FA805224QA008_L3Harris Communication Support Services.pdf

RFQ FA805224QA008

COMBINED SYNOPSIS/SOLICITATION

L3Harris Communications Support Services

FA805224QA008

This is a combined synopsis/solicitation for commercial services prepared in accordance with (IAW) the format in FAR Subpart 12.6 and FAR Part 13, 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.

The Request for Quotation (RFQ) number FA805224QA008, L3Harris Communications Support Services shall be used to reference any written quote provided under this RFQ.

The following solicitation document, incorporated provisions, and clauses are in effect through Federal Acquisition Circular FAC 2024-06 Effective 29 August 2024.

This acquisition is being conducted under Other than Full and Open Competition and is classified under the North American Industry Classification System (NAICS) code 517810, All Other Telecommunications, with a size standard of $40.0M.

All prospective offerors must be registered in the System for Award Management (SAM) at www.sam.gov. Lack of SAM registration will make an offeror ineligible for award.

This description applies to all items listed below (Items 0001-0010)

Description of the Requirements The government requires L3Harris Communications Support (HCS) Services for the Air Force Security Forces Center's (AFSFC) Unit Type Codes (UTCs). The contractor shall provide one (1) Field Service Representative (FSR) to support L3Harris tactical communications equipment at Desert Defender Ground Combat Readiness Training Center (DDGCRTC), Fort Bliss, TX, and other locations as required. The FSR shall provide on-site technical support, maintenance, training, and operational support in accordance with the Performance Work Statement (PWS). The contractor shall ensure efficient, effective, and satisfactory operation, maintenance, and repair of L3Harris communications equipment and systems by providing all necessary management, supervision, personnel, labor, materials, equipment, and supplies.

Period of Performance (PoP):

Base Year: 30 Sep 2024 – 29 Sep 2025 Option Year 1: 30 Sep 2025 – 29 Sep 2026 Option Year 2: 30 Sep 2026 – 29 Sep 2027

Place of Delivery/Performance:

FY9919 AFSFC DET 3 LOGDET

BLDG 755 CP 915 568 8876

755 CARTER RD

FORT BLISS, TX 79916

FOB: Destination http://www.sam.gov/

Pricing Arrangement: Firm Fixed Price

Inspection and Acceptance Location:

F2MTCW HQ AFSFC CCR

AF NO MILSBILLS PROC CP 2104598648

1517 BILLY MITCHELL BLVD BLDG 954

JBSA LACKLAND, TX 78236

ITEM

NO DESCRIPTION QTY UNIT UNIT

PRICE

EXTENDED

PRICE

L3Harris Communications Support Services – Base Year Provide one (1) Field Service Representative (FSR) for L3Harris tactical communications support at DDGCRTC, Fort Bliss, TX, and other locations as required. Services include on-site technical support, maintenance, training, and operational support in accordance with PWS.

12 Months

Travel – Base Year Travel costs associated with CLIN 0001, including transportation, lodging, and per diem for CONUS and OCONUS travel as approved by the government. Reimbursement in accordance with Joint Travel Regulations (JTR) as specified in PWS.

1 Lot

Contract Data Requirements (NSP) – Base Year The contractor shall provide all data deliverables as specified in the PWS, including but not limited to training materials, technical reports, maintenance logs, meeting minutes, trip reports, quality control plan, weekly and monthly status reports, and any other documentation required to support L3Harris Communications Support Services. These deliverables shall be submitted in accordance with the due dates and descriptions outlined in the CDRL.

This CLIN is Not Separately Priced (NSP).

NSP NSP NSP NSP

L3Harris Communications Support Services – Option Year 1 Provide one (1) Field Service Representative (FSR) for L3Harris tactical communications support at DDGCRTC, Fort Bliss, TX, and other locations as required. Services include on-site technical support, maintenance, training, and operational support in accordance with PWS.

12 Months

Travel – Option Year 1 Travel costs associated with CLIN 0001, including transportation, lodging, and per diem for CONUS and OCONUS travel as approved by the

1 Lot government. Reimbursement in accordance with Joint Travel Regulations (JTR). Travel reports as specified in PWS.

Contract Data Requirements (NSP) – Option Year 1 The contractor shall provide all data deliverables as specified in the PWS, including but not limited to training materials, technical reports, maintenance logs, meeting minutes, trip reports, quality control plan, weekly and monthly status reports, and any other documentation required to support L3Harris Communications Support Services. These deliverables shall be submitted in accordance with the due dates and descriptions outlined in the CDRL.

This CLIN is Not Separately Priced (NSP).

