Combo Dorm Paint-Flooring BPA - 25 Nov 2024.pdf

25 NOV 2024

MEMORANDUM FOR ALL PROSPECTIVE CONTRACTORS

FROM: 1st Special Operations Contracting Squadron/PKC 350 Tully St Hurlburt Field, FL 32544

SUBJECT: Request for Quotation, FA441725Q0009, Hurlburt Field, Flooring Installation/Painting Blanket Purchase Agreement

1. The 1st Special Operations Contracting Squadron intends to establish (up to) two (2) Blanket Purchase Agreements (BPAs) which to place orders for Painting and Flooring services as included in the Statement of Work. A BPA is not a contract, but an agreement that establishes the price and terms and conditions of future orders/calls. The BPA will have an individual call limit of $25,000.00 unless made by a Contracting Officer, and a maximum ceiling of $4,000,000.00 for the life of the agreement. This agreement does not obligate the Government, only calls made from authorized callers will obligate the Government.

2. General Information

Notice Type: Combined Synopsis/Solicitation Solicitation Number: FA441725Q0009 Title: Hurlburt Field Flooring Installation/Painting BPA Posted Date: 30 Oct 2024 Solicitation Response Date: 12 Dec 2024 Set Aside: Total Small Business Set-Aside Type of Contract: Blanket Purchase Agreement (BPA) NAICS Code: 238330 w/ size standard $19M

Points of Contact:

Kristin Robbins Kristin.robbins@us.af.mil 850-884-6612

Richard Beaty richard.beaty.3@us.af.mil 850-884-2036 mailto:Kristin.robbins@us.af.mil

3. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. Additionally, the Government will utilize simplified acquisition procedures in accordance with FAR Part 13.

4. This combined synopsis/solicitation is issued as a Request for Quotation (RFQ) with solicitation number FA441725Q0009. This requirement is a total small business set-aside.

5. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-06; Effective 07/30/2024, Defense Acquisition Circular, and Air Force Acquisition Circular.

6. In accordance with FAR 19.502-2, a Total Small Business Set-Aside. North American Industry Classification System (NAICS) code for this solicitation is 238330 – Flooring Contractors with a size standard of $19M.

7. The estimate projected period of performance of the agreement is 16 Dec 2024 – 16 Dec 2028.

8. Evaluation of commercial items in accordance with FAR 52.212-2 will be utilized.

The Government may award a BPA to one or multiple contractors who provide pricing for the requested services or those who provide a better value to the Government.

Vendors must be actively registered in the System for Award Management (SAM); the website is https://sam.gov/content/home. Contact SAM at US Calls: 1-866-606-8220, International Calls: 1-334- 206-7828, however, a Unique Entity ID number must be known prior to registration.

9. Description of items to be acquired: Interior Dormitory Painting and Flooring installation requirements in Dormitories and facilities throughout the base. Minor wall repairs and preparation. Flooring installation services, and flooring repair services at Hurlburt Field.

A Portion of this requirement must be met in compliance with the mandatory-use AF Carpet II Program which will require purchasing carpet products/materials from Tier I contractors in accordance with the attached AF Carpet Program Ordering Guide (Attachment 003).

10. Interchanges: Interchanges are written or oral interactions between the Contracting Officer and Vendor(s), after the receipt of quotations that are undertaken with the intent to address any aspect of the quotations. Interchanges may be conducted with all, some, or none of the vendors.

The Contracting Officer may issue Interchange Notices which are written notification to the Vendor for the purposes of making clear certain aspects of their quotations, to resolve minor or clerical mistakes, or in support of Interchanges.

11. If a BPA is awarded to your company, the agreement will be prepared in accordance with the provisions and clauses of the FAR and standard procedures therein will apply. Additionally, the attached BPA terms and conditions (attachment 002) will be incorporated into the resultant Agreement. The clause at FAR 52.212-4, Contract Terms and Conditions -- Commercial Items (Nov, 2023), applies to this acquisition. The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (May, 2024), applies to this acquisition.

