL

0001 Base Year 12 Month 1001 Option Year 1 12 Month 2001 Option Year 2 12 Month 3001 Option Year 3 12 Month 52.212-8 6-Month Extension 6 Month

TOTAL PRICE

5. Place of Performance:

USAG Rheinland-Pfalz Kaiserslautern Military Community Army Community Service Building 3210 Kleber Kaserne Kaiserslautern, Germany

6. Period of Performance (POP):

Date of Contract plus 12 Months, Three (2) option years, and 6-month extension.

1. QUOTATION SUBMISSIONS. Offerors are due by 5 September 2023 at 10:00 AM Eastern Daylight Time (EDT). Offers must be sent by email to Contract Specialist, Ms. Deserae Long, deserae.d.long.civ@army.mil with a copy to Contracting Officer, Mr. Cory More, cory.l.moore7.civ@army.mil. The subject of the email(s) shall be “W564KV-23-Q-0083 ACS Community Leverage Tech – QUOTE.” The offeror is responsible for ensuring delivery to the POCs. Offers that are sent in multiple emails shall be numbered to include the total number of emails sent.

Offers received after the above date and time will be considered late in accordance with FAR Clause 52.212- 1(f). The preferred format is PDF.

2. QUESTIONS PERTAINING TO THE REQUEST FOR QUOTE. All questions regarding this solicitation shall be submitted in writing via email. Questions shall be addressed to Contract Specialist, Ms.

Deserae Long, deserae.d.long.civ@army.mil with a copy to Contracting Officer, Mr. Cory Moore, cory.l.moore7.civ@army.mil. Questions will be answered if provided by NLT 1000 Eastern Daylight Time), five (5) business days before the solicitation closes. The subject of the emails shall be “W564KV- 23-Q-0083 ACS Community Leverage Tech – QUESTIONS.” Questions shall annotate a reference to the specific solicitation factor to which they pertain. All questions, resulting in a change to the solicitation will be posted as an amendment to the solicitation.

3. All offers must be submitted in ENGLISH. Those provided in other than English will be determined “Unacceptable” and ineligible for award. All offers must meet the submittal requirement below to be considered for award.

4. Offeror must be registered in the System for Award Management (SAM), www.sam.gov, to be considered for contract award. Prospective offerors shall be actively registered in the System for Award Management (SAM)* at www.sam.gov.

*Vendors offering a quote as an individual are not required to have completed SAM registration at the time of offer. However, individuals shall provide proof of NCAGE Code and initial SAM registration. Please note that they will be required to be registered in SAM and WAWF in order to receive payment if awarded the contract. Please contact the General Service Administration’s Federal Service desk at https://www.fsd.gov/gsafsd_sp instructions on how to start the process.

5. The submission of the documentation specified below will constitute the offeror’s acceptance of the terms and conditions of the solicitation and concurrence with the contract type.

6. It is the Government’s intention to award without discussions. The offeror is encouraged to present the best technical quote and price in their initial quote submission. However, should it become necessary, the Government reserves the right to hold discussions. If an offeror believes that the requirements in these instructions contain an error, an ambiguity, omission, or are otherwise deemed unsound, the offeror shall immediately notify the Contracting Officer in writing with supporting rationale. Hyperlinks are prohibited.

7. To assure the timely and equitable evaluation of quotations, offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors.

8. SUBMISSION REQUIREMENTS. Refer to FAR 52.212-1(b) for additional submission instructions.

Quotations submitted in response to this Combine Synopsis/Solicitation shall include the following:

mailto:deserae.d.long.civ@army.mil mailto:cory.l.moore7.civ@army.mil mailto:deserae.d.long.civ@army.mil mailto:cory.l.moore7.civ@army.mil http://www.sam.gov/ http://www.sam.gov/ https://www.fsd.gov/gsafsd_sp

a. Section I – Contractor Data: Company’s name, address, contact person & telephone number, CAGE Code, Unique Entity Identifier (UEI), and a signed and dated quotation and acknowledgement of receipt of the RFQ/solicitation and All Amendments to include a copy of the representations and certifications at FAR 52.212-3.

b. Section II – Technical. For the Government to determine the offeror to be technically acceptable to meet the Government requirement/specification, the offeror shall provide a resume and appropriate certificates or transcripts to address, at a minimum, the following standards required to provide services as the ACS Community Leverage Technician.

i. The Contractor must be able to access the installation or be a DOD ID card holder.

ii. The Contractor shall have at a minimum 60 semester hours, an Associate's Degree from an accredited college/university or 1 year teaching experience.

iii. The Contractor shall have a minimum, level C1 German language skills.

iv. The Contractor shall read, understand, speak and write English to clearly communicate with and instruct colleagues, supervisors and clients.

v. The Contractor shall be proficient in Microsoft Program Suite and data entry skills.

vi. Experience instructing ESL classes is highly desired.

c. Section III – Price Quote. This section shall contain the quoted CLIN Price and the total price for all items.

Period for Acceptance of Quotes/Offers. The offeror agrees to hold the prices in its quote for 60 calendar days from the date specified for receipt of quotes. Quotes offering a shorter period may be rejected as non-responsive.

FAR 52.212-2 Evaluation – Commercial Items

(a) The Government will award a Firm-Fixed Price (FFP) contract resulting from this solicitation to the responsible quoter whose quote meets or exceeds the Government minimum requirement using a tradeoff approach as the basis for award. The Government will consider Technical and Price, with technical be more important than price. An award may be made to a quote who is higher priced if the perceived benefit of their quote is evaluated to be more advantageous when evaluated against the trade-off criteria. In arriving at the award decision, the Government will conduct comparative evaluations of the quotes as allowed under the Simplified Acquisition Procedures (FAR 13). If the comparative evaluation determines all quotes are technically equal and no additional benefits are perceived, then award will be made to the lowest price quote.

