FA558723Q0033_AVB Amend 1.pdf

Department of the Air Force

48th Fighter Wing (USAFE)

Combined Synopsis/Solicitation

Requirement Title: Active Vehicle Barrier (AVB) Maintenance

Solicitation Number: FA558723Q0033

Solicitation Issue Date: Tuesday, 14 November 2023

Response Deadline:

Point(s) of Contact:

Friday, 01 December 2023

Marvin L. Cordova / Ph. 01638522344 / Email: marvin.cordova.2@us.af.mil

Kaitlyn N. Woodruff / Ph. 01638522091 / Email: kaitlyn.woodruff.2@us.af.mil

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in

Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a formal solicitation will not be issued.

2. This solicitation is being issued as a Request For Quotation (RFQ).

3. This solicitation document and incorporated provisions and clauses are those in effect through:

Federal Acquisition Circular FAC

2023-05 Defense Federal Acquisition Regulation Public

Notice DPN

20230929 Department Air Force Federal Acquisition

Circular DAFAC 20230707

4. Due to the overseas location of this requirement, no set-aside will be used in accordance with FAR 19.000(b).

The North American Industry Size Classification System (NAICS) code associated with this requirement is

811310.

Description:

The Contractor shall provide a comprehensive quote to include all personnel, labor, equipment, supplies, tools, materials, supervision, travel, periodic inspection, minor repair, and other items and services necessary to provide maintenance for RAF Mildenhall, RAF Lakenheath, RAF

Feltwell, RAF Alconbury and RAF Molesworth Active Vehicle Barrier (AVB) systems. The contractor shall comply with all United Kingdom (UK), United States Air Force (USAF), and local regulations in performance of this contract.

1067816672C Highlight

Combined Synopsis/Solicitation

Line Item Description

Quant. Unit of

Measure

Preventative Maintenance IAW PWS para 1.2.4

Period of Performance (PoP) of one ordering period of twelve five (5) years. Total performance is planned to run from 01 January 2024 through 31 December 2028.

Lot

Routine Call Outs IAW PWS para 1.2.3

Period of Performance (PoP) of one ordering period of

Emergency Call Outs IAW PWS para 1.2.2

Period of Performance (PoP) of one ordering period of

Additional In-Scope Work IAW PWS para 1.2.7

Training Requirement IAW PWS para 1.3

Competent Person Inspection IAW PWS para 1.2.6

Combined Synopsis/Solicitation

FAR provision 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition. As prescribed in

FAR 12.301(b)(1), the following addendum is provided for this solicitation and hereby amends any language therein:

1. Period of Acceptance of Offer. The offeror agrees to hold the prices in its quote firm for 60 calendar days from the date specified for receipt of offers. Offerors are required to meet all solicitation requirements, including:

• Terms and conditions;

• Representations and certifications;

• Technical Requirements, in addition to those identified as evaluation factors and subfactors; and

• Current UK business registrations, licenses, and/or insurance required to legally operate and employ personnel within the UK or show rationale for non-applicability.

Failure to meet a requirement may result in an offer being ineligible for award.

2. In accordance with 52.212-3, offerors must complete the annual representations and certifications electronically via the SAM website at www.sam.gov. The United States Government reserves the right to review the representations and certifications via SAM. For other provisions and clauses in the solicitation, the offeror is only required to submit the pages that require an offeror fill-in.

3. All price quotations must be submitted on Attachment 2 – AVB Price Sheet and it must be filled in entirely; all technical submissions must be submitted on a separate document.

4. Quote Submission: Quotes in in response to this solicitation must be submitted no later than 10:00

GMT on Friday, 01 December 2023. Proposals must be submitted via email to either the

Contract Administrator, Marvin L. Cordova (Ph. 01638522344 / Email: marvin.cordova.

2@us.af.mil), or the Contracting Officer, Kaitlyn N. Woodruff (Ph. 01638522091 / Email:

kaitlyn.woodruff.2@us.af.mil).