NSP NSP NSP NSP

L3Harris Communications Support Services – Option Year 2 Provide one (1) Field Service Representative (FSR) for L3Harris tactical communications support at DDGCRTC, Fort Bliss, TX, and other locations as required. Services include on-site technical support, maintenance, training, and operational support in accordance with PWS.

12 Months

Travel – Option Year 2 Travel costs associated with CLIN 0001, including transportation, lodging, and per diem for CONUS and OCONUS travel as approved by the government. Reimbursement in accordance with Joint Travel Regulations (JTR). Travel reports as specified in PWS.

1 Lot

Contract Data Requirements (NSP) – Option Year 2 The contractor shall provide all data deliverables as specified in the PWS, including but not limited to training materials, technical reports, maintenance logs, meeting minutes, trip reports, quality control plan, weekly and monthly status reports, and any other documentation required to support L3Harris Communications Support Services. These deliverables shall be submitted in accordance with the due dates and descriptions outlined in the CDRL.

This CLIN is Not Separately Priced (NSP).

NSP NSP NSP NSP

Notice to Vendor(s): The Government reserves the right to cancel this RFQ, either before or after the closing date. In the event the Government cancels this RFQ, the Government has no obligation to reimburse a vendor for any costs.

Provisions 52.212-1, Instructions to Offerors—Commercial Products and Commercial Services (Sep 2023) and 52.212-2, Evaluation—Commercial Products and Commercial Services (Nov 2021), apply to this acquisition. As prescribed in FAR 12.301(b)(1), the following addenda is provided for this solicitation:

The following words stating “offer,” “offeror,” and “proposal” are replaced with “quotation,” “vendor,” and “quote”.

Addendum FAR 52.212-1, Instructions to Offerors– Commercial Products and Commercial Services:

To ensure timely and equitable evaluation of the quotes, vendors must follow the instructions provided in FAR 52.212-1 and contained herein and are required to meet all solicitation requirements, failure to meet a requirement may result in a quote being ineligible for award.

The government’s terms, conditions, and respective clauses contained within this solicitation are prescribed in accordance with the Federal Acquisition Regulation (FAR) and are not subject to conditionally proposed revisions or changes requested by offerors.

NOTE: All headings in bold are referencing back to the basic provision 52.212-1.

Paragraph (b); in addition to the required information provide the following with your quote:

1. Price Quotation - Subparagraph (6)

2. Fill-In Clauses/Provisions

3. Signed Amendments – Subparagraph (9)

1. Price Quotation – Subparagraph (6): Price Quotation shall be submitted by completing the above CLIN Structure and list any discount terms as applicable. The quote must be submitted for the 3-year period (12- month base and two 12-month option years).

a. Offerors shall provide a price per month for Line Item 0001 and respective option years.

b. The Travel Amount will be determined by the government.

c. The Extended Amount for each Line Item must equal the unit price multiplied by the number of units detailed in the Quantity. It is imperative the mathematical calculations are correct. Numeric rounding shall be limited to two decimal places.

d. All Extended Amounts will be added to determine the total price for each of the Terms (Basic, Option 1, and Option 2).

A Total Evaluated Price (TEP) will be calculated for evaluation purposes only and used to assist in determining the best value to the Government. The Government will add the total for all required Line Items and respective option periods, to include the six-month extension option afforded by FAR 52.217-8, to determine the TEP for each offeror. The six-month extension pricing will be determined by utilizing the rates provided for the last option period; the price will be pro-rated to determine the evaluated cost of the six-month option.

2. Fill-In Clauses/Provisions: Offerors are required to complete all clauses/provisions that require Fill-ins and submit them with their proposal. Note: For 52.212-3, If the Offeror has completed the annual, Representations and Certifications electronically in the System for Award Management

(SAM) only paragraph (b) of the provision is required.

3. Amendments – Subparagraph (9): Offerors must acknowledge all amendments to this solicitation (if Amendments are issued). Offerors shall acknowledge, sign, and submit all solicitation amendments with their proposal.

Subparagraph (8); All vendors must be registered and active in the System for Award Management (SAM) at https://www.sam.gov/portal/public/SAM/ at time of quote submittal to be considered for award. Vendors must complete all necessary fill-ins and certifications, highlighted in yellow, in the on- line Representations and Certifications and return the provision Federal Acquisition Regulation (FAR) 52.212-3, Offeror Representations and Certifications – Commercial Items para (b) along with the quote.

Paragraph (c); first sentence revised as follows: The vendor agrees to hold the prices in its quote firm for 60 calendar days from the date specified for receipt of quotes, unless another time period is specified in an addendum to the quote.

