D1 Released.docx

M6700123Q1103

Section SF 1449 - CONTINUATION SHEET

OPTIONS SUMMARY

PURPOSE: The purpose of this action is to establish a Contract for a Catholic Priest, as required aboard Marine Corp Air Station (MCAS), Cherry Point, NC. All service shall be performed in accordance with the Performance Work Statement.

TERM OF CONTRACT: The contractor shall provide the services specified herein for a base period of twelve (12) months, with provisions for one (1) twelve (12) month option periods. The option periods may be exercised at the discretion of the Government in accordance with FAR 52.217-9 “Option to Extend the Term of the Contract” (MAR 2000).

PERIODS OF PERFORMANCE AND VALUE: The periods of performance and dollar values for each are as follows:

Base Period

CLIN 0001 $ ________________

1 September 2023 – 31 August 2024

First Option Year

CLIN 1001 $ ________________

1 September 2024 – 31 August 2025

Second Option Year

CLIN 1001 $ ________________

1 September 2025 – 31 August 2026

* TOTAL ESTIMATED VALUE *$ ________________

* To be provided at time of Award.

Catholic Priest

FFP

Catholic Priest services to be performed in accordance with the Performance Work Statement.

Services are to be invoiced and paid on a monthly basis for actual services rendered. If no services are provided, then no payments will be made.

FOB: Destination

PURCHASE REQUEST NUMBER: M301463297443

PSC CD: G002

NET AMT

FFP

Catholic Priest services to be performed in accordance with the Performance Work Statement.

Services are to be invoiced and paid on a monthly basis for actual services rendered. If no services are provided, then no payments will be made.

FOB: Destination

NET AMT

FFP

Catholic Priest services to be performed in accordance with the Performance Work Statement.

Services are to be invoiced and paid on a monthly basis for actual services rendered. If no services are provided, then no payments will be made.

NET AMT

PERFORMANCE WORK STATEMENT

GENERAL INTENTION:

Provide Roman Catholic services at Marine Corps Air Station Cherry Point, NC 28533. This is a non-personal service contract to provide Roman Catholic (RC) religious ministries for members of the military, their dependents, and other authorized persons.

1.0 SCOPE: Services to be performed will include Masses, Sacraments, office administration, counseling, and ministry/volunteer training. The Contractor is responsible for conducting business, between the hours of 0800 -1200 and 1300 – 1600, Monday thru Friday, except when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. Contractor shall keep in mind that the stability and continuity of services are essential. Additionally, the Contractor shall complete all tasks (section 4.0) whether during, before, or after normal hours of operation at no additional cost to the Government.

Services to be provided include, but are not limited to:

1. Celebration of Mass every Sunday, on Tuesdays, Wednesdays, and Thursdays; the first Friday of every month and on Holy Days of Obligation.

1. Conduct confesstion for an hour prior to Sunday Mass and a half hour after Sunday Mass.

1. Administer the Sacraments of Penance and Anointing of the Sick as required.

1. Conduct Funerals and Memorial Services for the Catholic Faith Group.

1. Conduct Pre-Baptism Classes and Baptisms.

1. Conduct Pre-Marriage Classes and Weddings.

1. Assist in the preparation of annulment process.

1. Oversee the Director of Religious Education and oversee the Rite of Christian Initiation Program (RCIA).

1. Attend and oversee the Parish Council Advisory Meetings.

1. Offer spiritual, marital, crisis management counseling, and suicide prevention intervention.

1. Maintain office hours during the week to meet with and counsel parishioners.

1. Coordination and direction of Catholic Ministry.

1. The Contractor shall prepare sacramental records.

1. The Contractor shall compose and publish the “Prayers of the Faithful” for Sunday and Holy Day Liturgies in accordance with Liturgical guidelines and Command Religious Program needs.

1. The Contractor shall maintain liaison with the Archdiocese for the Military Services, USA.

1. The Contractor shall provide emergency counseling and spiritual support, as required, within two (2) hours of notification, for the following, but not limited to: last rites, birth or stillborn child, etc.

1. The Contractor shall coordinate and provide spiritual educational classes for the Catholic Religious Education Program.

1. The Contractor shall inform the Command Chaplain of any problems and concerns in regard to morale and Catholic services and programs.

