Final 22-Q-0013 Coaches RFQ.docx

M0026422Q0013

SOLICITATION FOR WARRIOR ATHLETE RECONDITIONING PROGRAM SERVICES

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The applicable NAICS code is 611620 – Sports and Recreation Instruction with a size standard of $8 million. This Request for Quotation (RFQ) and subsequent contract are set-aside exclusively for only those certified as a Small Business. Quotes from other than these vendors will not be considered. This is a RFQ for the Wounded Warrior Regiment, Warrior Athlete Reconditioning Program. The Government intends to award a single firm fixed-price indefinite delivery / indefinite quantity (IDIQ) contract as a result of this solicitation. This acquisition will be conducted in accordance with Federal Acquisition Regulation (FAR) Part 12 ‘Acquisition of Commercial Items’, in conjunction with FAR Subpart 13.5 ‘Simplified Procedures for Certain Commercial Products and Commercial Services’, and FAR Part 19 ‘Small Business Programs’.

M00264-22-Q-0013 is issued as an RFQ to provide the Government the following services: Contractor shall provide non-personal services for the Warrior Athlete Reconditioning Program requirement to provide the coaching services necessary at the specified adaptive sport event.

Contractor/Quoter: __________________________________

Address: __________________________________

City: __________________________________

State and Zip Code: __________________________________

Cage Code: __________________________________

Tax ID Number: __________________________________

Signature of Contractor/Quoter: ___________________________________

Title of Signer: ___________________________________

Date Signed: ___________________________________

SUBMISSION OF QUOTES:

Solicitation: Solicitation issue date is 15 February 2022.

Questions: All questions must be received by 23 February 2022 at 10:00 AM Eastern Time. All questions submitted for this solicitation must be electronically sent to cynthia.guthridge@usmc.mil.

Quotes: Quotes must be received by the Contracting Office no later than 15 March 2022 at 10:00 AM Eastern Time. All quotes must be electronically sent to cynthia.guthridge@usmc.mil.

The provision at FAR 52.212-1, Instructions to Offerors- Commercial, Addendum applies to this acquisition and FAR 52.212-2, Evaluation- Commercial Items, Addendum includes the specific evaluation criteria and procedures to be used.

SCHEDULE OF SERVICES

Head Archery Coach

Archery Coach

Cycling Coach

Cycling Coach Assistant

Cycling/Mechanic Assistant Coach

Head Field Coach

Head Track Coach

Track and Field Coach

Shooting Coach

Swimming Coach

Sitting Volleyball Coach

Powerlifting Coach

Powerlifting Assistant Coach

Wheelchair Basketball Assistant Coach

Wheelchair Basketball/Mechanic Assistant Coach

Wheelchair Rugby Coach

Wheelchair Rugby Coach/Mechanic

Wheelchair Rugby Mechanic

Indoor Rowing Coach

Golf Coach

Ultimate Champion Coach

Travel Not-to-Exceed Cost

$ 155,000.00

BASE PERIOD TOTAL:

Head Archery Coach

Archery Coach

Cycling Coach

Cycling Coach Assistant

Cycling/Mechanic Assistant Coach

Head Field Coach

Head Track Coach

Track and Field Coach

Shooting Coach

Swimming Coach

Sitting Volleyball Coach

Powerlifting Coach

Powerlifting Assistant Coach

Wheelchair Basketball Assistant Coach

Wheelchair Basketball/Mechanic Assistant Coach

Wheelchair Rugby Coach

Wheelchair Rugby Coach/Mechanic

Wheelchair Rugby Mechanic

Indoor Rowing Coach

Golf Coach

Ultimate Champion Coach

Travel Not-to-Exceed Cost

$ 191,000.00

OPTION PERIOD ONE TOTAL:

Head Archery Coach

Archery Coach

Cycling Coach

Cycling Coach Assistant

Cycling/Mechanic Assistant Coach

Head Field Coach

Head Track Coach

Track and Field Coach

Shooting Coach

Swimming Coach

Sitting Volleyball Coach

Powerlifting Coach

Powerlifting Assistant Coach

Wheelchair Basketball Assistant Coach

Wheelchair Basketball/Mechanic Assistant Coach

Wheelchair Rugby Coach

Wheelchair Rugby Coach/Mechanic

Wheelchair Rugby Mechanic

Indoor Rowing Coach

Golf Coach

Ultimate Champion Coach

Travel Not-to-Exceed Cost

$ 197,000.00

OPTION PERIOD TWO TOTAL:

