D01_M6700424Q0049_RFQ.pdf

MARINE CORPS LOGISTICS BASE ALBANY, GEORGIA

REQUEST FOR QUOTE PURSUANT TO FAR PART 13

Solicitation Number / RFQ Number: M67004-24-Q-0049 Subject: Video Tele-Conference & Criticom Maintenance Services

This is a 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. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This procurement is under a Total Small Business set-aside under NAICS code 811210 size standard of $34 Million. An Offeror’s submission of a quote does not constitute a contract or authorize work to begin. This document is not legally binding and does not commit the US Government in any way.

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-03 and Defense Federal Acquisition Regulations Supplement Publication Notice (DPN) 20240326.

In accordance with FAR 12.102(c), when a policy in another part is inconsistent with FAR Part 12, Part 12 shall take precedence.

52.212-2 Evaluation-Commercial Products and Commercial Services (Nov 2021)

Basis for Award: The Government intends to award a contract resulting from this solicitation to the responsible offeror whose quotation conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors are listed in no specific order of precedence and will be used to evaluate quotations:

• Technical

• Price

• Past performance

Evaluation:

Technical: Quotes meeting all specifications outlined in this solicitation will be deemed technically capable.

Price Reasonableness: Will be conducted in accordance with FAR 13.106-3(a). The total quoted price, to include shipping costs, will be used in the price evaluation.

Past Performance: Evaluation will use procedures outlined in DFARS 204.7603 and described in provision 252.204-7024, incorporated herein.

Options: The Government will evaluate quotes for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). Additionally, final option year pricing will be used for FAR Clause 52.217-8, and will be added to the overall quoted price in determining price fair and reasonableness.

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

Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

***ONLY OPEN MARKET PRICING WILL BE CONSIDERED***

Addendum to 52.212-1 Instructions to Offerors.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P298_49781

The Government reserves the right to make an award solely on initial quotes received. Offerors must submit their response to this RFQ via email to javier.lagunas@usmc.mil no later than the posted Response Date in this listing.

Questions will be accepted via email up to (48) hours after the posting of the RFQ. No phone questions will be accepted. The deadline is necessary to ensure timely award and the Government may, in its sole discretion, choose not to respond to questions received after the deadline. Questions will be reviewed and addressed via an amendment to the solicitation and/or posting of the Questions and Answer(s) (Q&A) document.

Quote must contain all requested line items as the contract award will be made in aggregate. Therefore, any quote received without all line items priced will be considered non-responsive.

Shipment: All materials awarded under the contract resulting from this solicitation are expected to be delivered on the date specified in this solicitation. No partial deliveries will be accepted. In order for your quote to be considered responsive, any associated prepaid shipping costs must be identified in the quote and will be evaluated as part of the overall price. The Offeror may submit a ZERO shipping cost; however, ZERO cost must also be clearly specified in the quote. Failure to fill in the required information may result in your quote being considered non-responsive by the Government.

Offerors are instructed to completely fill out the section (Offeror’s Information) below and return it along with your quote. Quotes should be valid for 90 days unless stated otherwise in the quote.

1. Offeror’s Information

To be eligible for award under this Request for Quotation (RFQ), Offerors must be registered in the System for Award Management (SAM) https://www.sam.gov/portal/SAM/ and must furnish Unique Entity ID, Cage Code and Federal Tax ID Number. Failure to submit the required information may result in your quotation being considered non-responsive.

COMPANY NAME: ___________________________________________________________

ADDRESS: __________________________________________________________________

CITY: _________________________________ STATE: ___________ ZIP: ______________

UNIQUE ENTITY ID: _____________________________ CAGE CODE: _________________________

FEDERAL TAX ID NUMBER: _______________ FSC: ______________SIC: ___________

NAME AND TITLE OF QUOTER: ________________________________________________

PHONE NUMBER: _____________ E-MAIL ADDRESS: _____________________________

BUSINESS SIZE STATUS: _____________________ PRIMARY NAICS: _______________

GSA CONTRACT NUMBER (IF APPLICABLE): _________________________

ESTIMATED DELIVERY TIME: ______________ DISCOUNT TERMS: ________________

FOB Destination pricing preferred – Albany, GA 31704

2. Requirement Details:

mailto:javier.lagunas@usmc.mil https://www.sam.gov/portal/SAM/

CLIN Description QTY U/I Unit Price Total Price 0001 • Video Tele-Conferencing Maintenance & Support Services

(Base Year) o Quote must meet all specifications stated on

Performance Work Statement within the solicitation o Includes Software Support and License Upgrades

12 Months

0002 • Criticom ISEC Maintenance Services (Base Year) o Quote must meet all specifications stated on

