Combined Synopsis - Solicitation - Water Testing Services NAVSTA Newport.docx

COMBINED SYNOPSIS / SOLICITATION

Solicitation Number N4008525R2691

Contract Title: Water Testing Service Contract at Naval Complex, Newport, Rhode Island

This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in subpart 12.6, 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.

GENERAL INFORMATION:

BACKGROUND

The mission of Naval Station Newport is to fulfill the diverse requirements of its tenant commands by providing the facilities and infrastructure that are essential to their optimum performance. NAVSTA Newport ensures that the highest standards of the Navy are incorporated into its efforts; that all tenant commands benefit from its continuous improvement; and that all hands work together to earn and maintain its reputation as the Navy's world-class Center of Learning Excellence.

To ensure operational sustainment, Naval Station Newport is required to follow Rhode Island state environmental regulations for water testing. At this point in time, Naval Station Newport does not have the organic capability to perform their own environmental state approved lab testing on site and requires a commercial contract to successfully perform the required services.

SCOPE

Naval Station Newport, RI (NAVSTA) requires support services for the environmental sampling of water to fulfill the requirements of state environmental compliance regulations. The government requires a certified analytical laboratory by the State of Rhode Island’s Health Department who is able to perform environmental analyses in accordance with existing local, state, and federal regulations.

TASKS

The vendor shall coordinate with the NAVSTA Environmental Department for the specific time and place of samplings. The vendor shall provide all labor, materials, equipment, sample bottles, transportation of samples and supervision necessary to analyze water samples from specific locations at NAVSTA in accordance with the specifications listed herein.

Annual Sample is to be performed on the same day in April of each year to be delivered between the dates of April 1st and April 20th. Samples are to be taken from 2 separate locations as designated below.

Pickup of the annual samples must be coordinated with the Environment POC who will make arrangements for the vendor to retrieve the annual samples.

Type of Contract: This is a Facilities Support, Indefinite Delivery/Indefinite Quantity Contract with Recurring and Non-Recurring Services

Solicitation Number: Request for Proposal Number N4008525R2691

Minimum Guarantee: The Recurring Price portion of the base year only is the minimum guarantee for this contract.

Set-Aside: Total Small Business Set Aside

NAICS Code: The NAICS Code assigned to this procurement is 541380 – Testing Laboratories and Services Contractors with a size standard of $19,000,000.00.

Wage Determination (Service)/Wage Decision (Construction): Service Contract Act (SCA) is included in this solicitation. Refer to Section J, Attachments. Wage Determination No.: 2015-4089, Revision No.: 29, dated 12/23/2024 is included in this contract.

Service Contract Labor Standards formerly SCA (Wage Determination No.2015-4089 Rev. 27) shall be used for wage rates and fringe benefits for FSC services. The Service Contract Labor Standards Wage Determination incorporated in Section J is for the Base Year performance period only. The latest Wage Determination available at the time each option is exercise will be incorporated into the contract. Unit prices will ONLY be adjusted for the Service Contract Labor Standards wage increases in accordance with FAR Clauses 52.222-43, Fair Labor Standards Act and Service Contract Act – Price Adjustment and FAR Clause 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026. The contractor warrants, by submission of his proposal, that the price does not include any contingency for future Service Contract Act related wage increases.

Wage Rate Requirements-Price Adjustment (None or Separately Specified Method) – Offerors may propose separate prices for each option period, but the contracting officer will not further adjust the contract price as a result of the incorporation of a new or revised wage determination(s) at the exercise of each option to extend the term of the contract. As such, the contractor may include in the offered price for the option years any increase needed for wages or benefits for construction work under the contract. Offerors are required to segregate Wage Rates Requirements Construction hours and wages from Service Contract Labor Standards hours and wages in the payroll records.

Bid Guarantee/Bonding Requirements: NOT REQUIRED for this procurement.

Contract Term: This contract contains provisions for a Base Period with five (5) Option Periods, not to exceed a total of sixty six (66) months. The Government has the option to extend the term of the contract in accordance with Section I, Contract Clauses, 52.217-9, Option to Extend the Term of the Contract-Services (Mar 2000).