5. Late submissions may not be accepted.

http://www.sam.gov/ mailto:kaitlyn.woodruff.2@us.af.mil 1067816672C Highlight

Combined Synopsis/Solicitation

7. The technical approach should be specific and complete. Your responses will be evaluated against the factors defined in 52.212-2 Evaluation-Commercial Items below. Provide as specifically as possible the actual methodology you would use for accomplishing/satisfying the factors. Address your technical approach for meeting/exceeding the Government’s minimum performance requirements for each factor. All requirements specified in the solicitation are mandatory. By your submission, you are representing your company will perform all the requirements specified in the solicitation. Offerors shall not simply restate the PWS; they shall include their technical capabilities in fulfilling requirements. The following factors shall be used to evaluate quotes:

a. Technical Capability

i. Past Experience

ii. Mission Essential Plan

iii. Quality Control Plan

iv. Qualifications

b. Price

8. The offeror shall submit pricing information to support the completeness and reasonableness of their proposed prices for all CLINs. The pricing information submitted should fully support the PWS requirements for each major functional element specified in the PWS. Offerors shall complete the Price Sheet attached to this RFQ (Attachment 2 - AVB

Price Sheet); this must be filled in entirely. Insert proposed unit and extended prices on the Price Sheet for each

Contract Line Item Number (CLIN). Ensure that unit prices are no more than two (2) decimal places. The extended amount must equal the unit price when multiplied by the Quantity. As part of the price evaluation, the

Government will evaluate the Option to Extend Services under FAR clause 52.217-8.

INFORMATIONAL PRICING NOTE:

TUPE - (Transfer of Undertakings (Protection of Employment) Regulations 2006 Definition. The United

Kingdom's Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) is the main piece of legislation governing the transfer of an undertaking, or part of one, to another. The regulations are designed to protect the rights of employees in a transfer situation.

During the solicitation phase and award of the resultant contract the Government does not have access to specific

TUPE information nor becomes involved with related TUPE processes and associated liabilities (to include indemnification) that may transpire during pre-award or post-award phases between transferor and transferee.

While the Government understands the relevance of TUPE- information in proposing fixed prices, the responsibility to provide TUPE-information rests solely with the transferor; governed by Regulation 11 of the

Transfer of Undertakings (Protection of Employees) Regulations 2006 (TUPE). As the transferor need only provide TUPE information to the transferee prior to the transfer, the Government will only make available the listing of the current, incumbent contractor(s) with associated points of contact if requested. The Government is not responsible for determination of TUPE applicability; the responsibility lies solely with the transferor.

As this is a firm-fixed price contract it is incumbent upon the offeror to calculate any anticipated

TUPE pricing at time of quote submittal. TUPE costs cannot be submitted as a conditional proposal, if submitted as such the offeror's quote will be considered unacceptable and the offeror may be excluded from competition.

Notice to Offeror(s)/Supplier(s): Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or

Combined Synopsis/Solicitation after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs.

The Government's terms, conditions, and respective clauses contained within this solicitation are prescribed in accordance with United States Federal Acquisition Regulations (FAR), and are not subject to conditionally proposed revisions or changes requested by offerors. Offerors' specific terms and conditions that may be contingently proposed for subsequent inclusion into the contract, if awarded, will not be considered by the Government in its evaluation of Offers. Offerors that are not able to comply with the aforementioned conditions, will be determined as noncompliant with the solicitation requirements, and therefore may be removed from consideration for award.

52.212-2 – Evaluation – Commercial Items

The Government intends to award an Indefinite Delivery Idefinite Quantity (IDIQ) with Firm Fixed Price (FFP)

CLINs on a Lowest Price Technically Acceptable (LPTA) basis. Therefore, the offeror's quote should contain the offeror's best terms from a price and technical standpoint.

