(f) RFQ NMFS AKR-23-0719.pdf

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

OMB Approval No. 9000-0009

This RFQ [XXX] is [ ] is not a Small Business Set-Aside Page 1 of 32 pages

1. REQUEST NO.

NMFS AKR-23-0719

2. DATE ISSUED

July 19, 2023

3. REQUISITION/PURCHASE REQUEST NO.

N/A

4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

N/A

5a. ISSUED BY: U.S. DEPT. OF COMMERCE, NOAA, NMFS ALASKA REGION (AKR)

P.O. BOX 21668, JUNEAU, AK 99802

6. DELIVER BY (Date)

See Statement of Objectives 5b. FOR INFORMATION CALL (NO COLLECT CALLS)

7. DELIVERY

NAME TELEPHONE NUMBER [ X ] FOB DESTINATION [ ] OTHER (see schedule)

GILBERT MENDOZA

FAX (907) 586-7255

AREA CODE

NUMBER

586-7579

9. DESTINATION

a. NAME OF CONSIGNEE

NOAA NMFS ALASKA REGION8. TO:

a. NAME b. COMPANY b. STREET ADDRESS PO Box 21668

c. STREET ADDRESS c. CITY Juneau

d. CITY e. STATE f. ZIP CODE d. STATE

AK

e. ZIP CODE 99802

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON OR

BEFORE CLOSE OF BUSINESS (Date) Monday – July 31, 2023 by 1:00 PM AK Time

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local Taxes)

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

0001 Contractor to provide NOAA National Marine Fisheries Services, Alaska Region (AKR) one job of Professional Services of Network cabling to support wireless infrastructure for AKR Conference Rooms in the Juneau, Alaska Federal Building in accordance with the Statement of Objectives (SOO).

Government will make award of a firm fixed price purchase order to the contractor based on best value to the Government per the evaluation factors of the Statement of Objectives.

1 Job $_________

Total

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS % b. 20 CALENDAR

DAYS %

c. 30 CALENDAR DAYS % d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations [ ] are [ ] are not attached.

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO SIGN

QUOTATION

15. DATE OF QUOTATION

a. NAME OF QUOTER

16. SIGNER

b. STREET ADDRESS a. NAME (type or print) b. TELEPHONE

c. COUNTY AREA CODE

c. TITLE (type or print)

d. CITY e. STATE f. ZIP CODE NUMBER

Authorized for Local Reproduction STANDARD FORM 18 (Rev. 6-95) Previous Edition Not Usable Prescribed by GSA FAR (48 CFR) 53.215-1(a)

Request Number: NMFS AKR-23-0719 Date Issued: July 19, 2023

(TYPE OR PRINT)

COMPANY NAME__________________________________________________________________

ADDRESS_________________________________________________________________________

CITY__________________________________________ STATE_____________________________

COMPANY UNIQUE ENTITY ID: ____________________________ SMALL BUSINESS? ______

QUOTED BY: _________________________________ E-mail:_______________________________

PHONE No:________________________________ FAX No:_________________________________

DATE __________________

RFQ PROCUREMENT ACTION NAICS CODE: 238210 – Electrical Contractors and Other Wiring Installation Contractors - SIZE STANDARD: $16.5 million

QUOTE DUE BY Monday – July 31, 2023 by 1:00 PM Alaska Time to GILBERT MENDOZA AT E-mail: Gilbert.Mendoza@noaa.gov, with the Subject Line “Contractor Name” – Response to RFQ NMFS

AKR-23-0719.

NOTE TO QUOTER:

NOAA NMFS Alaska Regional Office of Management Division (OMD), requires that all contractors doing business with OMD be registered with the System for Award Management (SAM). NO award can be made unless the vender is registered in SAM. For additional information and to register for free in SAM please access the following web site: www.Sam.Gov

STATEMENT OF OBJECTIVES

TITLE

Network cabling to support wireless infrastructure for the NMFS Alaska Region Conference Rooms

BACKGROUND

The NMFS Alaska Region (AKR) has a requirement to install network cabling (copper and fiber-optic) to support installation of wireless infrastructure in its conference rooms of the Juneau, Alaska Federal Building operated by the General Services Administration (GSA).