Contract Location: Naval Station Newport, Newport, RI

Period of Performance: The period of performance for the Base Year is 24 June 2025 through 23 June 2026.

Evaluation of Proposal: Proposers shall submit a lump sum price for Section B, CLINs 0001 through 0012 and unit prices for N4008525R2691 referenced in Attachment 1. For purposes of evaluating offers for award, the Government will utilize the pricing submitted for the base year and all option periods. Refer to Section M, FAR 52.217-5, Evaluation of Options (JUL 1990). Award will be made on the lowest price acceptable to the Government.

Contract Line Items and Contract Exhibit Line Items

a. Proposers shall enter unit prices and amounts for Contract Line Items (CLINs) and Contract Exhibit line items (ELINs) as indicated in the schedules and accompanying exhibits.

b. In the event there is a difference between a unit price and the extended total amount, the unit price will be held to be the intended bid and the total of the CLIN, the ELIN will be recomputed accordingly. The CLIN will also be recomputed to take into account the change in the contract ELINs. If the offeror provides a total amount for an ELIN, but fails to enter the unit price, the total amount divided by the ELIN quantity will be held to be the intended unit price.

c. The Schedule of Recurring Work (CLIN 0001, 0003, 0005, 0007, 0009, and 0011) and the Schedule of Non-Recurring Work (CLIN 0002, 0004, 0006, 0008, 0010, 0012) will be used as the basis for deductions in accordance with FAR Clause 52.246-4, Inspection of Services – Fixed Price, Section E.

Unit Price Adjustments in Option Periods

This contract incorporates the Service Contract Act (SCA).The SCA Wage Determination incorporated in Section J is for the Base Year performance period only. The latest Wage Determination available at the time for each option exercise will be incorporated into the contract. Unit prices will ONLY be adjusted for the Service Contract Act (SCA) wage increases in accordance with FAR Clauses 52.222-43, Fair Labor Standards Act and Service Contract Act – Price Adjustment.

Indefinite Quantity Individual Contract Line Item Quantities

Once the estimated quantities for individual line items shown in the Schedule have been ordered, additional quantities may be ordered as long as the overall not-to-exceed (NTE) amount of the contract per year is not exceeded and the Contractor agrees by signing the task order.

Unit Prices for Labor

a. A portion of the work included in the scope of this contract cannot be identified in advance in sufficient detail to be as a Unit Price Task in this contract. Labor for this work will be ordered and paid for based on unit prices for labor proposed by the Contractor listed in the Schedule of Non-Recurring Quantity Work.

b. Estimated hours in the Schedule are a forecast of future requirements. These estimated hours are for performing "Non-Recurring Quantity Work” accomplished in the time period shown.

c. The Contractor shall enter, in the unit price proposal space, the unit price for performing composite labor. The composite labor price shall include all direct and indirect costs associated with performing an hour of work. The composite labor price should be the Contractor's hourly craft wage adjusted to allow for the offerors work force productivity (i.e., the Contractor's estimate of how its’ work force will perform in relation to the Means Facilities Cost Data and/or the Engineered Performance Standards). The Composite Labor Rate shall include all costs for preparation of the cost proposal, job preparation, travel, pre- expended bin materials and supplies, ordering and stockpiling job material, additional material handling, items of equipment necessary to perform work (I.e. bucket truck, lifting equipment, staging, etc.), profit, tools, equipment, field and home office overhead, clerical support, supervision, inspection, fees, taxes, licenses, bonds, permits, insurance, etc.

Period of Performance – Less than One Year

Offer shall be submitted for the performance of work for a period of one year. The contractor is cautioned to recognize that the initial term of the contract may be for a period of less than one year in accordance with the “Term of Contract” clause in Section F. In the event that the period of performance is less than one year, the Government will reduce the individual line item quantities to reflect work remaining in the contract term and no other adjustments to the pro-rated contract price will be made.

