FBO Solicitation Final.docx

Montana Air National Guard Yellow Ribbon Reintegration Event

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

This solicitation, W9124V23Q0001, is being issued as a Request for Quote (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition circular (FAC) 2023-02, effective 02/14/2023. This acquisition is 100% Small Business set-aside in accordance with the Federal Acquisition Regulation (FAR) Part 19.502-2(b). NAICS code 721110 – Hotels (except Casino Hotels) and Motels, with a small business size standard of $35.0 million, is applicable to this acquisition.

The Government intends to award a single firm fixed price contract to the offeror whose offer, conforming to the requirements of this solicitation, represents the best value to the Government. Evaluation criteria will be based on price, past performance, and venue availability date IAW FAR 13.106-1(a)(2) unless circumstances deem more appropriate and in the best interest of the Government that multiple awards be made.

Evaluation Criteria:

FAR Provision 52.212-2, Evaluation -- Commercial Items (NOV 2021), applies to this acquisition. As prescribed in FAR 12.301(c), the following addendum is provided for this solicitation and hereby amends any language therein:

The Government may award without discussions; however, the Government reserves the right to conduct discussions if deemed in the Government's best interest. Quotes will be evaluated on price, offeror's ability to meet the venue requirements listed in the performance work statement, ability to accommodate in a single facility, and past performance based on a review of FAPIIS and SPRS.

Scope: The Government is anticipating approximately 190 Attendees for the Montana National Guard Yellow Ribbon Reintegration Event. The intent is for the event to take place in one facility. Multiple facilities would be considered if within 3 miles.

Description: The Contractor shall provide services to support the Yellow Ribbon Event by providing lodging, meals, meeting space, audio/visual, childcare, supervision, additional support items such as easels and tablecloths, parking, airport shuttle service, and COVID-19 safety precautions when the CDC Community level is above “low”.

Place of Performance: within +/- 10 miles of the city limits of Great Falls, MT.

Period of Performance: 13 August 2023

Line Items:

Air Guard Yellow Ribbon

Offer Submission Requirements

Offeror shall provide a narrative description and diagram of all proposed meeting spaces, to include furniture layout, room dimensions, and maximum occupancy for each room. Narrative shall be in adequate detail for the Government to determine if the proposed venue’s rooms/spaces, furnishings, equipment, and support meet the requirements as stated in the PWS.

Offeror shall provide sample menus for lunch meals in sufficient detail for the Government to determine whether proposed meals meet the requirements as stated in the PWS.

Failure to provide all required information may render the offer non-compliant and it may not be considered for award.

Offers must also include CAGE CODE/SAM UEI number. Quoted amounts need to be net prices. All quotes from third parties shall include all taxes and surcharges in their overall price.

This requirement is paid for by federally appropriated funds and is excluded from taxation (can’t tax the federal Government). Any local taxes that are charged directly to the customer (Government) are also not allowable.

If a third-party vendor quotes on this requirement and is awarded the resulting purchase order, they must have representatives on site to interface with venue personnel. They will be held to the same standard for payment as if they were the hotel themselves (canceled rooms within 48 hours, meals, etc.)

All firms must be registered in the System for Award Management (SAM) database at www.sam.gov to be considered for award.

Offers are due at 11:00 a.m. local (mountain) time on Thursday, 13 July 2023. Offers shall be submitted via email to christina.hutchins.1@us.af.mil. Questions regarding this solicitation shall be submitted to the same email address provided for offers. All questions and their answers will be recorded on a consolidated question and answer document and posted to contract opportunities on a non-attribution basis. Offerors shall monitor Contract Opportunities frequently for update Question and Answer documents, as no other notifications will be provided.

Requirements:

Monday

13 August

14 August

7 Reserved (non paid)

Meals

Breakfast (0730-0900) (190 Servings/meal)

Childcare

0700-1200

Shuttle Service

Displays

10 easels

A/V Support

Registration

0600-0800 w/6 tables

Parking

180 Spaces

Security

0600-1700

Venue: The Contractor shall provide lodging for staff and attendees for the Montana National Guard Yellow Ribbon event. At a minimum, the lodging establishment shall meet International Hospitality Association (IHA) Three Star rating criteria. The following items are required to support the event:

The Contractor shall provide up to 10 display stands/easels able to support standard poster sized signage to place throughout the Event(s) area. This shall be available at 2:00 p.m. on Saturday.