Head Archery Coach

Archery Coach

Cycling Coach

Cycling Coach Assistant

Cycling/Mechanic Assistant Coach

Head Field Coach

Head Track Coach

Track and Field Coach

Shooting Coach

Swimming Coach

Sitting Volleyball Coach

Powerlifting Coach

Powerlifting Assistant Coach

Wheelchair Basketball Assistant Coach

Wheelchair Basketball/Mechanic Assistant Coach

Wheelchair Rugby Coach

Wheelchair Rugby Coach/Mechanic

Wheelchair Rugby Mechanic

Indoor Rowing Coach

Golf Coach

Ultimate Champion Coach

Travel Not-to-Exceed Cost

$ 203,000.00

OPTION PERIOD THREE TOTAL:

Head Archery Coach

Archery Coach

Cycling Coach

Cycling Coach Assistant

Cycling/Mechanic Assistant Coach

Head Field Coach

Head Track Coach

Track and Field Coach

Shooting Coach

Swimming Coach

Sitting Volleyball Coach

Powerlifting Coach

Powerlifting Assistant Coach

Wheelchair Basketball Assistant Coach

Wheelchair Basketball/Mechanic Assistant Coach

Wheelchair Rugby Coach

Wheelchair Rugby Coach/Mechanic

Wheelchair Rugby Mechanic

Indoor Rowing Coach

Golf Coach

Ultimate Champion Coach

Travel Not-to-Exceed Cost

$ 209,000.00

OPTION PERIOD FOUR TOTAL:

PERFORMANCE WORK STATEMENT

Performance Work Statement (PWS)

United States Marine Corps Warrior Athlete Reconditioning Program Adaptive Sports Coaches

1. INTRODUCTION. The United States Marine Corps (USMC) Wounded Warrior Regiment (WWR) Warrior Athlete Reconditioning Program (WAR-P) is designed to strengthen wounded, ill, or injured (WII) service members through adaptive reconditioning and rehabilitation and set the course for a healthy lifestyle. The program provides access to specialized equipment, professional coaching, and the opportunity to attend various adaptive sport camps and competitions. Recovering Service Members (RSMs) participate in adaptive sporting events and recreation activities within their individual limitations. RSMs will compete in sports which can include: archery, cycling, field, golf, indoor rowing, powerlifting, shooting, sitting volleyball, swimming, track, wheelchair basketball, and wheelchair rugby (additional sports may be added).

1. BACKGROUND. Established in 2010, the Warrior Games is an annual adaptive sporting event that brings together wounded, ill and injured service members and veterans from all branches of the Armed Forces, the Special Operations Command (SOCOM), and allied countries. During the Warrior Games, approximately 375 wounded, ill and injured athletes, compete in 12 sports (archery, cycling, field, golf, indoor rowing, powerlifting, shooting, sitting volleyball, swimming, track, wheelchair basketball, and wheelchair rugby). Athletes are Military Wounded Warriors ranging from Warrior Games classification 1 – 6. Many wounded, ill, and injured Service Members use adaptive reconditioning sports and activities as an integral part of their overall rehabilitation process. Although the Warrior Games is comprised of various service members, this requirement is specifically for coaches to support the USMC WWR, WAR program.

1. SCOPE. The WAR-P requires contractor support services for the USMC’s adaptive sporting events and the contractor shall serve as a subject matter expert in adaptive reconditioning and adaptive sports throughout the operational planning and execution process and provide consultation to the WWR. Coaching and support services are required during adaptive sport special events to prepare Marine athletes competing in the following twelve (12) sports:

Sports

The contractor will provide up to 20 coaches per event, equating to up to 70 coaches per period of performance.