12. Provisions and Clauses

This combined synopsis/solicitation and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC Number: 2024-06 / Effective Date: 07/30/2024 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P297_49561 https://sam.gov/content/home

Clauses Incorporated by Reference

52.204-13 – System for Award Management Maintenance (Oct 2018) 52.211-17 – Delivery of Excess Quantities (Sep 1989) 52.212-4 – Contract Terms and Conditions—Commercial Items (Dec 2022) 52.219-6 – Notice of Total Small Business Set-Aside. (Nov 2020) 52.223-2 – Reporting of Biobased Products Under Service and Construction Contracts (May 2024) 52.223-23 – Sustainable Products and Services (May 2024) 52.227-1 – Authorization and Consent (Jun 2020) 52.227-2 – Notice and Assistance Regarding Patent and Copyright Infringement (Jun 2020) 52.232-39 – Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 – Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.233-4 – Applicable Law For Breach Of Contract Claim (Oct 2004) 52.236-2 – Differing Side Conditions (Apr 1984) 52.236-3 – Site Investigation and Conditions Affecting the Work (Apr 1984) 52.236-5 – Material and Workmanship (Apr 1984) 52.236-9 – Protection of Existing Vegetation, Structures, Equipment, Utilities and Improvements (Apr 1984) 52.236-12 – Clean Up (Apr 1984) 52.236-15 – Schedules for Construction Contracts (Apr 1984) 52.246-12 – Inspection of Construction (Aug 1996) 52.247-34 – F.O.B. – Destination (Nov 1991) 52.222-3 – Convict Labor (Jun 2003) 52.222-6 – Construction Wage Rate Requirements (Aug 2018) 52.222-19 – Child Labor-Cooperation with Authorities and Remedies (Jan 2020) 52.222-21 – Prohibition of Segregated Facilities (Apr 2015) 52.222-26 – Equal Opportunity (Sep 2016) 52.222-50 – Combating Trafficking in Persons (Oct 2020) 52.223-18 – Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) 52.225-3 – Buy American – Free Trade Agreements-Israeli Trade Act (Jan 2021) 52.225-9 – Buy American-Construction Materials (Oct 2022) 52.232-33 – Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) 52.232-36 – Payment by Third Party (May 2014) 252.203-7000 – Requirements Relating to Compensation for Former DoD Officials (Sep 2011) 252.203-7002 – Requirement to Inform Employees of Whistleblower Rights (Sep 2013) 252.203- 7005 – Representation Relating to Compensation of Former DoD Officials (Nov 2011) 252.204- 7002 – Payment for Subline Items Not Separately Priced (Dec 1991) 252.204-7012 – Safeguarding Covered Defense Information and Cyber Incident Reporting (Dec 2019) 252.204-7020 – NIST SP 800-171 DoD Assessment Requirements (Nov 2020) 252.209-7004 – Subcontracting with Firms that are Owned or Controlled by the Government that is a State Sponsor of Terrorism (May 2019) 252.223-7006 – Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials (Sep 2014) 252.223-7008 – Prohibition of Hexavalent Chromium (Jun 2013) 252.225-7001 – Buy American And Balance Of Payments Program (Dec 2017) 252.225-7002 – Qualifying Country Sources As Subcontractors (Dec 2017) 252.225-7012 – Preference for Certain Domestic Commodities (Dec 2017) 252.225-7048 – Export-Controlled Items (June 2013) 252.232-7003 – Electronic Submission of Payment Requests and Receiving Reports (Dec 2018) 252.232-7010 – Levies on Contract Payments (Dec 2006) 252.243-7001 – Pricing of Contract Modifications (Dec 1991) 252.244-7000 – Subcontracts for Commercial Items (Jan 2021) 252.247-7023 – Transportation of Supplies by Sea (Feb 2019)

PROVISIONS INCORPORATED BY FULL TEXT

52.212-1 – Instructions to Offerors – Commercial Items (Sep 2023) Addendum to 52.212-1 – Instructions to Offerors – Commercial Items (Sep 2023)

1. Addendum to FAR 52.212-1(b), Submission of offers. Offeror shall submit an electronic copy of their dated offer via e-mail to: richard.beaty.3@us.af.mil and kristin.robbins@us.af.mil with the solicitation number in the subject block, by 12 December 2024 @ 12:30 PM CST. Submit a dated Offer Schedule marked with solicitation number FA441725Q0009. Facsimile proposals will not be accepted. In addition to the items required by 52.212- 1(b), the offeror shall complete the Vendors Information and Vendors Offer Information at the end of this Combined Synopsis/Solicitation. This information shall be submitted with the offer.