SCOPE

This statement of objectives (SOO) is for one job of installation of CAT6 copper network cabling from the conference rooms on the 3rd, 4th, 7th and 8th floors of the Juneau Federal Building to the wiring closets on their respective floors, installation and connection of copper patch panels in the 3rd, 4th, 7th and 8th floor wiring closets and installation, termination and connection of OM4 optical fiber runs and breakout boxes from the wiring closets on the 4th floor to the Data Center on the 4th floor.

PLACE OF PERFORMANCE

The location for this network cabling job is the Juneau Federal Building, 709 W 9th Street, Juneau, Alaska

TASKS/DELIVERABLES

1. Optical Fiber installation and termination:

1.1. All fiber shall be tested per Tier 1 level fiber testing.

1.2. All test results shall be provided to the NMFS AKR POC.

1.3. Room 470 (Data Center)

1.3.1. Provide and install a rack-mounted optical fiber breakout box in the existing rack.

1.3.2. Provide, install, terminate and test 6-strand OM4 fiber runs to each of the two 4th floor wiring closets (Rooms 446 and 408).

1.4. Room 446 (4th Floor Wiring Closet South)

1.4.1. Provide and install an optical fiber breakout box (either rack-mounted or wall-mounted) in

(if rack-mounted) or near (if wall-mounted) the existing rack.

1.4.2. Terminate and test 6-strand OM4 fiber run from Room 470 (Data Center)

1.5. Room 408 (4th Floor Wiring Closet North)

1.5.1. Provide and install an optical fiber breakout box (either rack-mounted or wall-mounted) in (if rack-mounted) or near (if wall-mounted) the existing rack.

1.5.2. Terminate and test 6-strand OM4 fiber run from Room 470 (Data Center)

2. CAT6 copper network cabling installation and termination:

2.1. Contractor shall provide all walker duct fittings and jacks.

2.2. Existing monuments shall be used in all cases, either by utilizing currently unused blanks or by re-purposing existing slots as identified by the NMFS AKR POC. No new holes are to be drilled into the walkerducts.

2.3. All CAT6 copper network cabling shall be terminated and tested per TIA586B requirements.

2.4. All test results shall be provided to the NMFS AKR POC.

2.5. Room 408 (4th Floor Wiring Closet North)

2.5.1. Provide and install a rack-mounted 48-port CAT6 patch panel in the existing rack.

2.5.2. Provide, install, terminate and test CAT6 Plenum copper network cable to Room 308 (3rd Floor Wiring Closet North).

2.5.3. Provide, install, terminate and test CAT6 Plenum copper network cable to Room 708 (7th Floor Wiring Closet North).

2.5.4. Provide, install, terminate and test CAT6 Plenum copper network cable to Room 808 (8th Floor Wiring Closet North).

2.5.5. Provide, install, terminate and test three CAT6 Plenum copper network cables to 4th Floor SFD Conference Room.

2.6. 4th Floor SFD Conference Room

2.6.1. Terminate and test three CAT6 Plenum copper network cables from Room 408 (4th Floor

Wiring Closet North).

2.6.1.1. Install, terminate and test one drop on the wall.

2.6.1.2. Install, terminate and test two drops in the floor under the conference table.

2.7. Room 308 (3rd Floor Wiring Closet North).

2.7.1. Provide and install a 48-port CAT6 patch panel (wall-mounted or rack-mounted) in (if rack-mounted) or near (if wall-mounted) the existing rack.