An EXAMPLE of yearly events is provided below. Event dates and coach requirements are subject to change. The contractor will be provided the exact event dates, locations, and specific coach requirements no less than 60 days prior to each event. Coaches are required to arrive one day prior to the start of the coach’s adaptive sport event and depart post completion of the coach’s adaptive sport event. However, for longer duration events, such as the Warrior Games, each coach remains only for the duration of their specific sporting event, not for the duration of the entire event. Exact dates and coach requirements will be provided prior to each event.

An EXAMPLE of events per year:

Start Date

ESTIMATED

End Date ESTIMATED Number of Event Work Days (Excludes Travel Days)

Marine Corps Trials Camp Pendleton, CA

Various Training Camps Camp Pendleton, CA

An EXAMPLE of the types of coaching support services required for USMC yearly events is as follows. In instances where a single sport has more than one coach, one of the coaches will be lead and serve as the “Head” coach. Support denoting a ‘coach/mechanic’ requires an individual proficient in both for the applicable sport. As shown in the below example tables, not all events will require a coach for each sport.

Camp Pendleton

Coaches – 15 total

Volleyball Coach Head Field Coach Head Track Coach Shooting Coach – 2 Archery Coach Asst. Basketball Coach Asst. Basketball Coach/Mechanic Rowing Coach Wheelchair Rugby Mechanic Golf Coach Asst. Cycling Coach/Mechanic Wheelchair Rugby Coach -2 Asst. Powerlifting Coach

Team Sport Camp Coach Requirements Camp Lejeune

Coaches – 8 total

Swim Coach Track and Field Coach Archery Coach – 2 Shooting Coach Rowing Coach Cycling Coach -2

EXAMPLE 3 EXAMPLE 4

Various Training Camps Coach Requirements

Coaches - 11 total

Volleyball Coach Head Field Coach Head Track Coach Shooting Coach Archery Coach Asst. Basketball Coach/Mechanic Rowing Coach Wheelchair Rugby Coach/Mechanic Golf Coach Asst. Cycling Coach/Mechanic

Warrior Games Training Camp #1 Coach Requirements

Coaches – 8 Total

Head Field Coach Head Track Coach Asst. Basketball Coach/Mechanic Rowing Coach Wheelchair Rugby Mechanic Asst. Cycling Coach/Mechanic Wheelchair Rugby Coach

EXAMPLE 5

Warrior Games Training Camp #2 and Warrior Games Coach Requirements

Coaches – 20 total

Volleyball Coach Rowing Coach - 2 Head Field Coach Wheelchair Rugby Mechanic Head Track Coach Wheelchair Rugby Coach - 2 Shooting Coach - 2 Golf Coach Head Archery Coach Cycling Coach Archery Coach Assistant Cycling Coach Asst. Basketball Coach Powerlifting Coach Asst. Basketball Coach/Mechanic Ultimate Champion Coach

1. COACH PERFORMANCE REQUIREMENTS.

0. Check and verify that all Government furnished equipment for training and competition is available for all athletes in their respective sports. Ensure equipment is stored and kept at the training site on a Military Installation or approved storage facility. Move equipment from storage to the training site and back after each days’ training is completed;

0. Provide guidance and instruction to USMC athletes throughout the training period. In addition, develop a training plan in their designated sport to fit within the athletes’ training schedules. Guidance and instruction may be remote or in-person;

0. Attend the Warrior Games Training Camp. Throughout performance the coaches will be instructing practice, clinics, and competitions;

0. Be available between the hours of 0730 – 1730 daily for any kind of request for instruction from the athletes and staff;

0. Attend daily coaches’ meetings with the USMC WWR Adaptive Sports Team during the scheduled adaptive sports events;

0. Assist with maintenance of the Government’s equipment. Notify the Contracting Officer Representative (COR) of equipment that needs replacement due to safety concerns. Prior to the start of each daily event, make sure all equipment is available for all athletes in their respective sports. Following an event, secure the Government’s equipment to include placing in locked storage containers provided by the Government at the venue site;

0. Coaches and coach mechanics for designated sports shall bring their own tools to maintain, calibrate or adjust the Government’s adaptive sports equipment and coaches shall provide their own whistles;

0. Daily training periods and coach requirements will be based on the event schedules. Specific sport coaching needs may change based upon the needs of the athletes participating in each event.