Government Purchase Card

Non-Recurring quantity work may be ordered at the prices offered by two ways: 1) by the issuing activity using a DD Form 1155 “Order for Supplies and Services”; 2) by an authorized Government user via a Government Purchase Card (GPC). When receiving GPC orders against Section B, the contractor shall provide the supplies and services at the offered price without additional markup or handling fee.

Request for Proposals (RFP) Information/Clarification Questions

All questions from offerors concerning any aspect of this request for proposal (RFP) must be submitted in writing. Prospective offerors are requested to submit written questions specifying the section and paragraph of the specification for which clarification is desired. All inquiries will be answered in writing. Telephone questions will not be entertained. Offerors are specifically cautioned that verbal discussions and replies to question shall not have the effect of changing the provisions of the written RFP.

All questions must be submitted at least 10 days before proposals are due. This is the most efficient way to ensure all questions are addressed in a timely manner.

Pre-Proposal Inquires shall be electronically sent electronically to Stefan Nassaney, Contract Specialist at the following email address, Stefan.e.nassaney.civ@us.navy.mil.

Request for Proposal (RFP) Files:

Solicitations are posted to the Contract Opportunities website (https://www.beta.sam.gov) as mandated by our Agency. By necessity, these files are protected to prevent unauthorized editing.

It is the sole responsibility of the offeror to obtain the RFP files, along with any amendments, from this website.

Unprotected editable file copies of the RFP documents including: Word, Excel and/or .pdf files (Adobe Acrobat Files) will not be provided. Please plan accordingly.

Solicitation

This solicitation incorporates by reference a Performance Work Statement (PWS) developed by using NAVFAC performance-based specifications. The PWS consists of Annexes 1, 2, and 15. The contractor will be required to meet the specifications in those Annexes per Section C of this solicitation.

Notice to Offerors:

Offerors are required to submit Section B, Contract Line Items (CLINs) Schedule, and Section J, Exhibit Line Items (ELINs) with their proposal. The total of the CLIN is equal to the sum of the ELINs as shown below:

Please see attachment 0200000-06 Blank ELINS 5-9-25 for full breakdown of Base year and all Options.

Submitting Your Proposal

Proposals are due by 2:00PM EST 6 June 2025

Proposals shall be sent via email to the following:

Stefan Nassaney Stefan.e.nassaney.civ@us.navy.mil 401.841.4443

CONTENT OF PROPOSALS

A. Price:

(i) Submittal Requirements: The offeror shall submit one (1) electronic copy marked original via PIEE to including all the solicitation submittal requirements identified below. See Section 24 of this RFP for more information about submitting proposals via PIEE Solicitations.

- Include a cover page with Solicitation Number, Solicitation Title, Prime Contractor Name, Address, Phone Number, Fax Number, Unique Entity ID, Cage Code and Point of Contact (POC) with their phone number and email address;

B. Attachment 2 - 0200000-06 Blank ELINS 5-9-2025 (Exhibits A through G). Pricing shall only go two decimal places. This \ includes Offerors ensuring the Excel pricing cells do not include additional, hidden decimal places. The proposal shall include this attachment as a Microsoft Excel File;

C. If applicable, where Exhibit Line Items/sub Exhibit Line Items contain a quantity of zero or a blank quantity, unit pricing shall be provided in the event future quantities are added;

D. The Unique Entity ID and/or CAGE for all the Offeror’s team members (e.g. Partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the proposal; and

E. Completed Contractor Proposal Certification (See Section L, Paragraph 1)

F. SAM registration. Offeror shall ensure current registration on the SAM Website, www.sam.gov, including Annual Representations and Certifications are complete and updated for this procurement. If a Representation or Certification required by Section K of the RFP is not provided in SAM, include the representation or certification in your price proposal.

G. FAPIIS. Offeror shall ensure Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete, as required by FAR 52.209-7, Information Regarding Responsibility Matters.

H. VETS-4212 registration. Confirmation of filing of Veterans’ Employment and Training (VETS-4212) for the 2023 filing cycle, if the Offeror is required to submit. Offeror shall ensure a current VETS-4212 report has been submitted to the Department of Labor (DOL) website, http://www.dol.gov/vets/vets4212.htm. An email confirmation of submission can be requested and received by the Offeror from the DOL website and submitted in the price proposal.