2.7.2. Terminate and test CAT6 Plenum copper network cable from Room 408 (4th Floor Wiring Closet North).

2.7.3. Provide, install, terminate and test three CAT6 Plenum copper network cables to Room 323A (OMD Conference Room).

2.8. Room 323A (OMD Conference Room)

2.8.1. Terminate and test three CAT6 Plenum copper network cables from Room 308 (3rd Floor

Wiring Closet North).

2.8.1.1. Install, terminate and test one drop on the wall.

2.8.1.2. Install, terminate and test two drops in the floor under the conference table.

2.9. Room 708 (7th Floor Wiring Closet North)

2.9.1. Provide and install a rack-mounted 48-port CAT6 patch panel in the existing rack.

2.9.2. Terminate and test CAT6 Plenum copper network cable from Room 408 (4th Floor Wiring

Closet North).

2.9.3. Provide, install, terminate and test three CAT6 Plenum copper network cables to Room

713 (RA Conference Room).

2.10. Room 713 (RA Conference Room)

2.10.1. Terminate and test three CAT6 Plenum copper network cables from Room 708 (7th Floor

Wiring Closet North).

2.10.1.1. Install, terminate and test one drop on the wall.

2.10.1.2. Install, terminate and test two drops in the floor under the conference table.

2.11. Room 808 (8th Floor Wiring Closet North)

2.11.1. Provide and install a rack-mounted 48-port CAT6 patch panel in the existing rack.

2.11.2. Terminate and test CAT6 Plenum copper network cable from Room 408 (4th Floor Wiring

Closet North).

2.11.3. Provide, install, terminate and test three CAT6 Plenum copper network cables to Room

801A (PRD Annex Conference Room).

2.12. Room 801A (PRD Annex Conference Room)

2.12.1. Terminate and test three CAT6 Plenum copper network cables from Room 808 (8th Floor

Wiring Closet North).

2.12.1.1. Install, terminate and test one drop on the wall.

2.12.1.2. Install, terminate and test two drops in the floor under the conference table.

2.13. Room 446 (4th Floor Wiring Closet South)

2.13.1. Provide and install a rack-mounted 48-port CAT6 patch panel in the existing rack.

2.13.2. Provide, install, terminate and test three CAT6 Plenum copper network cables to Room

420A (ISD Conference Room).

2.13.3. Provide, install, terminate and test three CAT6 Plenum copper network cables to Room

445C (RA Conference Room).

2.13.4. Provide, install, terminate and test three CAT6 Plenum copper network cables to HCD

Conference Room (HCD ARA Office).

2.14. Room 420A (ISD Conference Room)

2.14.1. Terminate and test three CAT6 Plenum copper network cables from Room 446 (4th Floor

Wiring Closet South).

2.14.1.1. Install, terminate and test one drop on the wall.

2.14.1.2. Install, terminate and test two drops in the floor under the conference table.

2.15. Room 445C (RA Conference Room)

2.15.1. Terminate and test three CAT6 Plenum copper network cables from Room 446 (4th Floor Wiring Closet South).

2.15.1.1. Install, terminate and test one drop on the wall in the media closet.

2.15.1.2. Install, terminate and test two drops in the floor under the conference table using a flush mount style junction box.

2.16. HCD Conference Room (HCD ARA Office)

2.16.1. Terminate and test three CAT6 Plenum copper network cables from Room 446 (4th Floor

Wiring Closet South).

2.16.1.1. Install, terminate and test one drop on the wall.

2.16.1.2. Install, terminate and test two drops in the floor under the conference table.

PERIOD OF PERFORMANCE

Period of performance shall be within 45 days from the date of the award.

HOURS OF OPERATION

With the exception of work required to be accomplished outside regularly scheduled hours, and only after approval by the Point of Contact (POC), all work shall be performed during normal working hours of 0730 to 1700 Local Time, Monday through Friday, excluding Federal holidays. Contractor shall schedule the work in writing at least 5 business days in advance with the NMFS AKR POC.

EVALUATION FACTORS

1. Technical Requirements. Demonstrated experience and ability of the contractor to meet all the requirements described in this SOO.