The Contractor shall provide 10 easels to be used for directional signage throughout the entire event.

The Contractor shall provide a means to communicate with contractor staff and between Event Staff by hand-held radios or other quick communication method.

The Contractor shall provide a dedicated Audio/Visual person on-site to be available to assist during the event from 6:30 AM – 5:00 PM Sunday

A laser printer with toner supplied that is capable of printing 28 pages per minute in black and white and the ability to print up to 500 pages total. The printer will be set and ready for use beginning on Friday at noon in the Operations Center.

Registration: The Contractor shall setup a Yellow Ribbon registration desk on Sunday beginning at 6:00 AM and concluding at 8:00 AM, preferably in proximity to the event’s General Session. The area shall be used by the Core and Advance Party staff to provide sign-in, welcome, and orientation packages for attendees.

The area shall have six (6) registration tables and the tables shall be properly dressed with table cloths and skirted. Complimentary wireless high-speed Internet access for 7 Core and Advance Party Event Staff shall be provided for the Registration Area. Power sources shall be provided for at least two computers and two printers. Rope stanchions, signage, and sufficient easel stands to direct traffic to the registration area shall be available.

Lodging: The Contractor shall provide sleeping accommodations for attendees. Estimated attendees will need lodging for a total of 1 nights. 40 double-bed and/or single sleeping rooms Sunday night for a total of 40 Sleeping-room-nights.

In addition, the Contractor shall provide staff sleeping room reservations only for support staff (staff is self-pay). YR Staff: Up to Four (4) nights for 7 estimated Core Staff. (1 single room per staff). These shall be reserved for 11-14 August.

The Government will not be responsible for room service charges, long distance phone calls, movie rental charges, laundry, or other incidental room charges. Any such charges shall require the occupants to provide their personal credit cards to secure payment for those charges.

The Government will provide a preliminary room count upon award of the contract and a final room count seven (7) days prior to the event start date. The Government will only pay for lodging rooms used. The Government shall NOT pay for staff rooms.

Meeting Rooms: Meeting Rooms consist of General Session, Breakout Session rooms, Counseling Rooms, Vendor/Exhibitor space, an Operations Center room, and a Logistics Storage room. All Meeting Rooms are available from Saturday at 4:00PM until Sunday at 5:00 PM except for the Operations Center and Logistics Storage which is available on Friday at 8:00 AM through Sunday at 5 PM. The rooms shall meet the requirements below, be staged in accordance with Other attached Meeting Room Staging Requirements, be available for the entire event days, and accessible 24 hours of the conference.

The Contractor shall provide water stations and/or pitchers filled with water, and glasses/cups for General Session and each Breakout Session Room from 7:00 AM until 4:30 PM Saturday, and 8:00 AM to 11:00 AM Sunday. Event Staff will provide the Contractor with an Event Agenda including break times in order to refresh rooms.

General Session Room. The Contractor shall provide one (1) General Session room capable of holding 250 attendees set with rounds of 6-8 (preferably rounds of 10 if 72-inch diameter tables are available). Social distancing must be considered in room staging. The General Session Room shall not be re-arranged to serve as Breakout Rooms. The General Session Room and the Breakout Rooms shall be separate spaces. General Session room shall be used for dining purposes and potentially a large meeting room. The following requirements shall be met for the General Session Room: A stage that is completely dressed.

The stage shall include: seating for three (3), one (1) podium with two (2) wireless microphones, two (2) lavaliere microphones, and one (1) American flag with pole and stand.