2. Addendum to FAR 52.212-1(f), Late submissions, modifications, revisions, and withdrawal of offers.

This paragraph is tailored to read as follows: Offerors are responsible for submitting electronic offers by the solicitation due date and time. Offers received after the solicitation due date and time are considered late and will be handled in accordance with FAR 52.212- 1(f).

3. Offerors shall provide a representation regarding use of telecommunications equipment or services by completing FAR Provision 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment, and submit with offer by the established due date and time.

4. Proposal Volumes – Each offeror is to provide three (3) separate, standalone volumes (Technical, Price, and Past Performance).

- Technical Volume: The offeror’s Technical Volume shall contain: (1) a completed copy of the completed Price List providing evidence that the offeror can supply any and all items therein,

(2) a narrative providing details of qualifications and how the requirements of SOW section 1.9 will be met, (3) any other suitable evidence that the offeror has an understanding of Air Force II Mandatory Carpet program and various types of flooring installation in compliance with all local and state regulatory authorities needed to perform the tasks outlined within the Statement of Work.

- Price Volume: The offers Price Volume shall consist of filling applicable sections of the Solicitation (Standard form 1449). Offerors shall complete portions of SF 1449 blocks 12, 17a, 30a, 30b and 30c. In doing so, the offeror agrees to the contract terms and conditions as written in the solicitation, with attachments. Additionally, offerors shall fill in the Unit Prices for each item on the attached Price List (Attachment 004) using a quantity of one (1) for each item. Do not adjust the quantity or unit of issue for any item on the price list.

- Past Performance Volume: The offeror’s Past Performance Volume shall consist of Present and/or Past

Performance Information (PPPI) detailing a history of recent and relevant performance on completed or current contracts including Federal, State, Local government and private customers. Provide a summary of NO MORE THAN five (5) references not to exceed more than one page per reference. To be determined recent, work must have been accomplished within six (6) years from the posting of this RFQ.

To be determined relevant, reference projects must include work elements similar to removal of existing flooring, preparation of floor surfaces, installation of flooring materials, installation of trim molding and/or transitions, gypsum wall repairs, and interior painting of wall surfaces. Past Performance Questionnaires (PPQ’s) included at Attachment 006 shall be used to verify performance ratings.

Offerors shall complete Section A of the PPQ document and mail or email to POC’s from the respective unit or organization. The POC’s will then complete the PPQ and email directly to the Government Representative listed on the document. All PPQs should be received no later than the closing date/time of this RFQ. In lieu of a PPQ, if a project reference is available in the Contractor Past Performance Reporting System (CPARS), the contractor may attach a copy of the evaluation. Page limit for each reference will not apply to CPARS reports submitted.

mailto:richard.beaty.3@us.af.mil mailto:kristin.robbins@us.af.mil

5. Cover Letter - offerors may provide a cover letter with all required information specified within the provision at FAR 52.212-1(b)(1) thru (11) as applicable. If a section does not apply to an offeror, simply state "N/A." Additionally, offerors are permitted to provide additional information on your company that you deem relevant to this acquisition. Lastly, offerors are to provide their CAGE Code and Unique Entity ID (UEI) code within the cover letter or within the Price Proposal volume.

6. Page Limitations - Offerors cover letter shall be no more than 2 pages in length. The Technical Volume has no page limitation. Past Performance Volume shall be no more than five pages, one page per reference (not including CPARS reports). Lastly, the Price Volume has no page limitation.

7. Electronic files must be in Adobe (.pdf) or Microsoft Word Version 2016 or newer. Excel files (if used) must be in Excel 2016 or newer format.

(End of Provision)

52.212-2 – Evaluation – Commercial Items (Nov 2021)

(a) Addendum to the provision at FAR 52.212-2 "Evaluation -- Commercial Items": The Government will award up to two (2) BPAs resulting from this solicitation to responsible offerors 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:

(1) Technical Acceptance

(2) Past Performance

(3) Price

(b) BASIS FOR AWARD: This is a competitive, Best Value Tradeoff source selection where Past Performance is considered significantly more important than price for proposals rated “Acceptable” under Technical “Step -1” of the evaluation procedures. By submission of an offer in accordance with the instructions provided in provision FAR 52.212-1 "Instructions to Offerors" the offeror agrees to all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors.