Paragraph (f); Quotes must be sent as stated below, if provided by any other method, incomplete, or missing required items may not be considered. If submitting via email, it is recommended a read/delivery receipt is attached to the email.

Quote Submissions: Quotes are due no later than 23 September 2024, at 2:00 PM CDT. Vendors are responsible for verifying receipt of their quotes to this office before the quote due date and time.

Quotes shall be emailed to:

TSgt Jesse Vera jesse.vera.1@us.af.mil Capt Mayra Hernandez at mayra.hernandez.1@us.af.mil.

Questions: For questions pertaining to this RFQ please submit prior to 20 September 2024, at 2:00 PM CDT. All questions shall be submitted via e-mail by the deadline to: TSgt Jesse Vera jesse.vera.1@us.af.mil and Capt Mayra Hernandez at mayra.hernandez.1@us.af.mil.

Note: If quotes are mailed or hand delivered, an electronic version of all documents must be provided at time of submission. Beware, “.zip” files are not an acceptable format for the Air Force Network and will not go through government email systems. Emails over 10 MB in size will not come through the system.

Paragraph (g); Interchanges: The government intends to award a contract without Interchanges with respective vendors. The government, however, reserves the right to conduct Interchanges, with all, some, or none of the vendors, if deemed in its best interest.

Paragraph (j); The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and Cage Code, as shown below:

UEI Number/ Cage Code: ___________________________/_____________

FAR Provision 52.212-2, Evaluation- Commercial Products and Commercial Services. (Nov http://www.sam.gov/portal/public/SAM/ mailto:jesse.vera.1@us.af.mil mailto:mayra.hernandez.1@us.af.mil mailto:jesse.vera.1@us.af.mil mailto:mayra.hernandez.1@us.af.mil

2021) – Addendum

(a) Pursuant to FAR 12.602 contract award will be made using Simplified Acquisition Procedures IAW FAR Part 13. The government will award a contract resulting from this RFQ to the responsible vendor whose quote, conforming to the RFQ, will be most advantageous to the government, price and other factors considered. The following factors shall be used to evaluate quotes:

i. Price: The evaluation will consider the unit prices for each item. The total evaluated price will be calculated by summing the unit prices provided for each item.

ii. Past Performance: Evaluation will be based on the Supplier Performance Risk System (SPRS) in accordance with DFARS 252.204-7024. Vendors are required to have a rating in

SPRS.

In accordance with FAR 12.602(a): When using the simplified acquisition procedures in FAR Part 13, contracting officers are not required to describe the relative importance of evaluation factors.

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

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

(End of Provision)

FAR Provision 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services (Feb 2024), with its Alternate I (Feb 2024), applies to this acquisition. Vendors shall include completed copy of this provision with its quote.

FAR clause at 52.212-4, Contract Terms and Conditions—Commercial Products and Commercial Services (Nov 2023), applies to this acquisition with the following Addendum:

Paragraph (c) of this clause is tailored as follows: Changes in the terms and conditions of this contract may be made only by written agreement of the parties with the exception of administrative changes, such as changes in the paying office, appropriations data, etc., which may be changed unilaterally by the Government.

FAR clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Products and Commercial Services (Feb 2024), and selected clauses within the full text version of the clause contained in this document apply to this acquisition.

Note: The vendor acknowledges that should the quote terms and conditions and/or agreement conflict with mandatory provisions of the Federal Acquisition Regulation (FAR) and other Federal law applicable to commercial acquisitions, to the extent of such conflict the FAR and Federal law govern and conflicting vendor terms and conditions and/or agreement are unenforceable and are not considered incorporated into any resultant contract.

All responsible sources may submit a quotation which shall be considered by the agency.

52.252-1 Solicitation Provisions Incorporated by Reference. (Feb 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

www.acquisition.gov

(End of Provision)

52.252-2 Clauses Incorporated by Reference. (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov

(End of clause)

52.252-5 Authorized Deviations in Provisions. (Nov 2020)

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

(b) The use in this solicitation of any FAR and DFARS (48 CFR Chapter 1 and 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

52.252-6 Authorized Deviations in Clauses. (Nov 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR

Chapter1) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the date of the clause.

http://www.acquisition.gov/ http://www.acquisition.gov/

(b) The use in this solicitation or contract of any FAR and DFARS. (48 CFR Chapter 1 and 2) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the name of the regulation.

PROVISIONS/CLAUSES INCORPORATED BY REFERENCE

CLAUSE NO. CLAUSE TITLE DATE

52.201-1 Acquisition 360: Voluntary Survey. 2023-09 52.203-3 Gratuities. 1984-04 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. 2020-0652.