1. The Contractor shall meet with the Command Chaplain once a month to discuss any issues pertaining to contract requirements.

1. The Contractor shall submit a Monthly Status Report (MSR) via e-mail to the Command Chaplain, which provides information on work completed, work in progress, work outstanding, in addition to reporting problems encountered and anticipated.

1. The Contractor shall prepare a “Lessons Learned” document within 5 days of any problem resolution, as requested by the Command Chaplain.

2.0 APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

2.0.1 OPNAVINST 1730.1D

2.0.2 http://pdfebooksreader.com/ebook-opnavinst-pdf-1.html

4.0 SPECIFIC TASKS:

The Contractor shall:

1. Supervise and facilitate a program of Religious Education (Confraternity of Christian Doctrine) for grades K thru 12. This includes sacramental preparation for First Penance, First Eucharist and Confirmation.

1. Administer documentation and certificates incident to receiving particular sacraments and submit all records to the Archdiocese for the Military Services, USA.

1. Provide Adult Educational opportunities in the form of Scripture Studies, Catholic Enrichment, or Rite of Christian Initiation of Adults.

1. Coordinate Liturgical Preparation with Director of Music for Sunday Liturgy and special seasonal celebrations.

1. Recruit and train liturgical ministers: lectors, Eucharistic Ministers of Communion, hospitality ministers and altar servers, etc.

1. Oversee the publishing of a weekly Sunday Bulletin that contains liturgy information for the day, ministers, and special events.

5.0 MINIMAL QUALIFICATION REQUIREMENTS:

1. Must be a US citizen.

1. Have a Masters of Divinity or Masters of Theology from an accredited school of theology. Provide a copy of Masters Degree.

1. Shall be a priest in good standing with a Diocesan Bishop or Religious Community and have written permission to take a contract position. Shall provide permission letter.

1. Shall obtain approval and Letter of Endorsement from the Archbishop of the Military Services USA. Shall provide Letter.

1. Shall demonstrate reliability, good relational skills and the ability to serve on an ecumenical ministry team.

1. Shall be able to read, write, and articulate the English language fluently and be understood not only from the pulpit but also in pastoral counseling opportunities with service members and their families.

1. Shall demonstrate keen ability to work with and develop leaders.

1. Shall be able to multi-task and keep duties and programs running smoothly.

1. Shall be flexible and adjust on short notice and demands.

1. Shall possess managerial, organizational and leadership ability commensurate with responsibilities for administration of a complete religious education and sacramental preparation program.

1. Shall have an excellent knowledge of Catholic doctrines, ideas, liturgy, sacraments, church history, customs, practices, and organization of the Roman Catholic Church.

1. Must possess a working knowledge of Microsoft Word, Excel, Power Point, and Outlook or equivalent software and desktop computer hardware.

6.0 ACTIVITY POINT OF CONTACT:

The Command Chaplain will be the Point of Contact for this contract:

Chaplain Wesley Myhand Marine Corps Air Station PSC Box 8033 E Street Bldg 100 Cherry Point, NC 28533 Email: wesley.myhand@usmc.mil Phone: 252-466-5894

7.0 PLACE OF PERFORMANCE:

The contractor shall perform these services at Marine Corps Air Station Cherry Point, NC 28533. The Government will furnish all necessary facilities, equipment and materials appropriate to the religious education program. The Government will not provide lodging, food or relocation expenses.

8.0 PAYMENT:

Contractor shall submit monthly invoices, in arrears, through Wide Area Work Flow (WAWF), as indicated in clause 252.232-7006, to the requesting activity after completion of monthly services. The contractor shall include a note on each invoice the total amount being invoiced, and period of performance covered.

Example the invoice for June shall not be submitted prior to 1 July.

9.0 ACCEPTANCE OF FEES:

The Contractor shall not accept any additional fees for services performed under this contract: i.e. Mass stipends, fees for performance of sacraments such as baptisms, weddings, or funerals.

10.0 ABSENCES AND HOLIDAYS:

The Contractor shall provide written notice in advance to the Command Chaplain in the event of scheduled absences. The observed Federal holiday during this contract’s period of performance are: Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day, New Year’s Day, Martin Luther King, Jr. Day, President’s Day, Memorial Day, and Independence Day. The contractor shall not be paid for observance of Federal holidays.

