D1. RFQ M00264-23-Q-0158.docx

M0026423Q0158

Section SF 1449 - CONTINUATION SHEET

PWS

Performance Work Statement (PWS) Mast Display Fabrication and Installation National Museum of the Marine Corps (NMMC)

1. Background:

Open since November 10, 2006, the National Museum of the Marine Corps (NMMC) is a military history museum dedicated to showcasing the material history of the United States Marine Corps (USMC). Within this document NMMC, Government, and Museum are used interchangeably.

The NMMC consists of various extant themed exhibit spaces. Each gallery portrays the history of the Marine Corps through a complex integration of artifacts, graphics, audio and video media, theatrical lighting, life cast figures, interactive displays, scenic tableaus, and dioramas.

The NMMC intends to create a new display location within Gallery 1, Leatherneck Gallery. This location will display artifact vehicles up to 3,000 lbs. in weight which will be annually changed out by museum staff. The finished display structure is designed to blend in with the existing architectural design of the gallery and have features that facilitate these change outs with minimum effort and with readily available resources.

1. Scope:

This requirement is for fabrication and installation of a semi-circular platform approximately 22 feet in diameter with an integral handrail and rubber floor covering. The railing shall have two (2) built-in holders for paper graphics that will be generated by NMMC. To facilitate installation of artifacts, one section of the railing will pivot out of the way and a removable ramp will be provided to roll the vehicle up onto the display. The display will be custom fabricated of steel (or approved alternative) and painted to match the existing gallery color. See attached drawings for more information.

The Vendor’s responsibilities include:

· Fabrication of the display to meet the design intent

· Performance of field survey to verify conditions and dimensions

· Modification of existing railing to accommodate new design

· Creation of fabrication drawings for approval by NMMC

· Sample submission of paint and floor covering

· Installation of the display

The NMMC has achieved and maintained a high level of quality in its exhibits, earning it a gold standard rating with independent museum rating organizations and winning awards for excellence from themed entertainment associations. It is incumbent on the Vendor, and their sub-contractors, to maintain or exceed this level of quality and durability in the fabrication, installation, overall look, and quality in the completed exhibitry. Any work failing to meet this standard, as deemed by the Government Technical Point of Contact (TPOC), shall be corrected by the Vendor at their expense. Time spent correcting rejected work shall not be accepted as a reasonable excuse for missing project deadlines. It is also the responsibility of the Vendor, and their sub-contractors, to understand and adhere to the requirements of this document. It shall be understood that, for the sake of simplicity and to reduce redundancy, details listed herein are not always repeated on drawings. This is not meant to release the Vendor from meeting these requirements. Any work not meeting the level of quality as specified in this document shall be corrected at the Vendor’s expense to the satisfaction of the TPOC.

1. Place of Performance: NMMC is located within Prince William County and subject to concurrent jurisdiction with Marine Corps Base (MCB), Quantico, VA 22134 address:

The National Museum of the Marine Corps (NMMC) 1775 Semper Fidelis Way, Triangle, VA 22172-1949

1. Period of Performance: All work to be fully complete in accordance with the terms of the PWS by April 01, 2024.

1. List of Deliverables:

1. Display platform with integral railings and graphic holders.

1. Removable ramp.

1. Modification of existing railings.

1. Fabrication drawings

1. Paint and floor covering samples

1. Working Hours: The NMMC is open to the general public from 9:00 AM until 5:00 PM, 364-days per year, every day except December 25. All work associated with this procurement will take place outside of these hours. The display location is in a high traffic and high visibility area of the museum and work of any kind will not be permitted with guests in the area.

1. Field Conditions: The Vendor shall conduct a site visit and verify all field conditions, dimensions, and materials in the field before commencing work with the understanding that the government drawings represent design intent and are not to be interpreted as ready-to-build. Deficiencies with the final product caused by a lack of field verification shall be corrected by the Vendor at their expense to the satisfaction of the TPOC. It is the responsibility of the Vendor to evaluate the site conditions to understand the scope of work completed.

1. Working on a Government Installation: The Vendor and their employees shall be subject to all traffic, security, and registration regulations for personnel and vehicles.

All Vendor and sub-contracted personnel attending meetings, answering Government telephones, or working on site where their status is not known to third parties, must identify themselves as such on demand by Government personnel. Unless otherwise directed by the TPOC, all documents produced or revised by Contractors or developed through Contract participation must be marked as “Contractor generated documents” or otherwise identified in a manner that discloses the Contractor’s participation.