52.204-7 System for Award Management. 2018-10

52.204-13 System for Award Management Maintenance. 2018-10 52.204-16 Commercial and Government Entity Code Reporting. 2020-08

52.204-18 Commercial and Government Entity Code Maintenance. 2020-08 52.204-19 Incorporation by Reference of Representations and Certifications 2014-12

52.204-21 Basic Safeguarding of Covered Contractor Information Systems. 2021-11 52.204-22 Alternative Line-Item Proposal 2017-01 52.204-29 Federal Acquisition Supply Chain Security Act Orders Representation and Disclosures.

2023-12

52.209-7 Information Regarding Responsibility Matters. 2018-10 52.212-1 Instructions to Offerors-Commercial Items. 2023-09

52.212-4 Contract Terms and Conditions-Commercial Items. 2023-11 52.217-5 Evaluation of Options 1990-07

52.223-5 Pollution Prevention and Right-to-Know Information. 2024-05

52.223-23 Sustainable Products and Services. 2024-05

52.228-5 Insurance-Work on a Government Installation. 1997-01

52.229-11 Tax on Certain Foreign Procurements-Notice and Representation.

2020-06

52.232-39 Unenforceability of Unauthorized Obligations 2013-06

52.233-1 Disputes 2004-10

252.201-7000 Contracting Officer's Representative. 1991-12

252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09

252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2022-12

252.203-7005 Representation Relating to Compensation of Former DoD Officials. 2022-09

252.204-7003 Control of Government Personnel Work Product. 1992-04

252.204-7004 Antiterrorism Awareness Training for Contractors 2023-01

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls

2016-10

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

2023-01

252.204-7012

DEV 2024-

O0013

Safeguarding Covered Defense Information and Cyber Incident Reporting. (DEVIATION 2024-O0013 REVISION 1)

2024-05

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support 2023-01 252.204-7017 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services--Representation 2021-05

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

2023-01

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements 2022-03 252.204-7020 NIST SP 800-171 DoD Assessment Requirements 2023-01 252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors.

2023-01

252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials.

2014-09

252.223-7008 Prohibition of Hexavalent Chromium 2023-01 252.225-7012 Preference for Certain Domestic Commodities. 2022-04 252.225-7048 Export-Controlled Items. 2013-06 252.225-7055 Representation Regarding Business Operations with the Maduro

Regime 2022-05

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime 2023-01 252.225-7059 Prohibition on Certain Procurements from the Xinjiang

Uyghur Autonomous Region-Representation.

2023-06

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region.

2023-06

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

2023-01

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports 2018-12 252.232-7010 Levies on Contract Payments. 2006-12

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. 2023-01 252.239-7001 Information Assurance Contractor Training and Certification. 2008-01 252.239-7002 Access. 1991-12 252.239-7009 Representation of Use of Cloud Computing. 2015-09 252.239-7010 Cloud Computing Services. 2023-01 252.239-7016 Telecommunications Security Equipment, Devices, Techniques, and

Services.

1991-12

252.239-7017 Notice of Supply Chain Risk. 2022-12 252.239-7018 Supply Chain Risk. 2022-12 252.243-7001 Pricing of Contract Modifications. 1991-12 252.243-7002 Requests for Equitable Adjustment. 2022-12 252.244-7000 Subcontracts For Commercial Items 2023-11 252.244-7001 Contractor Purchasing System Administration. (Alternate I) 2014-05 252.246-7003 Notification of Potential Safety Issues. 2023-01 252.246-7007 Contractor Counterfeit Electronic Part Detection and Avoidance

System.

2023-01

252.246-7008 Sources of Electronic Parts. 2023-01 252.247-7023 Transportation of Supplies by Sea. 2023-01

PROVISIONS/CLAUSES INCORPORATED BY FULL TEXT

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212- 3, Offeror Representations and Certifications-Commercial Products 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 or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

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

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

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

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

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

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

(d) Representation. The Offeror represents that—

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

(e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

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

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

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

(i) For covered equipment—

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

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

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

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

(i) For covered equipment—

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

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

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

(End of provision)

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services. (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).

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).

(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.

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:

(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) 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 participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

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

(2) Affirmative Action Compliance. The offeror represents that-

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.gov/ U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

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

(1) (i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that each domestic end product listed in paragraph (f)(3) of this provision contains a critical component.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.

(iii) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

(iv) The terms “commercially available off-the-shelf (COTS) item,” “critical component,” “domestic end product,” "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(2)…