Performance Work Statement within the solicitation 12 Months

1001 • Video Tele-Conferencing Maintenance & Support Services (Option Year 1) o Quote must meet all specifications stated on Performance Work Statement within the solicitation o Includes Software Support and License Upgrades

12 Months

1002 • Criticom ISEC Maintenance Services (Option Year 1) o Quote must meet all specifications stated on

Performance Work Statement within the solicitation 12 Months

2001 • Video Tele-Conferencing Maintenance & Support Services (Option Year 2) o Quote must meet all specifications stated on Performance Work Statement within the solicitation o Includes Software Support and License Upgrades

12 Months

2002 • Criticom ISEC Maintenance Services (Option Year 2) o Quote must meet all specifications stated on

Performance Work Statement within the solicitation 12 Months

3001 • Video Tele-Conferencing Maintenance & Support Services (Option Year 3) o Quote must meet all specifications stated on Performance Work Statement within the solicitation o Includes Software Support and License Upgrades

12 Months

3002 • Criticom ISEC Maintenance Services (Option Year 3) o Quote must meet all specifications stated on

Performance Work Statement within the solicitation 12 Months

4001 • Video Tele-Conferencing Maintenance & Support Services (Option Year 4) o Quote must meet all specifications stated on Performance Work Statement within the solicitation o Includes Software Support and License Upgrades

12 Months

4002 • Criticom ISEC Maintenance Services (Option Year 4) o Quote must meet all specifications stated on Performance Work Statement within the solicitation

12 Months

Total Price:

Performance Work Statement (PWS) Maintenance and Support of Video Teleconferencing Equipment for Rooms 311D, 322 and CRITICOM ISEC Switch, Building 3700, Marine Corps Logistics Base Albany, GA

1.0 General: This is a non-personal services contract to provide inspection and maintenance of Marine Corps Logistics Command (MARCORLOGCOM) Video teleconferencing (VTC) equipment located in Building 3700. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, materials, supervision, and other items and non-personal services necessary to support, service, and maintain a fully integrated, operational audio visual, teleconferencing system to ensure continual communication in conference with up to seven (7) persons simultaneously, in secure mode (H.320, H.323, and SIPRNET Protocol compatible) for building 3700, Marine Corps Logistics Base Albany, GA.

Services include quarterly inspection and maintenance of the system to ensure proper system operation as defined by this PWS.

1.2 Period of Performance: Base Period: 9 May 2024 - 8 May 2025 Option Period 1: 9 May 2025 - 8 May 2026 Option Period 2: 9 May 2026 – 8 May 2027 Option Period 3: 9 May 2027 – 8 May 2028 Option Period 4: 9 May 2028 – 8 May 2029

1.3 General Information

1.3.1 Recognized Holidays: The contractor shall not schedule services to be performed on holidays unless coordinated with the government.

New Year’s Day Labor Day Washington’s Birthday Columbus Day Martin Luther King Jr.’s Birthday Veterans Day Memorial Day Thanksgiving Day Juneteenth National Independence Day Christmas Day Independence Day

1.3.2 Hours of Operation: The contractor shall schedule work to be performed between the hours of 7:00 a.m. to 4:00 p.m. Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. Federal Holidays shall be defined as the current 11 federal holidays set by law under U.S. Code Title 5 Section 6103. This shall not apply to Executive Orders that declare certain days or portions of days of the year to be Holidays for Federal employees only.

1.3.3 Place of Performance: The work to be performed under this contract will be performed at Marine Corps Logistics Base, Albany GA, Building 3700, floor 3, room 311D and 322.

1.3.4 Security Requirements: For base access, the contractor shall ensure all employees complete DD Form 1172, Application for Uniformed Services Identification Card (DEERS) Enrollment, if required for performance determined by the Contracting Officer.

1.3.5 Physical Security: The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured. Government personnel must be always present when Contractors are onsite.

1.3.6 Special Qualifications: The Contractor shall demonstrate knowledge, skills and possess adequate experience and certifications needed for maintaining VTC systems for government entities.

1.3.7 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, engaging in email correspondence, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed. Contractor personnel shall obtain and wear badges that are always in view.

1.4 Safety

1.4.1 Mishap Reporting: Marine Corps Logistics Command (LOGCOM) is in the process of pursuing OSHA Voluntary Protection Programs (VPP) recognition or has already received VPP recognition from OSHA. VPP affects all applicable contractors operating on site. It is the contractor's responsibility to ensure its employees and managers are in full compliance with OSHA requirements and have a general understanding of VPP. All contractors, whether regularly involved in routine site operations or engaged in temporary projects such as construction or repair, must follow the safety and health rules of LOGCOM. Detailed information on VPP is available on the OSHA website at http://www.osha.gov/dcsp/vpp/index.html. The contractor shall comply with commercial safety standards as identified by the Occupational Safety and Health Administration. The contractor shall comply with all Federal, State, Department of Defense (DoD), Navy, Marine Corps (MC), and local rules and regulations to include but not limited to Occupational Safety and Health Administration (OSHA) Standards, National Fire Protection Association (NFPA) Standards, Navy Marine Corps Directive (NAVMC DIR) 5100.8, Marine Corps Order (MCO) 5100.8, and MARCORLOGCOMO (LCO) 5100.8.