2. Experience. Demonstrated experience relating to this SOO through submission of resumes documenting experience similar to work required under this contract, as well as any other documentation necessary to demonstrate the contractor’s ability to meet the Government’s requirement.

3. Past Performance. Provide references for previous contracts or employment with requirements similar to this SOO performed in whole or part in the last three years. References can include both Government and commercial contracts and subcontracts.

Provide a minimum of three past performance references, and at least one sample of a finalized document similar in scope for assessment of quality of work.

4. Price. Technical requirements, experience, and past performance are more important than price, however, price will be considered when determining the best value to the government.

SELECTION CRITERIA

To be considered for this award, submit a complete response including a Performance Work Statement (PWS) and resume of qualifications of professional services demonstrating the contractor’s ability to successfully execute the responsibilities of this SOO. The contractor shall be selected in a process where responses and resumes are reviewed by NMFS AKR staff and at the government’s discretion, Subject Matter experts, and a determination is made as to that contractor’s ability to satisfy the needs of the requirements. Several factors will be considered, including business practices, clarity, quality, and completeness of the response.

Award shall be based on best value to the government per the evaluation criteria per a firm-fixed price purchase order.

INVOICING

In compliance with the Prompt Payment Act, the Financial Management Division will pay an invoice in accordance with the terms set forth in the contracts with vendors if it receives a "proper invoice". A "proper invoice" has:

1. Name of the vendor and an invoice date:

2. Purchase order number:

3. Description, price and quantity of property and services actually delivered or rendered

4. Payment terms

5. Other substantiating documentation , for example a waybill for shipping charges if freight is

$100 or more, or other information as required by the contract

6. Name, title, phone number, and complete mailing address of the responsible official to whom payment is to be made

Invoices are to be mailed to:

National Marine Fisheries Service Attn: OMD - Procurement P.O. Box 1668 Juneau, Alaska 99802

CONTRACTOR RESPONSIBILITY FOR PROPERTY AND DOCUMENTS

The contractor shall protect from unauthorized disclosure or use of any equipment, materials or information made available by the Government, or that the contractor may have access to by virtue of the provisions of this contract, that are not intended for public disclosure.

All data and information provided by the Government, or developed by the contractor, in performing this contract there under, remain the exclusive property of the Government. Within 10 days after completion or termination of this contract, the contractor shall turn over to the Government all materials (copies included) that were furnished to the contractor by the Government and all materials that were developed by the contractor in performing the contract.

GOVERNMENT-CONTRACTOR RELATIONSHIP(S)

The Government and the Contractor understand that the services to be provided under this contract by the Contractor are non-personal services and that no employer-employee relationship exists between the Government and the Contractor. The Point of Contact (POC) may provide technical direction, which will assist the contractor in accomplishing the PWS.

INSURANCE COVERAGE

The contractor is solely responsible for their own health, workmen’s compensation and unemployment insurance as well as applicable social security, local, state, and federal taxes.

FEDERAL, STATE, AND LOCAL TAXES

Except as may be otherwise provided in this contract price includes all applicable federal, state, and local taxes and duties in effect on the date of this contract but does not include any taxes from which the Government the Contractor or this transaction is exempt. Upon request of the contractor, the Government shall furnish a tax exemption certificate or similar evidence of exemption with respect to any such tax not included in the contract price pursuant to this clause. For the purpose of this clause, the term "date of this contract" means the date of the contractor's quotation or, if no quotation, the date of this Purchase Order.

GSA REQUIREMENTS

1. All work shall comply with the latest versions of GSA’s PBS-P100, Facility Standards for the Public

Buildings Service:

http://www.gsa.gov/portal/content/104821

2. Contractor shall be responsible for obtaining all necessary local, state, and federal permits, licenses, and clearances.