The Vendor and their sub-contractors shall understand they are working at a Government, military installation and shall comply with all posted rules and laws and/or as directed by Government personnel.

While on-site, all contracted personnel shall conduct themselves in a professional manner at all times and not create a situation that interferes with Museum operations or with the general public’s visitor experience. Unacceptable or unsafe behavior will be documented by the TPOC and delivered to the Vendor via email. It shall be the responsibility of the Vendor to correct the behavior or remove the offending personnel per direction of the TPOC.

1. Deadlines: It shall be the Vendor’s responsibility to meet all schedule milestones and deadlines agreed upon in the contract. It is the responsibility of the Vendor to complete all work, to include any punch list items, in time for the agreed upon deadline. Payment will not be granted for incomplete work.

1. Accident Reporting: A reportable accident is defined as death, occupational disease, traumatic injury to employees or the public, property damage by accident in excess of $100, and fires. The Vendor shall notify the TPOC immediately in the event of a reportable accident. All other accidents shall be reported within eight (8) hours of incident. The Vendor shall follow up, in writing, with an accident report that includes: Time, date, location of occurrence, names of involved parties and witnesses, description of events and injuries, and a plan of correction to the TPOC. The Vendor will provide their on-site staff with adequate training to ensure prompt and efficient first aid.

1. Hazardous Materials: The Vendor shall ensure that all hazardous materials are stored in approved containers and are handled in a safe manner in accordance with OSHA guidelines. Hazardous materials are defined as explosive, flammable, poisonous, corrosive, oxidizing, irritating, or otherwise harmful substances that could cause death or injury.

1. Onsite Work: The Vendor shall have the appropriate licenses and shall acquire the appropriate approvals required to work in Prince William County, VA. The Vendor shall comply with federal, state, and local regulations, and shall understand that the Museum is subject to concurrent jurisdiction, including Marine Corps Base Quantico, Prince William County, and the Commonwealth of Virginia.

1. Delivery Dates: The Vendor is responsible for designating or arranging mutually agreeable delivery dates of Government property and for receiving, unloading, and handling Government property at the site.

1. Contract Performance: The Vendor shall fulfill this contract in such a manner that all key personnel will be able to successfully manage all requirements of this PWS.

· Vendor key personnel include:

· Project Manager: The Vendor shall provide a Project Manager to be present at all times when contractor personnel are working on government premises. The Project Manager will be the Government’s single point of contact on the job site for all issues.

1. Fire-Retardant Materials: The Vendor shall supply inherently fire-retardant materials for all specimens, including artificial foliage, fabrics, draperies, and plywood. Certification of all materials to be provided to TPOC before final invoice.

1. Security Requirements: During on-site installations, the Vendor is responsible for:

· Security of equipment and materials left on the Museum campus, including but not limited to the lay down area.

· Security breaches perpetrated by all Vendor employees and all sub-contractors.

· Security and safety during truck delivery, offload, staging, and other potentially dangerous work performed on the Museum campus.

1. Material Submittals: The Vendor shall follow the following Submittal Process:

· Materials, supplies, and equipment procured by the Vendor shall meet the specifications, standards, and manuals listed in the drawings and approved by the TPOC prior to installation.

· Submittals are required for approval by the TPOC.

· The TPOC may at any time require test data showing that any materials or supplies procured by the Vendor meet the industrial specifications standards, equal to or better than the manufacturer’s original, and will be compatible with existing systems.

· Replacement parts shall be new. If new parts are not available, the Vendor may request approval, in writing, from the TPOC to use rebuilt parts. The use of rebuilt parts prior to written approval of the TPOC is at the Vendor’s sole risk. All parts, whether new or rebuilt, shall carry the full warranty required by this contract.

· The Government acceptance, review, or submittal approval of any portion of the proposal or final design shall not relieve the Vendor from fulfilling their responsibility of any errors or omissions with respect thereto.

1. Government Property: The Vendor is responsible for protecting Government Property from damage, including damage from exposure to the elements, and to repair or replace items damaged as a result of mishandling by the Vendor’s handling or operations. The Vendor shall not accept any Government Property without receiving a Transmittal from the TPOC. The transmittal will be signed by the Vendor and the TPOC showing receivership of the materials. Condition of the Government Property will be noted on the transmittal at time of signature.

· The details of anything that the Vendor may design or develop under the Vendor shall become and remain the property of the Government and shall not be published or disclosed in any manner without the express written consent of the Government.

