FormSF1449_Solicitation Form.pdf

RFQ IFB RFP

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODEFACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

17a CONTRACTOR/

OFFEROR.

CODE

8 (A)

SIZE STANDARD:

NAICS:

% FOR:SET ASIDE:UNRESTRICTED OR

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

10. THIS ACQUISITION IS

EDWOSB

SMALL BUSINESS PROGRAM

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 PROCUREMENT FOR ONE (1) INTEGRATED

AUTONOMOUS SURFACE VESSEL SYSTEM

DESIGNED FOR ULTRA SHALLOW WATER

BATHYMETRY ACCORDING TO THE

SPECIFICATIONS OUTLINED IN THE STATEMENT

OF OBJECTIVES.

PRICING SHALL INCLUDE THE COSTS OF SHIPPING

TO THE FLORIDA KEYS NATIONAL MARINE

SANCTUARY (FKNMS).

Period of Performance: 05/03/2021 to 09/03/2021

1.00 EA

OPT

0002 *SUPPLY OPTION*

OPTION FOR AN ADDITIONAL (1) INTEGRATED

AUTONOMOUS SURFACE VESSEL

ORDER BY DATE: 5/03/2022

THE ULTIMATE DELIVERY DATE FOR THE

ADDITIONAL INTEGRATED ASV SHALL BE 120

CALENDAR DAYS AFTER ISSUANCE OF THE

SUPPLY OPTION MODIFICATION.

Period of Performance: 05/03/2021 to 05/03/2022

1.00 EA

PAGE 3 OF 34 1305M221QNCNA0086

Table of Contents

STATEMENT OF OBJECTIVES

OFFEROR INSTRUCTIONS

EVALUATION CRITERIA UTILIZING SAP

SUBMITTAL OF INVOICES

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.252-6AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.204-13SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-16COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

52.204-18COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

52.204-24REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

(OCT 2020)

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

52.212-1INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2020)

52.212-3OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (FEB 2021)

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (OCT 2018)

52.212-5CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL

ITEMS (JAN 2021)

52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989)

52.247-34 F.O.B. DESTINATION (NOV 1991)

1352.201-70 CONTRACTING OFFICER´s AUTHORITY (APR 2010)

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

1352.233-70 AGENCY PROTESTS (APR 2010)

1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

1330-52.237-70CONTRACTOR COMMUNICATIONS

1330-52.243-70REQUESTS FOR EQUITABLE ADJUSTMENT (OCT 2017)

1330-52.270-304NOAA ACQUISITION AND GRANTS OFFICE OMBUDSMAN (OCT 2016)

DEVIATION: ACCELERATED PYMTS TO SB SUBCONTRACTORS

PAGE 4 OF 34 1305M221QNCNA0086

CLAUSES

STATEMENT OF OBJECTIVES

PAGE 5 OF 34 1305M221QNCNA0086

FKNMS Shallow Water Bathymetry Autonomous Surface Vehicle (ASV) Procurement Requisition Number NCNA0000-21-00722

Statement of Objectives

1.0 Objective

The National Oceanic and Atmospheric Administration’s Office of National Marine Sanctuaries (ONMS), Florida Keys National Marine Sanctuary (FKNMS) requires the procurement of an Autonomous Surface Vehicle (ASV) for topographic habitat characterization, plus emergency response work.

Background The National Oceanic and Atmospheric Administration’s Office of National Marine Sanctuaries (ONMS), Florida Keys National Marine Sanctuary (FKNMS), as a natural resource trustee, is required to make assessments of injured natural resources following incidents such as a vessel groundings. The information acquired during these assessments provides critical data for the legal case made against the perpetrator of the resource injury. These data need to be high-quality and repeatable to be defensible and support a case during litigation.

FNMS is also a major stakeholder in the restoration of coral reefs and has responsibilities for assessment and monitoring of the reef and restoration projects.

Mission Scope FKNMS has the mandate to assess injury sites in ultra-shallow water conditions (e.g., vessel groundings), including the requirement to generate bottom topography (bathymetry) of an injury area in sea grass beds and coral reefs.

FKNMS is unique within NOAA for its need to generate data in ultra-shallow water environments. To meet this requirement, FKNMS requires an autonomous surface vessel equipped with single-beam sonar unit and survey grade GPS for collection of bathymetry. A new uncrewed system, using programmable auto-navigation control, would increase the efficiency and quality of the injury assessments.