1. Mishap reporting procedures

2. Weekly safety meetings

3. Employee training requirements

4. Monthly safety inspections

5. Requirements for subcontractors to comply with the safety provisions of this contract

1.4.2 Additional Safety requirements

1.4.2.1 Applicable Contractors: These requirements apply to contractors, subcontractors, and their employees or agents.

http://www.osha.gov/dcsp/vpp/index.html.

1.4.2.2 Within one (1) hour of any mishap or incident resulting in personal injury (OSHA recordable) and/or significant property damage while performing work authorized by this contract, the contractor shall notify the following:

1. The activity’s Safety Representative – TBD

2. Technical Point of Contact; TBD

3. The Contracting Officer; TBD

4. LOGCOM Environmental, Health and Safety (EH&S) office. A written report of the mishap/incident shall be sent within 24 hours to EH&S. The Government point of contact is TBD

1.4.2.3 Mishap notifications shall contain, as a minimum, the following information:

1. Contract Number, Name of Company, and Name and Title of Person(s) Reporting

2. Date, Time, and exact location of accident/incident

3. Brief narrative of accident/incident (Events leading to accident/incident)

4. Cause of accident/incident, if known

5. Estimated cost of accident/incident (material and labor to repair/replace)

6. Nomenclature of equipment and personnel involved in accident/incident

7. Corrective actions (taken or proposed)

8. Other pertinent information

1.4.2.4 Contractor must fully cooperate with LOGCOM safety personnel during safety inspections of the workplace and inspections of required documentation.

1.4.2.5 Safety requirements listed in this package that do not relate to the contractor’s operations or services may be waived by the Contracting Officer. Objections made by the contractor must be reported to the Contracting Officer within 10 days of contract award. Objections will be considered on a case-by-case basis.

1.4.2.6 Smoking and the use of tobacco products is allowed in designated areas only.

1.4.2.7 All vehicle operators and passengers of contractor and privately owned vehicles are required to wear seatbelts while their vehicle is in operation on the installation and/or performing work under this contract. The use of seatbelts is also required on all mobile construction equipment operating on the installation and/or performing work under this contract.

1.4.2.8 All vehicle operators and passengers are prohibited from using a cell phone, personal digital assistant (PDA), or Blackberry™, unless the vehicle is safely parked, or the operator is using a hands-free device. The use of portable headphones, earphones, or other listening devices (except for hand-free cell phones) while operating a motor vehicle is also prohibited.

1.4.2.9 Should an accident occur and in the event the US government investigates the mishap, the contractor and subcontractors shall cooperate fully and assist government personnel during the investigation period. Instructions pertaining to the assistance required from the contractor in support of an investigation and the point of contact of the LOGCOM safety personnel involved in an investigation will be provided by the government representative.

2.0 Definitions and Acronyms

Acronyms and Definitions. For any unique term or acronym in this document not found at the site, the Government will provide the definition or description upon request.

3.0 Specific Tasks

3.1 Basic Services: The contractor shall provide maintenance support services to include existing equipment in Room 311D in accordance with specific tasks within this PWS. Schedule to include 24X7 maintenance and telephone support, software and license updates, and preventative maintenance.

3.1.1 Inspection and Preventative Maintenance: To ensure continued proper system operation, the contractor shall conduct quarterly inspection and preventative maintenance of the system.

Upon completion, the contractor shall submit a summary of service conducted and description of the operational condition of the VTC system.

3.1.2 Emergency Maintenance: In the event of system failure, within four (4) hours of notification, the contractor shall inspect, troubleshoot and if not able to successfully resolve, report analysis and remediation plan to the government POC.

3.1.3 Manual: The contractor shall update an operation manual in both physical and electronic forms.

3.2 General Requirements.

3.2.1 Maintenance includes all equipment and software in existing system with no-cost replacement for failed equipment. Excluded items will be pre-determined consumables.

3.2.2 Maintenance support shall be 7x24x365. The contractor shall provide on-site support in the event over-the-phone support does not remedy any perceived or actual problems with the VTC system. The on-site support shall be provided within 2 hours of the first service call. Over the phone support shall be available within 30 minutes of the first service call. Any warranty agreements shall include on-line and/or telephone access to the contractor’s technical resources and help desk. In the event of catastrophic failure of the Control System, the Government requires on site response within 2 hours.