This room shall have two (2) projectors, two (2) projector screens with complimentary high-speed Internet for three (3) connections. Prefer to have screens placed in each corner on an angle for best viewing. An area shall be set up for a presenter to connect a computer to the projectors and connect to house sound. The presenter will also require a power strip. The Contractor shall ensure that Core or Advance Party staff can direct which doors are locked or unlocked to control access to the General Session room. Pens and note pads shall be provided at each seat, minimum of four (4) water stations with cups, four (4) trashcans. This room shall be available for A/V check on Saturday before the event NLT 4:00 PM.

Exhibitor Space. The Contractor shall provide one (1) vendor/exhibitor space in an area adjacent to the General Session room capable of holding up to a minimum of 30 tables with 2 chairs each for vendors displays. The tables shall be properly dressed with tablecloths and skirted.

Breakout Session Rooms. Contractor shall provide meeting space for 5 (five) Breakout Session rooms. The rooms shall be available for the entirety of Sunday, and accessible 24 hours of the conference.

All 5 (five) of the Breakout Session Rooms shall be configured as follows:

· Set up in classroom style with seating for 45 people

· One (1) 10 x 10 projector screen or larger

· One (1) LCD projector with connections

· One (1) A/V table

· One (1) hand-held wireless microphone and one lavaliere microphone with connection to house sound

· Provide sound connection to house sound for laptops to play videos

· Provide wireless USB presentation clicker in each meeting room

· Internet service for two (2) connections (wireless or hardwire)

· One (1) power strip

· One (1) trashcan

· Water station with cups

Operations Center. The Contractor shall provide one (1) meeting room to be used by the staff as an administrative operations center. The room shall be available upon arrival on Wednesday by 8:00 AM through Sunday at 5:00 PM. The room shall have complimentary wireless Internet access for thirty-five (35) users, and 7 power strips. The room shall encompass a conference table with chairs. The room shall consist of the following items per-day: One (1) hotel phone with capabilities to call any in-house number, pens and note pads, keys or digital access, water station with cups, one (1) large trashcan. This space must be able to be locked and secured with keys or digital access given to the Core Staff. In the event a hotel phone is not available, the Contractor shall secure a means of communication between the Operations Center and hotel staff offices/guest lodging rooms.

Childcare: The contractor is to provide Childcare services for ages 0-5 following the Federal Teacher to Children ratio and any State required ratios.

Support staff are required to provide line of sight supervision, bathroom break escort, and other childcare support for the full Federal Teacher to Child ratio for the 6 years and older room.

Childcare providers must be prepared and able to provide support for special needs children. Special need details will be provided prior to the event.

Provide additional Childcare staff (in addition to minimum Federal Teacher to Children ratio) for assistance, if required, with special needs children. Must abide by Federal Teacher to Children ratio and any applicable State Law.

Initial count of children in attendance will be provided 30 days prior to the event start date. Actual numbers of children including ages will be provided to Childcare Provider 15 days prior to the event.

Childcare required to be set and ready to accept children by 7:00 AM and provide care until 4:00 PM on Sunday.

Plan staffing accordingly to provide breaks to staff members yet provide continuous, adequate, supervision during meal and snack times.

Childcare providers must provide games, toys and activities, etc. appropriate for ages 0-5 and activities appropriate for ages 6 and older. Suggested Childcare providers bring movie time entertainment. Must provide blankets, and nap time accessories. Two (2) portable cribs and/or pack and play type beds will be provided by the Venue Contractor. Childcare providers must provide snacks for children.

Must have a security system in place for receiving/registering children, tracking children, and releasing children.

Seven (7) days prior to event, childcare service provider shall provide to the Contracting Officer a complete listing of staff members. Listing shall include full names, contact number, and an up-to-date photo for each staff member.

Childcare Service Providers shall provide adequate documents for proof of favorable background checks for all staff members. In accordance with DODI 6060.02, Child Care Programs, and DODI 1402.05, Background Checks on Individuals in Department of Defense Child Development and Youth Programs, Section 3.4, (2), Childcare provider must meet State licensing standards or school district requirements and policies for background checks. These background checks on staff members should be "favorably adjudicated", cleared by State in order to provide childcare for the government, and must have been completed within 12 months of event.

Childcare Service Providers must provide copy of valid business license and proof of insurance.