This ASV will typically be operated by a one or two man team in ultra-shallow waters (4 feet or less) to collect data at vessel grounding sites. It will most often be deployed by hand off open deck, small surface vessels, but may also be deployed from shore or from vessels of opportunity as well. Data collected must be of sufficient quality to generate bottom topography (bathymetry) in sea grass beds and coral reefs, and detect injury (changes in topography relative to adjacent reference areas) or change over time (changes from one deployment to another).

While intended primarily for habitat characterization work, this ASV may also be

PAGE 6 OF 34 1305M221QNCNA0086

used to collect data in emergency response scenarios to facilitate reopening of vital ports and waterways.

2.0 TECHNICAL REQUIREMENTS

Deliver to FKNMS, one integrated bathymetery ASV system, plus an option on a second unit, meeting the following requirements:

2.1 General Specifications

2.1.1 ASV

● SIZE & WEIGHT/DEPLOYMENT- Small enough (<1.5m length and 1m width) and light enough (<25 kg gross weight with full payload) to be manually deployable by one person;

● Sized to be manually loaded onto and deployed overboard at an injury site from the deck space of small, open vessels (20 to 30 feet LOA);

●Handles should be provide on the top side or port side to facilitate deployment;

● ENDURANCE – Minimum of 5 hours of battery power for continuous survey operation with all sensors operating;

● PROPULSION - A drive system capable of maintaining a pre-programmed course in open water, coastal environments with currents, tides, wind and waves. The ASV must be able to follow pre-planned survey tracks within 0.5m, under sea states up to Beaufort Sea State Scale 3.

Propulsion thruster(s) must have debris protection.

● SPARES – Vendor shall provide a field spares kit for common field repairs. This may include, as appropriate, spare thruster, O-rings or seals, cables, thruster guards, etc. One set of a spare battery(ies) must be included as well.

● SHIPPING CASE – Provide a shipping case for the ASV and spares kit. Separate cases for the ASV and spares is acceptable.

● Design elements taken to waterproof electronic connections and hardware must be documented as part of the technical specifications.

2.1.2 Sensors & Hardware

The ASV must be configured to support single-beam bathymetry surveying with survey grade positioning. Single point depth readings are required; not swath benthic mapping. To support this, the ASV must include hardware to be able to log integrated individual point data records from position and depth sensors on no more than a once per second interval:

● ECHO SOUNDER - Single beam depth sounder/smart transducer (e.g., Airmar SS510 or equivalent) capable of producing data down to 0.3 m depth of sea water below the transducer.

● GPS – The GPS must be capable of <0.5 m horizontal precision, not relying on RTK to achieve accuracy.

● DATA RECORDER – On-board data integration and logging hardware.

PAGE 7 OF 34 1305M221QNCNA0086

● CAMERA - A GPS-enabled camera capable of taking down-view underwater photos at an automated rate of the assessment site for ground-truthing;

2.1.3 Software

DATA RECORDER - Data logging software which integrates position and depth in a single record AUTO-NAVIGATION - Mission planning software to guide the unit through pre-programed survey transects. Users must have the ability to create mission plans in the field, plus develop pre-planned missions on an office PC which are then transferred to the ASV navigation controller.

OUTPUT - The data logging system must be capable of minimally producing a text/CSV data file, and an ESRI ArcGIS Pro compatible shape or layer file. Data transfer modes must include WiFi or Bluetooth, plus direct transfer via USB or by SD memory cards.

MANUAL OPERATION - To support emergency response work, the unit must be capable of collecting data while being operated under manual control (i.e., remote control mode)

● All software used in the system must be individually categorized as open source, off-the-shelf software, or proprietary software. The operating system(s) must also be identified.

● The system must provide capability for real-time monitoring of performance on a remote device (e.g., laptop) aboard a nearby support surface vessel.

Additionally, manual over-ride of the pre-programmed survey tracts, as well as resumption of the planned tracts, is required. This capacity must allow for clearing of the drive propulsion and/or avoidance of obstructions. Data collection may continue during override operation.

2.1.4 Other Requirements

● Two days of on-site, on-the-water training for up to 5 people per day is required. This is to be composed of hands-on sanctuary staff operating the unit under direction from training personnel. Training must take place for one day each from Key Largo and Key West on mutually agreed upon dates within two months of delivery.

● Provide manufacturer’s warranty for manufacturing defects of 12 months following the date of the last on-site training.

● Manufacturer technical support for diagnosis and repair of malfunction issues must be readily available; 85% of the time, response time to requests for assistance must be within 24 hour of telephone or email notice.