The Government will order the quotes from lowest Total Evaluated Price (TEP) to highest TEP. Next, the

Government will evaluate the technical volume of the Offeror with the lowest TEP in order to determine whether the offeror is technically acceptable. The Government will assign (4) subfactors an acceptability rating. If the offeror with the lowest TEP is determined to technically acceptable, the Government will evaluate the offeror’s price for reasonableness and balance. If offeror with the lowest TEP is technically acceptable, and the TEP is reasonable and balanced, this offeror’s quote represents the best value to the Government, and award will be made to this offeror. If any subfactor is determined to be “Unacceptable,” the entire quote will be considered unacceptable and, therefore not awardable. If the lowest quote is not technically acceptable, the Offeror with the next lowest TEP will be evaluated using the same methodology described above. The evaluation process will continue until reaching a technically acceptable quote with a TEP that is reasonable and balanced, or until all quotes are evaluated.The following factors shall be used to evaluate quotes for technical acceptability:

1. Technical Capability: The Government will evaluate technical capability using the three (3) subfactors identified below, failure to meet the minimum requirements outlined in any of the sub-factors may results in the offeror being removed from the award comsideraions.

Subfactor 1 – Past Experience: Provide at least one but no more than five contracts or task orders for the same/similar magnitude and scope of service described in the PWS, to include any OCONUS performance. Contract performance must be within three years from the date of the issuance of this solicitation.

o Evidence of prior performace shall include customer name, description of service provided, contract number, contract value, period of performance, and contracting office contact information.

Subfactor 2 – Continuation of Essential Contractor Supplies: This requirement is met with the offeror provides a Mission Essential Plan that clearly describes in detail the methods, processes, and procedures for ensuring performance meets the standards of the performance of service during crisis or heightened security declared by the National Command Authority as required in PWS paragraph 8.2.1.

Subfactor 3 – Quality Control Plan: This requirement is met when the offeror has thoroughly and successfully demonstrated the overall control of quality addresses and meets the specified performance thresholds for each requirement stated in the PWS.

Subfactor 4 – Qualifications: This requirement is met with the offeror provides evidence of certifications; engineers trained and certified in electrical and mechanical disciplines in PWS paragraphs 3.3, 3.4, 3.6, 3.7, and 3.8..

2. Price: The Government will evaluate the Offeror’s TEP, the reasonableness of the quote, and the presence of unbalanced pricing. Offerors whose prices are determined to be unrealistic, unreasonable, or unbalanced may be ineligible for award.

a) Total Evaluated Price: The TEP will be calculated as the sum of the Offeror’s proposed prices for the period of the contract.

c) Reasonableness: The reasonableness of an Offeror’s quote price will be evaluated using one or more price analysis techniques described in FAR 15.404-1(b).

d) Unbalanced pricing: The Government will analyze quote to determine whether they are unbalanced in accordance with FAR 15.404-1(g). Unbalanced pricing exists when, despite an acceptable TEP, the price of one or more contract line items is significantly over or understated as indicated by the application of price analysis techniques. A quote may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

e) In accordance with FAR 52.217-8 Option to Extend Services, the Government may require continued performance of any of the services within the limits and at the rates specified in the contract. For evaluation purposes the Government will add fifty percent (50%) of the total sum for the extended amount of the final option period to each offeror’s total price to arrive at the Total Evaluated Price (TEP). Offerors shall not submit a price for the Extension of Services clause.

3. Evaluation of Factors and Subfactors:

Factor 1 Subfactor Technical Acceptability

Technical Evaluation

Past Experience Acceptable/Unacceptable

Mission Essential Plan Acceptable/Unacceptable

Quality Control Plan Acceptable/Unacceptable

Qualifications Acceptable/Unacceptable

Factor 2 Subfactor Technical Acceptability

Price

Proposed Price $$

TEP $$

Reasonable Yes/No/Undetermined

Balanced Yes/No/Undetermined

A written notice of award or acceptance of a quote furnished to the successful offeror shall result in a binding contract without further action by either party.

FAR provision 52.212-3, Offeror Representations and Certifications -- Commercial Items with alternate I applies to this acquisition; the offeror verifies by submission of their offer that the representation 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.

FAR clause 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders

-- Commercial Items applies to this acquisition; the following checked clauses are hereby included by reference:

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C.

3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (

19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV

2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020)

(Pub. L. 109-282)

( 31 U.S.C. 6101 note).

[X] (8) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of

Pub. L. 117-328).

[X] (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility

Matters

(OCT 2022) (15 U.S.C. 657a).