3.2.3 Maintenance and support shall be performed in such a manner as to cause the least interference with the normal functions of the Government activity. Work areas will be cleared/vacated for the period necessary for the Contractor to perform work; however, the building will be occupied during work.

3.2.4 Prior to beginning any work, the Contractor shall meet with the government’s representative to discuss and develop mutual understandings relative to scheduling and administering work. All work in Bldg. 3700 shall be accomplished between the hours of 7:00 a.m. and 4:00 p.m., Monday thru Friday (excluding federal holidays) unless other times are specifically pre-arranged with the Contracting Officer. This requires a written request two (2) days prior to proposed work.

3.2.5 List of Equipment

(1) Cisco SX20 Codec Integrator Package (Includes SX20 Codec, Precision HD Camera, and Natural Presenter Software)

(1) Precision 40 HD Camera

(1) Crestron TST-902 Touch Screen

(1) Crestron Pro3 3-Series Processor

(1) Crestron DM8X8 Switcher

(1) Crestron DM-4K-RMC-100-C

(1) Extron Amplifier

(1) Bi-Amp Nexia VC DSP

(1) Vizio 4K/UHD 70” Monitor

(1) Samsung UBD-8500ZA Blu-Ray/DVD Player

(1) Criticom ISEC 2030 IP Switch

(1) Market Central Secure Switch Fiber Optic A/B/C Switch

(1) 23-36-19 IPS Container

(1) AVFI 12U AV Rack

4.0 Deliverables Schedule

DELIVERABLE FREQUENCY # OF COPIES MEDIUM/FORMAT SUBMIT TO

Equipment Maintenance

Quarterly On-site performance Government Representative

Manual As needed (in accordance with any revisions made during the period of performance)

3 - paper (hard copy) 1 - electronic

Paper (hard copy), CD in MS Word or pdf.

Government Representative

Service Summary Quarterly 1 - electronic Electronic, MS Word or pdf. Government Representative

Table 1 Performance Requirements Survey (PRS)

Performance

Objective Performance Standard Acceptable Quality Level

Performance Measurement

Method of Surveillance

Maintenance Agreement

PWS 3.1.1

The performance standard will be met when the requirements for the warranty and maintenance agreement as detailed in PWS 3.1.1 and subsequent PWS paragraphs have been accepted by the Government as effectively supporting program goals.

Acceptable performance has been met when 100% of the quarterly maintenance inspection and prevention have been met.

Review of service report and communications with Command suite and G6 staff.

Inspection Analysis

Emergency Maintenance

PWS 3.1.2

The performance standard will be met when the requirements for emergency maintenance as detailed in PWS 3.1.2 and subsequent PWS paragraphs have been accepted by the Government as effectively supporting program goals.

Acceptable performance has been met when the system is 100% operational within the timeframe set within this PWS.

Review of service report and communications with Command suite and G6 staff.

Manual

PWS 3.1.3

The performance standard will be met when the requirements for a manual as detailed in PWAS 3.1.3, to include any updates, have been accepted by the Government as effectively supporting program goals.

Acceptable performance has been met when the system is 100% operational within the timeframe set within this PWS.

Review of service report and communications with Command Deck staff.

THE FOLLOWING FAR AND DFAR PROVISIONS APPLY

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far

(End of provision)

PROVISIONS INCORPORATED BY REFERENCE

52.204-7 System for Award Management FEB 2024 https://www.acquisition.gov/browse/index/far

52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.212-1

Instructions to Offerors--Commercial Products and Commercial Services

SEP 2023

52.217-5 Evaluation of Options JUL 1990 52.237-1 Site Visit APR 1984 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.225-7055 Representation Regarding Business Operations with the

Maduro Regime

MAY 2022

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region–Representation

JUN 2023

PROVISIONS 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 or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

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

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

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

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

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

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

(d) Representation. The Offeror represents that—

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

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(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)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES ALTERNATE I (FEB 2024)

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

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

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

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(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;

https://www.sam.gov/

(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 (SDVOSB)” concern means a small business concern—

(1) (i) Not less than 51 percent of which is owned and controlled 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; or

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, 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), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs’ Veterans Benefits Administration, as a service-disabled veteran.

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that—

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

"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 124.1001", 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 the threshold at 13 CFR 124.104(c)(2) 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 and controlled 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 http://www.sam.gov/

(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) SDVOSB concern joint venture eligible under the SDVOSB Program. The offeror represents that it □ is, □ is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR

128.402. [Complete only if the offeror represented itself as an SDVOSB concern in paragraph (c)(3) of this provision.] [The offeror shall enter the name and unique entity identifier of each party to the joint venture:

(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.

Note to paragraphs (c)(9) and (10): Complete paragraphs (c)(9) and (10) only if this solicitation is expected to exceed the simplified acquisition threshold.

(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…