Childcare Service Providers must wear name badges with company name. Providers must wear company shirts or matching shirts or same color shirts so they can easily be identified.

Childcare Rooms. The contractor shall provide two (2) Childcare Rooms. Childcare rooms shall be in close proximity of each other and will be away from exits, elevators/escalators. The Contractor will ensure that Childcare rooms are in an area where access is blocked to outsiders and hotel staff (for example, the end of a hallway). Access to this area will controlled by Core or Advance Party staff and childcare staff. Two (2) six-foot banquet tables with tablecloths and skirting and six (6) chairs will be set up in the area to control access to the childcare room

Childcare Rooms shall be configured as follows:

One (1) Meeting Rooms that can accommodate 10 (ten) children in each room, ages 0-5 years. Each room shall consist of the following items per-day: water station with cups and (1) large trash can, one (1) refrigerator, three (3) portable cribs (or pack and play), television with DVD player, two (2) tables with tablecloths that can seat 10 each. Lunch will be served to the children in the designated rooms. Lunch will be buffet style with the Contractor’s staff provided to assist with serving. Contractor will provide additional staff as needed to assist with serving.

One (1) Meeting Rooms that can accommodate 10 (ten) children ages 6 years and older. Each room shall consist of the following items per-day: water station with cups and (1) large trash can, television with DVD player, three (3) tables with tablecloths that can seat 10 each. Lunch will be eaten by the children in the designated rooms. Lunch will be served buffet style with the buffet set up in close proximity of all three rooms. The Contractor will provide additional staff as needed to assist with serving.

Meals: The Contractor shall provide three (2) meals total based off the Banquet Event Order (BEO) with two (2) meals (Breakfast and Lunch) on Sunday. Food and beverage charges are based upon a maximum of 190 servings per meal. Self-serve beverage stations are preferred at each meal. Self Serve buffet meals are allowable when the COVID community levels are identified by the CDC as “low.” The dining room will be in the General Session meeting room. The Contractor shall identify the notification time frame for meal cancellation. The cancellation time frame should be consistent with commercial practice. The Contractor must be in compliance with all applicable regulations regarding food and beverage services. Cost will not exceed government per diem rates associated with the hotel’s physical address.

For COVID-19 safety, social distancing will be observed during meal service times. Venue staff shall serve all meals cafeteria style when CDC Community levels are above “low”. Self-serve buffet style meals are acceptable when CDC Community levels are low. Meal service area shall be separated from the attendees’ meal line by plexiglass dividers or other acceptable divider when COVID community level is HIGH as identified by the CDC website.

Coffee, tea, and water shall be available from 7:00 AM to 11:00 AM Sunday.

Breakfast. Hot food buffet shall be available from 7:00 AM to 8:30 AM Sunday. The buffet shall include such items as: Scrambled eggs, and meat (bacon or sausage) and starch (potatoes or grits), oatmeal or waffles or, pancakes or French toast, and pastries, and yogurt, and fresh fruits. Drinks shall consist of coffee, tea, milk, and juice. Self-serve beverage stations are preferred.

Lunch. Hot food buffet shall be available from 12:00 PM to 1:00 p.m. on Sunday. Buffet(s) shall include such items as: baked or broiled chicken entrée, and beef or pasta entrée, garden salad with assorted toppings and dressings, vegetables, and starch selection and a dessert. Drinks shall consist of coffee, iced tea and lemonade, punch or juice. Self-serve beverage stands are preferred.

Children’s lunch on Sunday (12:00 PM to 1:00 PM) will be served in the children’s meeting space area. Lunch shall consist of such items as: chicken fingers, spaghetti, mac & cheese, fries, cut fresh fruit, cut raw veggies. Drinks shall consist of milk, juice, and water.

Dinner. No dinner provided.

A final Banquet Event Order (BEO) shall be submitted to the COR seven days (7) calendar days prior the event.

Parking. The Contractor shall provide 5 parking spaces for up to six (6) nights. The Contractor shall provide 175 parking spaces Friday night and Saturday during the event. This will be located in a parking ramp or lot adjacent hotel to accommodate the vehicles of staff and attendees. The cost of this parking shall be no additional charge to the government. An additional 25 parking spaces will be “Reserved” for self-paying Community Partners who are supporting the Event.