Failure to provide information required by 52.212-1 may result in an offer being determined technically unacceptable.

Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The evaluation process shall proceed as follows:

(1) Technical Acceptability (Step 1) - Offer must be rated as technically acceptable to be eligible for award. In order to be deemed technically acceptable, the following evaluation criteria must be met: (a) Offer all products and services on the Price List (Attachment 004). (b) Provide details on how offeror will meet minimum qualifications detailed in SOW Section 1.9. (c) Provide evidence of understanding of Air Force Mandatory Carpet II Program.

Evidence may include reference to current or previous projects (past performance) requiring the use of the AF Mandatory Carpet Program, a summary of the process the offer will use to obtain materials under the program, or other details that provide an understanding of how the program operates. An offeror must be determined Technically Acceptable to move forward to past performance evaluation (Step 2).

(2) Past Performance Evaluation (Step 2) – Offerors will be evaluated for past performance. The purpose of the past performance factor is to assess the degree of confidence the Government has in an offeror's ability to provide services that meet users' needs, based on a demonstrated record of performance. The Government will evaluate past performance to assess how well the offeror performed work relevant to the requirement described in the solicitation as an indicator of an offeror's ability to perform work under this agreement successfully. The Government will use the following procedures in evaluating past performance.

Past Performance Evaluation Process. The past performance evaluation considers an offeror's demonstrated recent, relevant, and quality of record of performance. Performance confidence is assessed at the overall Past Performance factor level after evaluating the offeror's recent and relevant past performance.

In conducting the Past Performance evaluation, the Government reserves the right to use information provided in the offeror's Past Performance Proposal volume and information obtained from other sources available to the Government, to include, but not limited to: Past Performance Questionnaire (PPQ), Contractor Performance Assessment Reporting System (CPARS), or other databases to include, but not limited to, interviews with Program Managers, Present/Past Performance Information (PPPI) POCs, Contracting Officers, an/or commercial sources.

The past performance evaluation will consider past performance information regarding predecessor companies, key personnel, or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to this acquisition.

The offeror's past performance efforts will be assessed for three categories: Recency, Relevancy, and Performance Quality. The Government will only evaluate Performance Quality on past efforts that are determined to be both recent and relevant.

Recency Assessment. An assessment of the past performance information will be made to determine if it is recent. To be recent, the efforts must be ongoing contracts or those completed within six (6) years from the date of issuance of this solicitation. Past performance information that fails condition will not be evaluated.

Relevancy Assessment. The Government will conduct an in-depth evaluation of recent performance information obtained to determine how closely the effort performed under those contracts/task orders relate to the scope, magnitude and complexity of efforts described in this solicitation. Offerors are required to demonstrate performance of efforts involving requirements that are similar or greater in scope. To be determined relevant, reference projects must include work elements similar to removal of existing flooring, preparation of floor surfaces, installation of flooring materials, installation of trim molding and/or transitions, gypsum wall repairs, and interior painting of wall surfaces. The Government will use the following DoD Source Selection Procedures, Table 4, relevancy definitions:

VERY RELEVANT: Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

RELEVANT: Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

SOMEWHAT RELEVANT: Present/past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires.

NOT RELEVANT: Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

Quality of Performance. All recent past performance that is determined to be somewhat relevant, relevant, or very relevant will be reviewed to determine the quality of the offeror's performance, general trends, and the usefulness of the performance. This information will be used by the evaluation team in determining the overall performance confidence assessment rating.

Assigning Ratings: As a result of the relevancy of the recent contracts evaluated, offerors will receive an integrated performance confidence assessment rating as defined below. This performance confidence assessment represents the Governments evaluation team’s judgment of the probability of an offeror successfully accomplishing the proposed effort based on the offeror’s demonstrated past and present performance. Although the past performance evaluation focuses on performance that is relevant to the technical capabilities, the resulting performance confidence assessment rating represents an overall evaluation of contractor performance. Offerors without a record of recent/relevant past performance or for whom information on past performance is so sparse that no meaningful confidence assessment rating can be reasonably assigned will not be evaluated favorably or unfavorably on past performance and, as a result, will receive an "Unknown Confidence" rating for the Past Performance. More recent performance will have a greater impact on the Performance Confidence Assessment than less recent or relevant effort. A strong record of relevant past performance may be considered more advantageous to the Government than an "Unknown Confidence" rating. Likewise, a more relevant past performance record may receive a higher confidence rating and be considered more favorably than a less relevant record of favorable performance.