Technical support must be available at no additional cost for two years from the date that training is delivered to the address below, and as needed for an additional cost following the two-year period through an additional contract action. The one-year warranty period must also support on-site manufacturer repairs or return of the unit at government cost for manufacturer repairs.

● A step-by-step, written, simplified Standard Operational Procedure (SOP) for conducting a bathymetric survey using the unit must be supplied prior to on-site training.

PAGE 8 OF 34 1305M221QNCNA0086

● A simplified wiring diagram showing connections, with wire color coding, between major ASV components (eg, battery(ies), propulsion, GPS, transducer, data logger, navigation controller, etc.) shall be provided.

Internal wiring of individual components does not need to be documented.

● The unit must be expandable to include the potential addition of side-scan sonar and an Inertial Movement Sensor (IMS). The data logging system must be expandable to integrate IMS output with position and depth records.

Final acceptance is subject to field validation of the units’ capabilities to operate in the environmental conditions of the Florida Keys, and meet the above requirements.

Purchase of a second unit would be an option to be exercised upon successful demonstration and operation of the first unit.

3.0 PERIOD OF PERFORMANCE

3.1 Delivery

The vendor shall deliver the ASV and ancillary deliverables no later than 4 months from the date of contract award.

3.2 Delivery Address

The vendor shall deliver the vehicle and ancillary equipment to the following address:

Michael Buchman 33 East Quay Road Key West FL 33040

The delivery address may be changed to the address below and the Contractor shall be notified of the change through a contract modification to the purchase order:

Michael Buchman 95230 Overseas Highway Key Largo FL 33037

4.0 GOVERNMENT FURNISHED EQUIPMENT

The government shall provide a small vessel and crew to depart from Key Largo and also from Key West to conduct training operations at demonstration sites of the government’s choosing.

5.0 TECHNICAL REPRESENTATIVE

Michael Buchman Chief of Staff NOAA/Florida Keys National Marine Sanctuary 305-809-4693Office

PAGE 9 OF 34 1305M221QNCNA0086

305-360-1654 Cell Mike.Buchman@noaa.gov

6.0 GOVERNMENT POINT OF CONTACT (GPOC)

Kathleen Jamison Deputy Superintendent NOAA/Florida Keys National Marine Sanctuary 305-809-4689 Office 202-302-7600 Cell Kathleen.jamison@noaa.gov

7.0 INVOICING

All invoices shall be emailed or sent to the Government Point of Contact.

8.0 INFORMATION TECHNOLOGY AND SECURITY CONSIDERATIONS

ISSO should insert IT and security considerations here

OFFEROR INSTRUCTIONS

PAGE 10 OF 34 1305M221QNCNA0086

INSTRUCTIONS TO OFFERORS

SOLICITATION: 1305M221QNCNA0086

NAICS: 334519, Other Measuring and Controlling Device Manufacturing

FSC Code: 1925, SPECIAL SERVICE VESSELS

SBA SIZE STANDARD: 500 EMP

Quotes should be emailed to bryton.curtis@noaa.gov.

BASIS FOR AWARD:

The government intends to award as a blanket purchase agreement requirement to the responsive responsible quoter(s) providing the best value to the government, considering both price and non-price factors. The award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors. This requirement is 100% set aside for small business concerns.

SYSTEM FOR AWARD MANAGEMENT (SAM):

In accordance with FAR 52.212-1(k), unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall have an active registration in the SAM database at the time quotes are submitted, during performance and through final payment of any contract resulting from this solicitation. If the offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov under Acquisition Systems or www.sam.gov.

SUBMISSION OF QUOTES:

Quotes must be submitted by electronic means for consideration of award. Electronic quotes may be transmitted by email to bryton.curtis@noaa.gov. It is the Offeror’s responsibility to ensure their electronic offer has been received. Quotes that are received missing required additional documentation as stated within this document, and which are not submitted by electronic means will be found to be non-compliant and not considered for award. If you have any questions regarding the quoting process please contact Bryton Curtis at 816-426-2304.

The following information is to be returned:

1. Page 1 (complete blocks 17a, 30a, 30b and 30c)

PAGE 11 OF 34 1305M221QNCNA0086

2. Page 3 (fill in your quote/prices)

3. Your DUN & Bradstreet (D&B) D-U-N-S Number. If you do not have a DUNS Number, you may request one at http://fedgov.dnb.com/webform. There is no charge for getting a DUNS Number.

4. Contractor representations and certifications shall be completed in the System for Award Management (www.sam.gov). Contractors shall provide a statement that they either are or are not registered and active in SAM.