In all events where the Contractor is personally unavailable to provide coverage for a service required by this Performance Work Statement, the Contractor shall provide a qualified substitute who is able to fulfill that service in accordance with the requirements of the Roman Catholic Church.

The Contractor shall provide all compensation for work performed by a substitute directly to that substitute.

In the event that the Contractor is unable to provide services in accordance with this Performance Work Statement, or provide a qualified substitute to perform these services in their absence the contract will be subject to termination pursuant with the recommendation of the Command Chaplain.

1. GOVERNMENT FURNISHED ITEMS:

1. The Government will provide the necessary workspace for the contractor to provide the support outlined in the PWS to include desk space, telephones, computers, and other items necessary to maintain an office environment. The contractor shall return the facilities to the Government in the same condition as received, less fair wear and tear.

1. The Government will provide equipment and materials appropriate to the religious education program.

1. Contract employees are required to have a Common Access Card (CAC) for Government computer use, and must complete the following training courses annually: Privacy Act, Personal Identifiable Information, Information Awareness, Cyber Awareness, Anti-Terrorism, and Records Management. The courses are available through a Government approved web site at no cost to the Contractor.

1. The Contractor shall establish and implement methods of making sure all keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. No keys issued to the Contractor by the Government shall be duplicated.

1. The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use.

12.0 QUALITY ASSURANCE: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

3.0 4.0

3.0 4.0

3.0 4.0

2.0 3.0 4.0

Periodic Surveillance

13.0 Performance: The COR will conduct a performance review of the Contractor on a quarterly basis. Contractor performance will be evaluated in accordance with contract requirements and the Performance Requirements Summary (section 11.0). At these meetings the Command Chaplain will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

14.0 Archdiocese for Military Services (AMS)-Civilian Priest Contract Policy:

1. Due to the shortage of active-duty Catholic priests, the service branches engage what is sometimes called auxiliary chaplains in contract positions.

1. A contract priest is an independent contractor who has a contract with a particular military installation to provide priestly ministry for a specific dollar amount and for a specific length of time. The endorsement of the AMS is a prerequisite for a priest to bid on a contract and for the contract to be valid. The contract terms are determined by the needs of the installation and the contract is issued by the installation to the priest. The AMS is not involved with the contract terms other than to provide an endorsement. Unless required by the contract specifications, the contract priest does not have to be a U.S. citizen.

1. Before a priest is offered a contract position in one of the service branches, Federal law requires that he receive the endorsement of the Archdiocese for the Military Services, USA, the only recognized endorsing agent for the Catholic Church in the United States. The AMS endorsement process is related to the bidding process associated with a priest contract position.

1. The AMS will not grant an endorsement for any priest who has fewer than three years of pastoral experience. A priest incardinated in a diocese, or a religious community where his training and experience are mostly from outside the U.S. must be able to document three years of pastoral experience within the United States.

1. Not every priest who applies for the AMS endorsement receives it. Various factors go into the Archbishop's decision to endorse a particular priest for a specific position. The granting of the endorsement is not automatic. If there is a qualified priest currently in place, Archbishop will not entertain endorsing a new priest for the position. He will not endorse more than one individual per open contract position. The standard policy of competitive bidding does not apply to this type of Non-Personal Services contract.

1. The AMS will not grant an endorsement for a priest working through a third-party staffing agency. The contract must be held by the priest, his parish, or his diocese/religious order. See the AMS' s third-party policy here: http://files.milarch.org/clergy/policy-regarding-third-party-contractors.pdf.

1. The process for priests to register themselves as a business entity and bid for Catholic contract positions is involved. Many offers of assistance to priests come with (invisible) strings attached, e.g., a monthly fee deducted from the money to which the priest is entitled. When bidding for and signing any contract, priests must ensure that theirs is the only name and address mentioned in the contract, whether as the owner, president, secretary, or other position. If another name and/or address appears on the contract, the contract should not be signed until the information is removed.

1. Archbishop Broglio will do everything within his authority to assist in the procurement of qualified Catholic clergy to pastorally care for our military members and their dependents.