If the Offeror is not required to submit a report to VETS-4212, include a brief statement and justification explaining why the Offeror is not required to submit a report. Visit the VETS-4212 website for details concerning if your company is required to submit a VETS-4212 report and to request an email confirmation of submission.

A small business joint venture Offeror must submit, with its offer, the representation required in paragraph (c) of FAR solicitation provision 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, and paragraph (c) of FAR solicitation provision 52.219-1, Small Business Program Representations, in accordance with 52.204-8(d) and 52.212-3(b) for the following categories:

B Small business;

C Service-disabled veteran-owned small business;

D Women-owned small business (WOSB) under the WOSB Program;

E Economically disadvantaged women-owned small business under the WOSB Program; or F Historically underutilized business zone small business.

ADDITIONAL INFORMATION TO BE SUBMITTED WITH PRICE PROPOSAL PACKAGE:

RESPONSIBILITY DETERMINATION INFORMATION

In order to be eligible for award, the offeror must be determined responsible in accordance with FAR Part 9, specifically 9.104-1, General Standards. In a separate tab, the offeror shall provide the following information in the price proposal package:

A. Provide name of financial institution, point of contract, telephone number, and email address. Provide a signed statement of release giving the reference permission to release the information to the Navy.

B. One (1) signed bank reference demonstrating adequate financial resources. If offeror’s firm has a line of credit, provide information on how many figures offeror can borrow against the line of credit (i.e. medium 6 figures – exact line of credit is not required).

C. The offeror shall provide the latest three complete fiscal year financial statements for the prime contractor, certified by an independent accounting firm, if practicable, or signed by an authorized officer of the organization. Submit evidence of availability of working/operating capital, which will be used for the performance of the resultant contract. For Joint Venture arrangements, submit the latest three complete fiscal year financial statements for each company in the Joint Venture and discuss the financial responsibilities among the companies. The Government may also utilize Dun & Bradstreet reports to evaluate the financial capacity of the offeror.

D. Description of offeror’s facilities and equipment.

E. Other offeror’s work presently under contract.

a. Offerors are not required to submit financial information as detailed in the price submission instructions via PIEE Solicitation Module. Should the Offeror choose not to submit the above detailed Responsibility Determination Information via PIEE Solicitation Module, it shall be submitted via email to the Government's point of contact identified in Factor 5, Past Performance.

Although required to be submitted with offeror’s price proposal, this information will not be evaluated as part of the price proposal. This information will be used as the basis of your firm’s responsibility determination should your firm be considered for award.

Point of Contact:

Stefan Nassaney Email: Stefan.e.nassaney.civ@us.navy.mil Phone: 401.841.4443 Steps to submit a quote in the PIEE Solicitation Module:

To submit a quote to the U.S. Government through the Procurement Integrated Enterprise Environment (PIEE) Solicitation Module, follow these steps:

G. Login to PIEE: Visit the PIEE website and log in with your credentials. Make sure your role and access permissions are set to “Vendor” or the appropriate access level for submitting proposals.

H. Access the Solicitation Module: From the PIEE home page, navigate to the “Solicitation” module, which is designed for vendors to view solicitations and submit proposals.

I. Find the Solicitation: Use the search functionality in the Solicitation module to locate the specific solicitation by Solicitation Number, Contract Number, or keyword.

J. Review Solicitation Details: Carefully review all the details and documents associated with the solicitation, 52.212-2, Evaluation-Commercial Products, and submission requirements.

K. Prepare Your Proposal: Prepare your proposal according to the format and requirements outlined in the solicitation documents. Make sure to include all required documents (e.g., technical, price, past performance) and ensure they comply with the submission guidelines.

L. Submit the Proposal: Within the Solicitation module, find the “Submit Proposal” or “Respond to Solicitation” option associated with the solicitation. This will open up the submission portal. Upload the required documents (e.g., PDFs, Excel sheets) as specified in the solicitation. Verify that all files are properly attached and formatted according to the instructions.