1. Administrative Submittals: The Vendor shall submit the following within 14 days of contract award:

(a) Permits, if required

(b) Insurance Certificates, if required

(c) Preliminary schedule for the work

Submittals shall be reviewed by the TPOC within thirty (30) business days of receipt. Any submittals not meeting the requirements of the contract shall be rejected. The Vendor has ten (10) business days within which to correct and resubmit to the TPOC for approval. Although the Government understands there are instances requiring a fast approval of a submittal, the TPOC will not waive their right to the stated review period due to improper planning on the part of the Vendor. The Government shall not be liable for project delays in situations where the Vendor failed to allow for the full approval period. Any expenses associated by delays due to this situation shall be the responsibility of the Vendor.

1. Project Schedule: The Vendor shall act as project scheduler and provide a critical path document in both electronic and paper format to the TPOC within thirty (30) business days of award. The document shall be created in PC-compatible Microsoft Project or similar software and published in PDF format. The document shall include milestones, all critical path elements, start and end dates for all activities critical to the installation and integration of all exhibit elements. The Project Schedule shall incorporate all scheduling and milestone information from all other contractors that impact and or interface with the Vendor.

1. Coordination: The Vendor shall coordinate exhibit fabrication and installation activities to assure efficient and orderly installation of each part of the work. Coordination must assure safe and timely fabrication, transportation, and installation of all exhibits and associated elements listed in the Solicitation. Coordination shall involve the coordination of all work by all Contractors and Vendor’s sub-contractors. Vendor to provide on-site project coordinator as point of contact during any site work.

Where installation of part of the work is dependent on installation of other components, either before or after its own installation, exhibit fabrication activities shall be scheduled in the sequence required to obtain the best and most efficient results.

The Vendor shall hold production meetings with the TPOC and any other parties needed, to report on progress, resolve issues and coordinate efforts of all Contractors. The meeting location and frequency shall be mutually agreed upon by the TPOC and the Vendor.

1. Review of Fabrication and Installation Schedule: During production meetings, the Vendor will:

· Report where each activity is in relation to the schedule, whether on time, ahead of, or behind schedule.

· Determine how delays shall be mitigated; secure written commitments from parties involved to do so.

· Discuss whether schedule revisions are required to ensure that current and subsequent activities shall be completed within the contracted schedule.

· Review the present and future needs of each entity present, including the following, if applicable:

1. The Vendor shall notify the TPOC via E-mail upon completion of any and all completed exhibit elements ready for review. The TPOC will respond, in writing, with an approval or a list of deficiencies to be corrected after review.

1. The Vendor shall correct all deficiencies in accordance with the TPOC’s direction. All corrective work shall be complete within seven (7) working days unless otherwise agreed to by the TPOC in writing.

1. Field Measurement: The Vendor shall be responsible for field measurement and verification of locations of all facility elements. This data is to be used to verify proper fitting of all exhibit elements.

Any discrepancies that affect the exhibit design with recommended corrective fixes are to be submitted to the TPOC, in writing, for resolution. Locations and elevations shown on the drawings are subject to final field adjustment by the TPOC before fabrication and installation. The Vendor shall immediately notify the TPOC, in writing, of apparent errors discovered on the drawings or in the initial stakeout indicating any discrepancies in field dimensions on a plan or elevation drawing. All work improperly located due to Vendor’s errors or omissions shall be corrected at no additional cost to the Government.

1. Miscellaneous Vendor Responsibilities:

· The Vendor and its employees shall conduct only business covered by the contract during periods paid for by the Government, and will not conduct any other business on Government premises.

· Vendor personnel shall abide by all rules and regulations applicable to the Government premises, on which they work, including any applicable safety and security regulations as well as any measures necessary to verify Vendor labor hours.

· Vendor employees assigned to the contract shall not solicit business while performing within the scope of the contract.

· Personnel assigned by the Vendor to perform services under this contract shall be acceptable to the Government in terms of personal and professional conduct. Should the continued assignment of any person in the Vendor’s organization be deemed by the TPOC to conflict with the interest of the Government, that person shall be immediately removed from the assignment, and the reason for removal shall be fully explained, in writing, by the TPOC.

· Employment and staffing difficulties shall not be justification for failure to meet established schedules, and if such staffing difficulties impair performance, the Vendor may be subject to default. If a dispute arises the Contracting Officer shall have the final decision.

· The details of anything that may be revealed to the Vendor by the Government in the course of performing under the contract shall not be published or disclosed in any manner without the express written consent of the Government.

1. Government Responsibilities:

2. Document and Sample Review: The TPOC shall return one (1) copy of all deliverables submitted, within ten (10) business days of receipt, marked with one of the following actions:

1. Approved – Vendor is clear to proceed.

1. Revise and Resubmit – Vendor is required to revise the material noted by the TPOC and resubmit for approval and/or discussion.