CONTRACT ADMINISTRATION

1.0 Contract Administration for the Government

1. The following representative of the Contracting Office shall be contacted for contract administration purposes:

Name: Jeffrey G. Penny Phone: (252) 466-2844 DSN: 582-2844 Email: jeffrey.penny@usmc.mil

2.0 Communications

1. Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit the contractor’s facilities or in any other manner communicate with contractor personnel during the performance of this contract shall constitute a change under the “Changes” clause of this contract.

1. The contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and is signed by the Contracting Officer or is pursuant to specific authority otherwise included as a part of this contract.

1. A Contracting Officer for the Marine Corps Air Station, Cherry Point, NC, is the only person authorized to approve changes in any of the requirements of this contract and, notwithstanding, provisions contained elsewhere in this contract, the said authority remains solely the Contracting Officer’s. In the event the contractor effects any change at the direction of any person other than a designated Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made.

1. The contact information for the Contracting Officer is:

Name: Larry Davis Address: Cherry Point Satellite Contracting Office PSC Box 8018 Bldg. 159, MCAS Cherry Point, NC 28533-0018 Phone: (252) 466-7765 DSN: 582-7765

ADDENDUM TO FAR 52.212-1

1) Submission of Quote

1. The vendor is responsible for ensuring that quotes are received in the Contracting Office no later than 04:00 P.M. (EDT) on 11 May 2023 as indicated on page one (1) of this solicitation. Failure of vendor’s quote to be received prior to the hour and date specified may result in rejection of the quote.

1. Quotes shall be submitted electronically via email jeffrey.penny@usmc.mil.

1. RFQ Number M6700123Q1103 must be clearly shown in the subject line.

2) Instruction for the Preparation of Quotes: The vendor shall submit the following as part of their quote:

1. Information that demonstrates the vendor’s ability to provide the service in accordance with the requirements of the Performance Work Statement within the required Period of Performance (POP).

1. Quote firm-fixed price for each line item shown – for completion of all supplies/services in accordance with the requirements of the Performance Work Statement.

1. Vendor must include unit price and total amount for each line item. Vendor shall quote FOB Destination pricing.

1. Completed SF1449 to include

3. Signed/completed page 1 (Blocks 17 and 30)

3. Completed Representations and Certifications: The following representations and certifications must be completed and returned as part of the vendor’s quote

FAR 52.212-3 (Note that vendor is only required to complete paragraph (b) if they have not completed annual representations and certifications via the System for Award Management (SAM) website.)

e) Past Performance

0. Vendor may submit at least (3) relevant past performance references. Relevant past performance is defined as performance of contracts similar in technical complexity to this requirement. Include the following information for each contract listed:

0. Agency or company name

0. Contract Number (if applicable)

0. Point of Contact name and phone number

0. Brief description of each contract and relevance to this requirement

0. Total contract value

0. Period of Performance

0. If the vendor has not relevant past performance history, a vendor must affirmatively state that is posses no relevant past performance history.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

31-AUG-2024

THOMAS BINGOL

BUILDING 100 HEAVENLY LANE

MARINE CORPS AIR STATION CHERRY POINT

CHERRY POINT NC 28533

(252)466-5894

M30146

31-AUG-2025

M30146

31-AUG-2026

M30146

UNAUTHORIZED WORK PERFORMANCE

The Contractor shall not perform work that deviates from the purchase order and the Performance Work Statement. If the Contractor deviates from the Purchase Order and the Performance Work Statement without approval of the CONTRACT ADMINISTRATOR / CONTRACTING OFFICER, such deviation shall be at the risk of the Contractor and any cost related thereto shall be borne by the Contractor.

BASE ACCESS

1.0 CONTRACTOR ACCESS TO MARINE CORPS INSTALLATION

1.1 Performance of this requirement requires access to Marine Corp Air Station (MCAS) Cherry Point. Contractor personnel shall follow all procedures for access to the Air Station in accordance with Air Station Order (ASO) 5560.6A, available at: http://www.cherrypoint.marines.mil/Portals/86/Docs/Cherrypointorders/5560.6A.pdf?ver=2016-03-29-110019-410

1.2 Marine Corps Installations transition to new access control system

Marine Corps Installations across the region are transitioning to a new government-owned access control system called Defense Biometric Identification System (DBIDS). This new and enhanced system will replace RAPIDGate and MCESS for contractors and other non-DoD-affiliated personnel requiring installation access. DBIDS is already installed at more than 320 sites with over 5 million registered personnel and unlike previous systems, this one is a free service.