3. The Contractor shall coordinate with the NMFS AKR POC to arrange a schedule for site access during construction. Construction processes disruptive to normal facility operations shall be coordinated with the NMFS AKR POC in writing at least 5 business days in advance. The Contractor shall be authorized to use building restrooms.

4. The project site shall be kept in a neat, orderly, and safe condition at all times and all work areas shall be cleaned at the end of each work day. A final cleaning of the entire construction area shall be required at substantial completion of the project. Final Cleaning to include:

a. Removal of all tools, equipment, surplus material, and rubbish/debris;

b. Restore or refinish, to original condition, surfaces that are damaged due to the work of this contract;

c. Removal of grease, dirt, stains, foreign materials, and labels from finished surfaces

5. Ensure all waste materials and debris is disposed at an Alaska Department of Environmental

Conservation (DEC) approved disposal site, in accordance with applicable environmental regulations.

Unless otherwise specified, all material(s) removed becomes the property of the Contractor.

6. Contractor project designee must be available to provide project status updates to the NMFS AKR POC each workday.

7. Contractor parking at the Juneau Federal Building is very limited and available on first-come-first-serve basis only. Access to the loading dock requires written coordination with the NMFS AKR POC at least 5 business days in advance.

SECURITY REQUIREMENTS

4.1 The systems supported under this task are Low.

4.2 Suitability/Risk Level - The suitability or risk level for this work has been determined to be: Low. As such, the contractor shall pre-screen their employees to eliminate anyone who does not meet the following criteria: The prospective employees must be U.S. Citizens or U.S. Citizens and Foreign Nationals).

4.3 Contract employees may be barred from working on the premises of a facility for any of the following reasons:

• Conviction of a felony crime of violence or of a misdemeanor involving moral turpitude.

• Falsification of information entered on security screening forms or of other documents submitted to the Department.

• Improper conduct once performing on the contract, including criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct or other conduct prejudicial to the Government regardless of whether the conduct was directly related to the contract.

• Any behavior judged to pose a potential threat to Departmental information systems, personnel, property, or other assets.

• Failure to comply with security processing requirements may result in termination of the contract or removal of contract employees from Department of Commerce facilities or denial of access to IT systems.

4.4 Compliance with these requirements shall not be construed as providing a contract employee clearance to have access to national security information.

4.5 Physical Security. The contractor shall be responsible for safeguarding all government property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

4.6 The contractor shall include the substance of this clause, including this paragraph, in all subcontracts.

PROVISIONS

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

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020)

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

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

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

Nothing in the prohibition shall be construed to—

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-

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

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

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

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

(d) Representation. The Offeror represents that—

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

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

(e) Disclosures.

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

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

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

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

(End of provision)

52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JAN 2020)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

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

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

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the provision.

(b) The use in this solicitation of any Commerce Acquisition Regulation (CAR) (48 CFR Chapter 1352) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of provision)

52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

(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, in descending order of importance:

Price, technical capabilities and past performance

(b) Options. Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers or quotations for award purposes by adding the total price for all options to the total price for the basic requirement to determine the total evaluated price. This includes options under FAR clause

52.217-8, Option to Extend Services, which applies to this solicitation. Evaluation of options will 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.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (JUNE 2020)

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. 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.

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”—

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 veteransor, 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 means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

Small disadvantaged business concern, consistent with13 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 at13 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 CFR124.104(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 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.

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 least51 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.

(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 Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs .

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it □ is, □ is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran- owned small business concern

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women- owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-

(i) It □ is, □ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility;

and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-

(i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first- tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that–

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order11246-

(1) Previous contracts and compliance. The offeror represents that-

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

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

Affirmative Action Compliance. The offeror represents that-

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.gov/ U.S.C.

1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American-Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products,i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American-Supplies.”

(2) Foreign End Products:

[List as necessary]

Line Item No.

Country of Origin

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.

(g) (g)

(1) Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements–Israeli Trade Act.”

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End

Products) or Israeli End Products:

(iii) The offeror shall list those supplies that are foreign…