The following factors shall be used to evaluate quotes:

Factor 1 – Technical

a. Tradeoff Subfactor 1: The Contractor shall have at a minimum 60 semester hours, an associate degree from an accredited college/university or 1 year teaching experience. A quote the exceeds the minimum criteria of this subfactor may be evaluated more favorably.

b. Tradeoff Subfactor 2: The Contractor shall have a minimum, level C1 German language skills. A quote the exceeds the minimum criteria of this subfactor may be evaluated more favorably.

c. Tradeoff Subfactor 3: Experience instructing ESL classes will be evaluated more favorably than a quote with no ESL instructing experience.

Table A-1. Meets/ Exceeds/Unacceptable Rating

Rating Description Meets Minimum

Requirement Quotation meets the minimum requirements of the PWS.

Exceeds Minimum Requirement

Quotation meets minimum requirement and exceeds the minimum requirements in any of the listed subfactors of Factor 1.

Unacceptable for award

Quotation does not meet the minimum requirements of the PWS.

Factor 2 – Price

(b) The Government will review the pricing submissions for completeness and compliance with the instructions provided in 52.212-1 and its addendum. Incomplete price submissions may not be evaluated, and the quote may be eliminated from the competition. Price will not be scored or rated. The Government will evaluate the reasonableness of the offered prices. The Government will NOT evaluate the realism of offered prices. Normally, adequate price competition establishes a fair and reasonable price. Analytical techniques and procedures described in FAR 13.106-3 may be used, singly or in combination with others, to ensure that the price is fair and reasonable. If adequate competition is not achieved, the solicitation may be cancelled and resolicited in accordance with DFARS 252.215-7007.

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to be successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.

In addition to the clauses outlined elsewhere in this solicitation, the following clauses are applicable to this requirement.

CLAUSES INCORPORATED BY REFERENCE

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

52.204-7 Alt I System for Award Management – Alternate I (Oct 2018) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Nov 2021) 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (Mar 2023) 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (Dec 2022) 52.228-3 Workers’ Compensation Insurance (Defense Base Act) (Jul 2014) 52.228-4 Workers’ Compensation and War-Hazard Insurance Overseas (Apr 1984) 52.232-33 Payment by Electronic Funds Transfer--System for Award Management OCT 2018 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.247-34 F.O.B. Destination (Nov 1991)

The following Defense Federal Acquisition Regulation Supplement (DFARS) Commercial Clauses apply to this acquisition:

252.203-7000 Requirements Relating to Compensation of Former DoD Officials (Sep 2011) 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (Dec 2022) 252.203-7005 Representation Relating to Compensation of Former DoD Officials (Sep 2022) 252.204-7002 Payment for Contract Line or Subline Items Not Separately Priced (Apr 2020) 252.204-7003 Control of Government Personnel Work Product (Apr 1992) 252.204-7004 Antiterrorism Awareness Training for Contractors (Jan 2023) 252.204-7006 Billing Instructions – Cost Vouchers (May 2023) 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (Jan 2023) 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support (Jan 2023) 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

(Jan 2023) 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism (May 2019) 252.215-7007 Notice of Intent to Resolicit (Jun 2012) 252.215-7008 Only One Offer (Dec 2022) 252.225-7007 Prohibition on Acquisition of Certain Items from Communist Chinese Military Companies (Dec

2018) 252.225-7031 Secondary Arab Boycott of Israel (Jun 2005) 252.225-7041 Correspondence in English (Jun 1997) 252.225-7048 Export-Controlled Items (Jun 2013) 252.227-7015 Technical Data – Commercial Products and Commercial Services (Mar 2023) 252.229-7002 Customs Exemptions (Germany) (Jun 1997) 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (Dec 2018) 252.232-7008 Assignment of Claims (Overseas) (Jun 1997) 252.232-7010 Levies on Contract Payments (Dec 2006) 252.233-7001 Choice of Law (Overseas) (Jun 1997) 252.243-7001 Pricing of Contract Modifications (Dec 1991) 252.243-7002 Request for Equitable Adjustment (Dec 2022) 252.244-7000 Subcontracts for Commercial Products or Commercial Services (Jan 2023)

The following Full Text CLAUSES AND PROVISIONS apply to this Solicitation/Contract

PROVISIONS AND CLAUSES INCORPORATED BY FULL TEXT

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or

Equipment (Nov 2021) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment (Nov 2021) 52.204-26 Covered Telecommunications Equipment or Services -- Representation (Oct 2020) 52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (Dec

2022) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial

Items (Mar 2020) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.225-17 Evaluation of Foreign Currency Offers (Feb 2000) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.252-6 Authorized Deviations in Clauses (Nov 2020) 252.229-7001 Tax Relief– Alternate I (Apr 2020) 252.232-7006 Wide Area Workflow Payment Instructions (JAN 2023)

The contractor shall provide a response to the following clauses/provision unless the vendor has completed their assertions in provision 52.212-3 and the assertions can be found in the vendor’s FAR/DFARS report on SAM.gov.

PROVISIONS AND CLAUSES INCORPORATED 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 and 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--

(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) Representations. 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.

(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)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

(a) Definitions. As used in this clause--

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(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. The Contractor is prohibited from providing to the Government 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. 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.

(c) Exceptions. This clause does not prohibit contractors from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

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) Representations.

(1) 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)

52.212-3 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 https://dibnet.dod.mil/ https://dibnet.dod.mil/ https://www.sam.gov/ 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

(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.

"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--

(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 $750,000 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

(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--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.

(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.

http://www.sam.gov/

(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: ___ .]

(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 entity identifier of each party to the joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation, and

(ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that--

(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or

(ii) It ( ___ ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with…