Airport Transportation. The Contractor shall provide airport transportation on Friday for 10 attendees and from the venue to the airport on Sunday beginning at 11:00 AM for 10 attendees.

Security. Contractor shall limit conference area entries to outsiders during the event. Contractor shall ensure security patrols are provided throughout the conference and registration times, Saturday, and Sunday. Armed security officers or off-duty police are required for the entire event.

COVID-19 Safety Protocol. When the CDC Community level is above “low”, social distancing will be followed at all times including registration, General Session, Breakout Sessions, and during meals. The contractor must consider additional space needed to socially-distance tables and seats.

Hand sanitizer will be provided throughout the venue including the registration area, General Session, and Breakout session areas.

Additional cleaning steps should be taken by the venue to ensure sanitization of meeting rooms and common-area surfaces.

Partitions such as a plexiglass divider shall separate the attendees from the food service area if COVID community risk is High per the CDC website.

Disposable masks shall be provided by the contractor to ensure all participants are provided a mask if requested.

PROVISIONS AND CLAUSES INCORPORATED BY REFERENCE

52.203-12 Limitation On Payments To Influence Certain Federal Transactions JUN 2020 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements JAN 2017 52.204-7 System for Award Management OCT 2018 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards JUN 2020 52.204-13 System for Award Management Maintenance OCT 2018 52.204-14 Service Contract Reporting Requirements OCT 2016 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-20 Predecessor of Offeror AUG 2020 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities NOV 2021 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment NOV 2021 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment NOV 2021 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations NOV 2015 52.212-1 Instructions to Offerors--Commercial Products and Commercial Services NOV 2021 52.212-2 Evaluation - Commercial Items NOV 2021 52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services NOV 2021 52.212-5 (Dev) Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Products and Commercial Services (Deviation 2018-O0021) MAY 2022 52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.219-28 Post-Award Small Business Program Rerepresentation SEP 2021 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-25 Affirmative Action Compliance APR 1984 52.222-26 Equal Opportunity SEP 2016 52.222-41 Service Contract Labor Standards AUG 2018 52.222-42 Statement Of Equivalent Rates For Federal Hires MAY 2014 52.222-50 Combating Trafficking in Persons NOV 2021 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 JAN 2022 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2022 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts SEP 2013 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving JUN 2020 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.226-6 Promoting Excess Food Donation to Nonprofit Organizations JUN 2020 52.232-33 Payment by Electronic Funds Transfer--System for Award Management OCT 2018 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors NOV 2021 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD Officials NOV 2011 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting DEC 2019 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support MAY 2016 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2021

252.211-7003 Item Unique Identification and Valuation MAR 2022 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.225-7055 Representation Regarding Business Operations with the Maduro Regime MAY 2022 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime MAY 2022 252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2020-O0015) MAY 2020 252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation (DEVIATION 2020-O0015) MAY 2020 252.225-7974 (Dev) Representation Regarding Business Operations with the Maduro Regime (DEVIATION 2020-O0005) FEB 2020 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DEC 2018 252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors-- Prohibition on Fees and Consideration APR 2020 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel JUN 2013 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019

PROVISIONS AND CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

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

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

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

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

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

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

(d) Representations. The Offeror represents that--

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT 2020)

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

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

(c) Representations.

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

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

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) ALTERNATE I (OCT 2014)

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

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

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. 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.

"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

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

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

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

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

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

(6) Have been voluntarily suspended.

"Sensitive technology"—

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

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

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

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

"Service-disabled veteran-owned small business concern"—

(1) Means a small business concern—

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

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

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16).

"Small business concern"—

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

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

"Small disadvantaged business concern, consistent with 13 CFR 124.1002," means a small business concern under the size standard applicable to the acquisition, that--

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

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

"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 the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

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

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

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

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

(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 it [ ___ ] is, [ ___ ] is not a small business concern.

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

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

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

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

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

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

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

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

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

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

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

(9)…