(3) Price Evaluation (Step 3) - Last, offerors price will be evaluated for price reasonableness. An offeror's proposed Total Price will be determined by totaling the sum of all items on its proposed Price List (Attachment 004) using a quantity of one (1) for each item. Offerors whose total evaluated price is unreasonably high overall, unbalanced, or unaffordable may be considered unacceptable and may be rejected on that basis.

Award Decision: Up to two (2) awards may be made under this solicitation. The first award will be made to the offeror determined to be Technically Acceptable under Step-1, Technical Acceptability evaluation; having the highest Past Performance Confidence Rating under Step-2, Past Performance Evaluation; and having a price determined to be fair and reasonable under Step-3, Price Evaluation. If two, or more, offers are determined to be Technically Acceptable under Step-1 AND have “Substantial Confidence” or equal ratings under Step-2, Past Performance Evaluation, offers will be ranked by price, with the two (2) lowest priced offers being selected.

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 there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

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 the provision at 52.204-26, Covered.

Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(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.

Performance Confidence Assessment Rating

Adjectival Rating Description

Substantial Confidence Based on the offeror's recent/relevant performance record, the Government has a high expectation that the offeror will successfully perform the required effort.

Satisfactory Confidence Based on the offeror's recent/relevant performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort.

Neutral Confidence No recent/relevant performance record is available, or the offeror's performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.

The offeror may not be evaluated favorably or unfavorably on the factor of past performance.

Limited Confidence Based on the offeror's recent/relevant performance record, the Government has a low expectation that the offeror will successfully perform the required effort.

No Confidence Based on the offeror's recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.

(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)

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

52.212-3 – Offeror Representations and Certifications-Commercial Items (May 2024)

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

(a) Definitions. As used in this provision—

Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

Forced or indentured child labor means all work or service—

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

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

https://www.sam.gov/ https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title6-section395&num=0&edition=prelim

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"— Sensitive technology—

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

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

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

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

Service-disabled veteran-owned small business (SDVOSB) concern means a small business concern— (1)

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

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

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

https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/subpart-19.14#FAR_Subpart_19_14

(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs’ Veterans Benefits Administration, as a service-disabled veteran.

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

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

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

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

Small business concern—

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

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

Small disadvantaged business concern, consistent with 13 CFR 124.1001, means a small business concern under the size standard applicable to the acquisition, that—

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

(i) One or more socially disadvantaged (as defined 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 the threshold at 13 CFR 124.104(c)(2) 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 and controlled by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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

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

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

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

http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title38-section101&num=0&edition=prelim https://www.ecfr.gov/current/title-13/part-121

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

(b)

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs .

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

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

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

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that—

(i) It □ is, □ is not a small business concern; or

(ii) It □ is, □ is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13

CFR 125.8(a) and (b). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: .]

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

(3) SDVOSB 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 that it □ is, □ is not an SDVOSB concern.

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

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

(5) 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 CFR 124.1001.

(6) 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.

(7) WOSB joint venture eligible under the WOSB Program. The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture:

https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300 https://www.ecfr.gov/current/title-13/section-127.300 http://www.sam.gov/ https://www.acquisition.gov/far/4.1201#FAR_4_1201 https://www.acquisition.gov/far/part-19#FAR_Part_19 https://www.acquisition.gov/far/19.000#FAR_19_000 https://www.ecfr.gov/current/title-13/section-121.103#p-121.103(h) https://www.ecfr.gov/current/title-13/section-121.103#p-121.103(h) https://www.ecfr.gov/current/title-13/section-125.8#p-125.8(a) https://www.ecfr.gov/current/title-13/section-125.8#p-125.8(a) https://www.ecfr.gov/current/title-13/section-125.8#p-125.8(b) https://www.ecfr.gov/current/title-13/section-124.1001 https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(a) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(c)

(8) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: .]

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

(9)…