Under no circumstances shall the Vendor proceed with an unapproved sample.

The TPOC will always strive to provide a quick response for all drawing reviews, but reserves the right to utilize the full ten (10) days. The Vendor should allow for the full window of TPOC review time in their scheduling. Under no circumstances will the TPOC expedite a review due to a lack of Vendor planning and the government will not incur costs due to insufficient review time.

2. Meeting Minutes: During all meetings with the TPOC, the Vendor shall take meeting minutes. At a minimum, the minutes shall include:

· Date of meeting

· Meeting attendance

· Old business

· New business

· Open and closed items

· For all open items, the party responsible for its resolution shall be noted.

· Open items shall remain on the minutes until closed.

· Closed items shall be removed from the next minutes after they become closed.

Minutes will be given a unique number for tracking. Minutes will be submitted to TPOC in no more than (5) business days for review. TPOC will request changes, if needed, in no more than (10) business days after which the Vendor will resubmit to TPOC. This cycle continues until agreement has been reached by both parties and the final document is signed by the TPOC.

2. The TPOC shall review and approve work prior to fabrication and final finish after installation.

2. The TPOC shall have ten (10) working days to respond to Vendor requests for information, proposals, queries, or review of invoice.

2. The TPOC shall provide feedback to each critical path document within ten (10) workdays of receipt.

2. The TPOC shall de-conflict schedules and facilitate conflict resolution between contractors. The TPOC shall involve the Contracting Officer, as required.

2. The TPOC shall provide digital copies of text, imagery, graphics package, and design drawings.

2. The TPOC shall provide curatorial expertise such as instruction on handling artifacts, acceptable levels of ultraviolet exposure for artifacts, artifact mounting considerations and requirement, and other curatorial information from the Curatorial Services Branch.

2. The TPOC shall be the field art director during fabrication and installation. The Vendor and their subcontractor may provide art directors to monitor and guide their crews but the TPOC will make the final determination of esthetics. Once the TPOC has judged the work to be complete, no further changes are to be done. Any changes to the esthetics of an exhibit made by the Vendor after buy-off by the TPOC shall be corrected at no cost to the Government.

2. The TPOC shall provide a receiving/laydown area within the museum. This space is accessible from outside the building via a roll up door and is proximal to the installation location. This area is provided for staging only and is not to be used for fabrication.

1. List of Attachments:

· Attachment 1: Leatherneck Gallery Mast Display Design Drawings

1. Government Technical Point of Contact (TPOC): To be provided upon award of contract.

52.212-1 ADDENDUM

INSTRUCTIONS TO QUOTERS - Commercial Products and Commercial Services.

GENERAL INTENTION. Marine Corps Installations – National Capital Region (MCI-NCR) has a commercial requirement for fabrication and installation services for the National Museum of the Marine Corps’ (NMMC) Leatherneck Gallery Mast Display. In accordance with FAR Part 12 and FAR Part 13, the MCI-NCR Regional Contracting Office is issuing a commercial solicitation for the acquisition of such service. Required specifications are listed in the Schedule of Supplies/Services within this solicitation.

Vendor Questions: Vendor questions should be submitted via email to Molly Henderson, Contract Specialist, at molly.henderson@usmc.mil, no later than 2:00 PM Eastern Time on Thursday, August 17, 2023. Any resultant amendment from Q&A will be posted with all Q&As.

CUSTOMER: National Museum of the Marine Corps (NMMC)

PROCUREMENT APPROACH. The Contractor’s quoted item descriptions shall reflect the characteristics and level of quality that will satisfy the Government’s need as described in the Schedule of Supplies/Services. A single firm-fixed price award will be issued and it is the Government’s intent to award on an “all-or-none” basis to satisfy this requirement. The Government reserves the right to issue no award at all resulting from this solicitation.

This is a notice that this order is a total set aside for small business concerns. Only quotes submitted by small business concerns will be accepted by the Government. Any quote that is submitted by a contractor that is not a small business will not be considered for award.

PAYMENT TERMS. NET 30. Invoices must be submitted via the Wide Area Workflow (WAWF) in accordance with DFARS 252.232-7006 which is included in this solicitation.

REQUIRED DELIVERY/PERIOD OF PERFORMANCE. Performance shall begin on September 25, 2023. All work to be fully complete in accordance with the terms of the PWS, no later than April 01, 2024.