M. Complete Submission: After uploading the documents, confirm the submission by following the on-screen instructions. The system will ask you to verify all details before final submission.

N. Receive Confirmation: Once submitted, you should receive a confirmation message within the system, and an email confirmation will likely be sent to your registered email address. You can monitor the status of your submission within the PIEE portal.

O. Post-Submission: You can return to the Solicitation module to check updates on the solicitation, review clarifications or amendments, and monitor the proposal status.

Additional Tips:

Check for Amendments: When viewing the solicitation ensure you are viewing the latest amendment. After submitting, keep an eye on amendments or changes to the solicitation. You must update your offeror if the solicitation is amendment. Before submitting an offeror click the “Please notify me of amendments to this solicitation” in the upper left-hand corner.

Ensure Compliance: Make sure your proposal complies with all submission requirements, including format, deadlines, and documentation.

Technical Support: If you encounter any issues, PIEE has support resources available, including help desks and user guides. This process ensures your proposal is securely and properly submitted to the government through the designated PIEE platform .

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular part of the Federal Acquisition Regulation (FAR).

The provision at 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services, applies to this acquisition and a statement regarding any addenda to the provision.

The clause at 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services, applies to this acquisition and a statement regarding any addenda to the clause.

The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services, applies to this acquisition and a statement regarding which, if any, of the additional FAR clauses cited in the clause are applicable to the acquisition.

Any additional contract requirement(s) or terms and conditions (such as contract financing arrangements or warranty requirements) determined by the contracting officer to be necessary for this acquisition and consistent with customary commercial practices.

CLAUSES INCORPORATED BY REFERENCE

Improper Activity

Transactions

Reinvestment Act of 2009

Subcontract Awards

Certifications.

Systems

Representation.

With Contractors Debarred, Suspended, or Proposed for

Debarment

Responsibility Matters

Corporations

Commercial Services

Modifications - Sealed Bidding

-Sealed Bidding

Modifications

2022-O0001)

(Deviation 2022-O0001)

Other Than Certified Cost or Pricing Data -- Modifications

Compensation

Work

Relations Act

Standards - Price Adjustment (Multiple Year And Option

Contracts)

Order 14026

Potential Hydrofluorocarbons.

Materials

Goods--Buy American Statute--Construction Materials Under

Trade Agreements

52.227-2

Notice And Assistance Regarding Patent And Copyright

JUN 2020

Infringement

Representation

Management

Offer

Services

Price) (Short Form)

Price)

Officials

Contract-Related Felonies

Officials

Contractor Reported Cyber Incident Information

Incident Reporting

Support

The Government of a Country that is a State Sponsor of

Terrorism

Hazardous Materials

and Canada--Submission After Award

Satellite Services.

Enterprises, and Native Hawaiian Small Business Concerns

Services

Clauses Incorporated by Full Text:

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2025)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 541380.

B The small business size standard is $19,000,000.

C The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--

G Is set aside for small business and has a value above the simplified acquisition threshold;

H Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

I Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women- owned small business set-aside or sole-source award regardless of dollar value.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

[ ] Paragraph (d) applies.

[ ] Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm- fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

B The acquisition is to be made under the simplified acquisition procedures in Part 13;

C The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

D The solicitation is for utility services for which rates are set by law or regulation.

d. 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

e. 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

f. 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

g. 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

· Are not set aside for small business concerns;

· Exceed the simplified acquisition threshold; and

· Are for contracts that will be performed in the United States or its outlying areas.

d. 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

e. 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

f. 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

g. 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

1. 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

2. 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

3. 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the 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).

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the 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).

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of biobased products in USDA-designated product categories; or include the clause at 52.223-2, Reporting of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the provision at 52.204-7.

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates II and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more but is less than $100,000, the provision with its Alternate II applies.

(C) If the acquisition value is $100,000 or more but is less than $102,280, the provision with its Alternate III applies.

(D)

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer: [Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. 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.

FAR Clause Title Date Change

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 on SAM.

(End of provision)

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)

(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…