1. DELIVERABLES AND ACCEPTANCE.

The following deliverables shall be submitted to the COR as described below. The contractor must review all deliverables to ensure accuracy, functionality, completeness, professional quality, and overall compliance with contract requirements. The COR must ensure the accuracy and completeness of all deliverables and is responsible for the tracking and acceptance of all deliverables. If the Government provides comments or change requests, the contractor will have two (2) business days from receipt of the Government’s correspondence to incorporate the comments or change requests and resubmit the deliverable for Government review and approval at no additional cost to the Government. Unless otherwise specified in this PWS, the contractor must use standard commercial practices for formatting all deliverables. Electronic copies of all deliverables must be sent to the COR via email.

1. QUALITY CONTROL AND CONFLICTS OF INTEREST. The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services, and to avoid conflicts of interest. The contractor’s quality control program is the means by which the contractor assures that work complies with the requirements of the contract. At a minimum, the contractor shall develop quality control procedures that address the objectives of the PWS. The contractor’s quality control plan shall be submitted to the Government within two (2) calendar days of contract award.

1. GOVERNMENT FURNISHED EQUIPMENT. Athletic equipment and other event materials used for this requirement is Government Furnished Equipment (GFE) (excepted as designated in section 4 (f)).

1. TRAVEL. The contractor is responsible for implementing a travel management plan that ensures adherence to federal government procedures, and suitable contractor internal controls to prevent unauthorized cost incurrence. All travel costs shall be in accordance with the Office of Personnel Management Joint Travel Regulations. The contractor shall adhere to FAR 31.205-46 for all travel requirements under this contract.

The contractor is responsible for all travel and lodging arrangements for their contracted personnel. Government installation lodging will not be provided or offered to the contractor; it is the responsibility of the contractor to determine what accommodations will be required for their coaching staff. The Government will not provide any ground transportation for coaching staff; it is the responsibility of the contractor to provide transportation for their coaching staff to and from their place of lodging to the Marine Corps adaptive sport special events. Coaches should remain at the event post completion of the athlete competition in their event and not attempt to leave their competition early to accommodate airline travel flight schedules.

Maximum use of carpooling/ride share amongst coaches is required. Government authorization is required if this cannot be accomplished. Contractor must submit to the contracting officer and COR its request and how non-compliance will benefit the contractor and the Government.

1. COACH SKILLS AND QUALIFICATIONS. Coaches shall have three (3) years of experience in a qualified US and National Governing Body (NGB) qualified athletic sport or equivalent, a minimum of two (2) years of coaching experience with adaptive athletes, and knowledge of Warrior Games game rules and regulations.

All coaches must have a sport specific adaptive sport certification, as detailed below, from a certified national governing body.

CERTFICATION LEVEL BY SPORT SHALL BE AS FOLLOWS:

1. SECURITY. The contractor shall comply with all applicable Department of Defense (DoD) security regulations and procedures during the performance of this contract. The contractor shall not disclose and must safeguard sensitive information, computer systems and data, Privacy Act data, and Government and contracted personnel work products that are obtained or generated in the performance of this contract.

The contractor is responsible for safeguarding information of a sensitive nature. Failure to safeguard any privileged information which many involve the contractor or the contractor’s personnel or to which they may have access may subject the contractor and/or the contractor’s employees to criminal liability.

Clearances. All contractor employees supporting this contract require a minimum of a National Agency Check and Inquiries (NACI) clearance. The Government will verify NACI clearance of the contractor employees prior to performance.

1. CONTRACTING OFFICER’S REPRESENTATIVE (COR). The Contracting Officer has designated the person named below as the authorized COR for this contract:

(To be provided at award.)

Name:

Email:

Phone Number:

The COR will represent the contracting officer in the administration of technical details within the scope of this contract and will perform inspections and acceptance of all deliverable. The COR is not otherwise authorized to make any representations or commitments of any kind on behalf of the contracting officer or the Government. The COR does not have the authority to alter the contractor’s obligations or change the specifications in the contract. If, as a result of technical discussions, it is desirable to alter contract obligations or statement of works, a modification must be issued in writing and signed by the contracting officer. The COR is responsible for reviewing invoices submitted by the contractor and informing the contracting officer of areas where exceptions are to be taken. The COR authority is non-delegable. The COR may be personally liable for unauthorized acts.