TECHNICAL COMPLIANCE. To ensure technical compliance:

1. To ensure technical compliance the quoter must clearly demonstrate that they can meet the solicitation and PWS requirements. A mere statement that the quoter will meet the Government’s requirement is NOT sufficient.

1. Quotes should clearly state whether the quoter can meet the requested delivery date/period of performance. Vendors who cannot meet the required delivery date/period of performance will not be considered technically acceptable.

1. For any quoter that IS a small business joint venture: 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:

(A) Small business;

(B) Service-disabled veteran-owned small business;

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

(D) Economically disadvantaged women-owned small business under the WOSB Program; or

(E) Historically underutilized business zone small business.

It is highly recommended to paste the provisions in a separate Word document, complete the representation, and submit along with the quote. The provisions can be found at acquisition.gov.

SUBMISSION OF QUOTES. Quotes shall be submitted no later than the time and date specified on Block 8 of page 1 of the SF1449 solicitation. Quotes shall be submitted electronically via email to Molly Henderson, Contract Specialist, at molly.henderson@usmc.mil. Vendors are responsible for ensuring their quotes have been received by the date and time specified in Block 8 on Page 1 of this solicitation. Delivery delays that cause a quote to be late are not the responsibility of the Government agency.

52.212-2 ADDENDUM

EVALUATION – Commercial Products and Commercial Services.

EVALUATION.

The provision at 52.212-2, Evaluation - Commercial Products and Commercial Services, applies to this acquisition as follows:

(a) The Government will award a contract resulting from this solicitation to the responsible quoter/offeror (Contractor) whose quote/offer conforming to the solicitation will be most advantageous to the Government.

(a)(1) The basis for award is PRICE AND OTHER FACTORS per FAR 13.106-1(a)(2).

(a)(2) Evaluation procedures per FAR 13.106-2(b)

All quotations or offers will be ranked in order of lowest price to highest price. The following factors shall be used to evaluate Quotes:

1. Conforming to all matters with respect to the solicitation: Quotes/Quoters must clearly demonstrate the quoted items meet or exceed the salient characteristics or extended description of supplies/services; must address each general and performance requirement with respect to the Performance Work Statement (PWS); must specify delivery date/period of performance; and must meet all the terms and conditions of the solicitation.

1. Past Performance: The apparent successful, prospective contractor shall have satisfactory past performance. Past Performance shall be evaluated in accordance with FAR 13.106-2(b)(3)(ii) and DFARS Subpart 204.76.

1. Price: In accordance with FAR 13.106-3(a), before making the award, the Contracting Officer will determine that the apparent successful, prospective contractor proposed price is fair and reasonable.

Completeness and Accuracy. The Government will review the quotes for completeness and accuracy. A determination will be made as to whether the Quoter properly completed the pricing tables. The Quoter’s quote will be checked for mathematical correctness to include the following:

1) Checking arithmetic in all computations; and

2) Ensuring all prices are summarized correctly; and

3) All prices quoted are no more than two decimal spaces.

The Government intends to evaluate quotes and award a contract without discussions with vendors. Vendors should not expect requests for clarification or additional information from the Government. Award will be based on the initial evaluation of quotes received in response to the solicitation. Therefore, quoters are cautioned that their initial quotes should contain their best terms from a technical and price standpoint. However, the Government reserves the right to conduct discussions with vendors if later determined by the Contracting Officer to be necessary. The Government may reject any or all quotes if such action is in the public interest; and may waive informalities and minor irregularities in quotes received.

Mast Display Fabrication & Installation

FFP

Fabrication and installation services for the NMMC's Leatherneck Gallery Mast Display. See the attached Performance Work Statement (PWS) and Attachment 1: Leatherneck Gallery Mast Display Drawings. Period of performance: Sept. 25, 2023 - April 01, 2024; all work to be fully complete in accordance with the PWS by April 01, 2024.

FOB: Destination

PURCHASE REQUEST NUMBER: M304003367960

PSC CD: Y1PB

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

01-APR-2024

NMMC 1775 SEMPER FIDELIS WAY

TRIANGLE VA 22172

CHUCK GIRBOVAN

703-784-4520 FOB: Destination M30400

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

(a) Definitions. As used in this provision-

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

(b) Prohibition.

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

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

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

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

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

(d) Representations. The Offeror represents that--

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

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

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION 2023-O0002) (DEC 2022) ALTERNATE I (OCT 2014) 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;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology -

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

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

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

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

Service-disabled veteran-owned small business concern -

(1) Means a small business concern -

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

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

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

Small business concern –

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

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

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications - Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate,…