Current RAPIDGate or MCESS credentials can easily be switched out for a DBIDS credential and new contractors can apply for a DBIDS credential using the same vetting requirements as previously required. RAPIDGate/MCESS credentials will be honored until December 31, 2018. After this date, all contractors will be required to have a DBIDS credential in order to access MCAS Cherry Point. In order to reduce wait time when exchanging your RAPIDGate/MCESS credential, it is highly recommended each applicant pre-register at https://dbids-global.dmdc.mil/enroll#!/.

Here’s what you need to know:

CURRENT DOD ID CARD HOLDERS

· If you currently hold a valid Common Access Card (CAC), dependent ID card, reserve ID card, or retiree ID card, issued by the Defense Enrollment Eligibility Reporting System (DEERS), no further action is required.

· You will be automatically enrolled in DBIDS when your ID card is initially scanned at the gate. Expect a one-time delay of 3-6 seconds as the DBIDS system initially registers your information.

CURRENT CONTRACTORS

DBIDS credentials will be issued beginning September 24, 2018

· DBIDS credentials will be valid for the duration of your contract, not to exceed five years; however, re-vetting of individuals’ information will occur each year.

· Contractors can exchange their current RAPIDGate/MCESS credential for a DBIDS credential without re-vetting, however they will be required to bring the following items:

· Current RAPIDGate/MCESS credential

· Second form of government-issued identification (driver license, passport, etc.)

· Company Contract/Letter of Authorization

· New DBIDS credentials will be valid for the remainder of the contract (not to exceed 5 years), but individuals will be re-vetted each year.

· All contractors (MCAS Cherry Point) will be able to exchange their current RAPIDGate/MCESS credential at the MCAS Cherry Point Contractor Vetting Office, Building 251 (Pass and ID).

NOTE: Flight line access will still be granted at Physical Security using the procedures already in place.

NEW CONTRACTORS

· DBIDS credentials will be issued beginning September 24, 2018

· New contractors requiring access for over 60 days will receive a credential valid for up to one year.

· New contractors requiring access for less than 60 days will receive a temporary paper pass.

REMINDER: Beginning October 1, 2018, all personnel in possession of a RAPIDGate/MCESS credential will also be required to provide a second valid U.S. government form of identification. Beginning September 24, 2018, DBIDS credentials will be issued or exchanged in place of a RAPIDGate/MCESS credential. The last day RAPIDGate/MCESS credentials will be authorized for entry onto the installation is December 31, 2018.

More information on DBIDS can be accessed by current CAC holders at https://dbids.dmdc.mil/#!/resources.

If you have questions regarding the exchange of a current RAPIDGate/MCESS credential for DBIDS or you are a new contractor seeking enrollment into DBIDS, please contact the Contractor Vetting Office at (252) 466- 4685/5921/3066/3461.

1.3 The MCAS Cherry Point main gate is located off NC State Highway 101, Havelock, NC. Visitors without proper vehicle identification are required to check-in at the visitor’s center adjacent to the main gate.

1.4 Contractors are required to wear personal protective equipment (PPE) consisting of hearing protection, eye protection, and safety shoes. PPE will not be provided by the facility. Contractor representatives without the appropriate PPE will not be allowed access to the facility.

2.0 IDENTIFICATION OF CONTRACTOR PERSONNEL

Contractor personnel shall identify themselves as contractor personnel by introducing themselves or when being introduced. Contractor personnel shall display distinguishing badges or other visible identification for meeting with Government personnel. Contractor personnel shall appropriately identify themselves as contractor employees in telephone conversations and in formal and informal written correspondence.

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)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

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

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

(c) Representations.

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

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

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

The award will be made using simplified acquisition procedure and the best value process. For this reason, the final award decision may be made to other than lowest priced or highest technically rated quote. To determine the best value, a comparative assessment of the offeror’s price and other non-price factors (i.e. technical ability, past performance, and other evaluation factors identified elsewhere in this solicitation) will be conducted.

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

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

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (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 $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

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

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

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