1. AUTHORIZED CHANGES

Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit the contractor’s facilities or in any other manner communicates with contractor personnel during the performance of this contract shall constitute a change under the Changes clause of this contract.

1. The contractor shall not comply with any order, direction, or request of Government personnel unless it is issued in writing and signed by the contracting officer or is pursuant to specific authority otherwise included as a part of this contract.

(b) The contracting officer is the only person authorized to approve changes in any of the requirements of this contract and notwithstanding provisions contained elsewhere in this contract, said authority remains solely the contracting officer’s. In the event the contractor effects any change at the direction of any person other than the contracting officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof.

1. WORKING ON A GOVERNMENT INSTALLATION

The Contractor shall provide each of its personnel an identification badge, which identifies, by photograph, the individual as an employee of the contractor. These badges shall be clearly identifiable while on Government property, and worn at all times and presented for examination upon request from the contracting officer, COR, Military Police, or any other Government Official with a need to see the badge.

13.2 The Contractor and its personnel shall be subject to all installation traffic, security, and registration regulations for personnel and vehicles. Copies of current installation regulations may be obtained from the COR.

13.3 All contractor personnel attending meetings, answering Government telephones, working on site, where their contractor status is not known to third parties, must identify themselves as contractors, to include wearing ID badges, which identify them as contractor personnel. Contractor personnel shall also ensure that when logged onto Government equipment that their profile shows them as contractor personnel.

13.4 Contractor employees shall clearly identify themselves and the company they work for whenever making contact with Government personnel by telephone or other electronic means.

1. REQUIRED INSURANCE

The following types of insurance are required in accordance with FAR Clause 52.228-5, “Insurance – Work on a Government Installation” and shall be maintained in the minimum amounts. This clause can be found in the clause and provisions section of this solicitation and may also be found at: https://www.acquisition.gov/content/regulations

14.1 Workmen’s Compensation and Employers Liability Insurance as required by law except that if this contract is to be performed in a State that does not require or permit private insurance, then companies with the statutory or administrative requirement in any such State will be satisfactory.

14.2 Automobile Liability Insurance. This insurance shall be required on the comprehensive of policy and shall provide bodily injury liability and property damage liability covering the operation of all automobiles used in connection with the performance of the contract. This insurance may be required in order to obtain entry to the military installation.

1. PERFORMANCE REQUIREMENTS SUMMARY

The below table details the performance objectives and performance standards that must be performed by the contractor. The table also details the method of surveillance the COR will use to determine the quality of the contractor’s performance as it relates to those objectives and standards.

Performance Objective

(AQL)

Coaching and support services prepare Marine athletes to participate in adaptive sport special events.

Customer Feedback

CPARS

CPARS

CPARS

CPARS

IDIQ INFORMATION

Indefinite Delivery / Indefinite Quantity (IDIQ) Information

In accordance with FAR 16.504(a)(4), the following information is provided:

Contract Period: The period of performance for this single award IDIQ is anticipated for a five (5) year performance period, which consists of a one-year base period with four one-year option periods to extend the contract. The Government is not obliged to exercise the options. Performance is expected to commence in May 2022 and, if all options are exercised, conclude in October 2026.

Minimum and Maximum Quantity of Services: The total minimum guarantee amount is $33,000.00. The maximum amount is the total evaluated price of the resultant contract.

Description of Required Services: The Performance Work Statement contained within this solicitation adequately describes the purpose, scope, and complexity of the services to be acquired.

Procedures to Issue Task Orders: Individual Task Orders (TOs) will be issued by a warranted MCINCR-RCO contracting officer for all services to be performed, and will be within scope, issued within the period of performance, and within the established maximum quantity of the contract. Each order will be submitted to the awardee via electronic email.

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$33,000.00

$553,000.00

CLAUSES INCORPORATED BY REFERENCE

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)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) 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 to be performed in the United States or its outlying areas. Check all that apply.

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

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

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

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