5. Your response to CAR Clause 1352.209-74(c), Organizational Conflict of Interest – Contractors shall provide a statement that they either do or do not have conflict of interest.

6. As requested in CAR Clause 1352.213-70, Provide your response to the factors used to evaluate quotes.

7. An email address and telephone number where you can be reached for future correspondence.

Contractors who do not respond to items 1 through 7 may be considered non-compliant with the requirements of the solicitation and no further consideration shall be given for award.

QUESTIONS:

All questions must be submitted via email to the Contracting Specialist, Bryton Curtis at email Bryton.curtis@noaa.gov. Contacting anyone other than the contracting specialist regarding this solicitation is not permitted, and the may result in delay or removal from the solicitation process. The government will make every effort to reply to the questions submitted in a timely manner

EVALUATION CRITERIA UTILIZING SAP

PAGE 12 OF 34 1305M221QNCNA0086

1352.213-70 Evaluation utilizing Simplified Acquisition Procedures.

The Government will issue an order resulting from this request for quotation to the responsible offeror whose quotation results in the best value to the Government, considering both price and non-price factors. Award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors. The following factors will be used to evaluate quotations:

(1) Specifications. The offeror’s ability to meet all listed in the drawings specifications will be evaluated to determine as appropriate, successful conformance to the contract requirements.

NOAA, in conjunction with the Florida Keys National Marine Sanctuary (FKNMS), will evaluate the offeror’s specification information. Offerors who fail to meet the specification shall be considered noncompliant to the solicitation.

(2) Past Performance. The offeror's past performance on related contracts will be evaluated to determine, as appropriate, successful performance of contract requirements, quality and timeliness of services, cost management, communications between contracting parties, proactive management and customer satisfaction.

The contractor shall provide a list of at least two but no more than three contacts, including phone numbers, of past performance references that you have successfully accomplished supplies similar to size and scope of those listed in the statement of objectives.

(2) Price. The Government will evaluate the offeror’s quoted pricing listed for this RFQ. Pricing will be determined by adding the totals of CLINs 0001 through 0002. NOAA will evaluate the quoter’s proposed price for fairness and reasonableness in relation to the RFQ’s requirements.

The Government reserves the right not to award a contract.

All offers received will be evaluated in accordance with the evaluation criteria. The government reserves the right to make an award without discussions based solely on initial quotes. Therefore, offerors should ensure that their initial quote constitutes their best offer in terms of both price and specifications being proposed.

(End of clause)

SUBMITTAL OF INVOICES

PAGE 13 OF 34 1305M221QNCNA0086

1330-52.243-70 SUBMITTAL OF INVOICES (FEB 2011)

The contractor shall prepare and submit an invoice to the designated official for approval with a copy to the contracting officer for information. All invoices shall be submitted by the 10th day of the subsequent month.

THE DESIGNATED GOVERNMENT OFFICIAL RESPONSIBLE FOR ACCEPTANCE

AND APPROVAL OF INVOICES SHALL BE AS SHOWN ON PAGE 3 OF THE

PURCHASE ORDER.

To constitute a proper invoice, the contractor’s invoice shall be prepared in accordance with, and contain all elements specified in FAR 52.212-4, paragraph (g), entitled, “Invoice.”

If the invoice does not comply with FAR 52.212-4(g), the designated government official shall return the invoice to the contractor within seven days after the date the invoice was received with a statement as to the reasons why it is not a proper invoice.

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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

https://www.acquisition.gov/browse/index/far

(End of Provision)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

https://www.acquisition.gov/browse/index/far

(End of Clause)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

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

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

(b) The use in this solicitation or contract of any FEDERAL ACQUISITION REGULATION (48 CFR clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End Of Clause)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

(Reference 52.204-7)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

(Reference 52.204-13)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

(Reference 52.204-16)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

(Reference 52.204-18)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (OCT 2020)

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 Items. 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-

PAGE 14 OF 34 1305M221QNCNA0086

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.

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(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.

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2020)

(Reference 52.212-1)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (FEB 2021)

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

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interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-

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

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

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

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

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

(6) Have been voluntarily suspended.

"Sensitive technology"

(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

PAGE 17 OF 34 1305M221QNCNA0086

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.

"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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

"Women-owned 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.

"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.

(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 Items, 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 will 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.

PAGE 18 OF 34 1305M221QNCNA0086

(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.

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

(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) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

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

(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126;

and

(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture:

__________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

(i) It [_] has, [_] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It [_] has, [_] has not, filed all required compliance reports.

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

(i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the…