[X] (30) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (31) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

[X] (36) (i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O.

13627).

[X] (37) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

[X] (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While

Driving (JUN 2020) (E.O. 13513).

[X] (52) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[X] (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) (31

U.S.C. 3332).

Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this

(c) contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller

General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement.

Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(d) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the

Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of

Pub. L. 117-328).

(vi) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vii) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(viii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

(ix) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(xi) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xiii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xiv) (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance,

(i) Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(ii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for

Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(iii) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

(iv) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

(v) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(vi) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(vii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(viii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(ix) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31

U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(x) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46

U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

The provisions and clauses listed below have been determined by the contracting officer to be necessary for this acquisition and consistent with customary commercial practices. The following provisions and clauses are hereby included by reference:

52.204-7, System for Award Management

52.204-16, Commercial and Government Entity Code Reporting

52.204-18, Commercial and Government Entity Code Maintenance

252.201-7000, Contracting Officer's Representative

252.203-7000, Requirements Relating to Compensation of Former DoD Officials

252.203-7002, Requirement to Inform Employees of Whistleblower Rights

252.203-7005, representation Relating to Compensation of Former DoD Officials

252.204-7003, Control of Government Personnel Work Product

252.204-7006, Billing Instructions

252.204-7008, Compliance with Safeguarding Covered Defense Information Controls

252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting

252.209-7004, Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a

State Sponsor of Terrorism

252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support

252.222-7002, Compliance with Labor Laws (Overseas)

252.225-7033, Waiver of United Kingdom Levies

252.225-7041, Correspondence in English

252.225-7042, Authorization to Perform

252.225-7043, Antiterrorism/Force Protection for Defense

252.229-7000, Invoices Exclusive of Taxes or Duties

252.229-7006, Value Added Tax Exclusion (United Kingdom)

252.229-7007, Verification of United States Receipt of Goods

252.229-7008, Relief from Import Duty (United Kingdom)

252.232-7003, Electronic Submission of Payment Requests and Receiving Reports

252.232-7007, Limitation of Government's Obligation

252.232-7008, Assignment of Claims (Overseas)

252.232-7010, Levies on Contract Payments

252.233-7001, Choice of Law (Overseas)

252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel

252.243-7001, Pricing of Contract Modifications

252.243-7002, Requests for Equitable Adjustment

252.244-7000, Subcontracts for Commercial Items

The provisions and clauses listed below have been determined by the contracting officer to be necessary for this acquisition and consistent with customary commercial practices. The following provisions and clauses are hereby included by full text:

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

Equipment. Nov 2021

As prescribed in 4.2105(a), insert the following provision:

REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or

Services- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and

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

(a)Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment.

(b)Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal

Year 2019 (Pub. L.115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending orrenewing 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 athird-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 dataor 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 athird-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 dataor 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-

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

(1) 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 therepresentation 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, CAGEcode, 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 suchuse 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 theitem 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 theproposed 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 inparagraph (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, CAGEcode, 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 suchuse 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 theitem being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

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

(End of provision)

52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services.

Dec 2022

As prescribed in 12.301(b)(2), insert the following provision:

OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEC 2022)

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 http://www.sam.gov/ automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service-

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

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

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

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

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

395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except-

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for

Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110- 174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-

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

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the

Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

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

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

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

(6) Have been voluntarily suspended."Sensitive technology"-

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-

(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 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 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.

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-http://www.sam.gov/

(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) Service-disabled veteran-owned small business concern. [ Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that-

(i) It [ ] is, [ ] is not a service-disabled veteran-owned small business concern; or

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2).

[The offeror shall enter the name and unique entity identifier of each party to the joint venture: .] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.

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

(4) 13 CFR 124.1002.

(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 joint venture eligible under the WOSB Program. The offeror represents that it [ ] is, [ ] is not a joint venture that complies

(7) with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture:

(8) 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: .]

(9) 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.

(10) 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:

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

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and

(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.

(d) Representations required to implement provisions of Executive Order11246- (1) Previous contracts and compliance. The offeror represents that-

(i) It [ ] has, [ ] has not…