Mobile Vehicle Detailing Combined Synopsis FA700023Q0020 _1Feb2023 _FINAL.pdf

USAFA Mobile Vehicle Detailing Service Solicitation #: FA700023Q0020

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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 Request for Quotation (RFQ) number FA700023Q0020 shall be used to reference any written quote provided under this RFQ.

The RFQ document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-1; Effective 1 December 2022.

This is a 100% set-aside for Small Business (SB).

The North American Industry Classification System (NAICS) code for this project is 811192, Automotive Detail Shops, Car Detailers, Car Washes with a size standard of $9M.

NONPERSONAL SERVICES: The scope of services include polishing, disinfecting, vacuuming, and removing all debris from interior and exterior of vehicle in accordance with the attached Performance Work Statement (PWS) Vehicle Detailing Services – 23 Dec 22 (Attachment 1) and Service Contract Act Wage Determination, Revision 23, dated 27 December 2022 (attachment 2).

The U.S. Air Force Academy (USAFA), Colorado Springs, Colorado has a service requirement to routinely detail executive vehicles for USAFA events. An estimated 40-50 vehicles, primarily SUVs will be detailed per year. Vehicles will be washed by the Government personnel and the contractor would be responsible for drying, polishing, disinfecting and vacuuming the vehicles identified by USAFA personnel. This requirement is anticipated to be awarded as a firm fixed-price, multiple award Blanket Purchase Agreement (BPA) with a 5-year ordering period. The estimated period of performance is set to begin in Q1 2023; firm dates have not yet been determined. The contractor shall provide qualified supervision, transportation, equipment, tools, materials, chemicals and other items or services as needed.

Prices quoted must be Firm-Fixed Price based on F.O.B Destination.

*FAR Provision 52.212-1, Instructions to Offerors – Commercial Items (Nov 2021) applies to this acquisition and the following addendum applies:

Addendum to FAR 52.212-1, Instructions to Offerors -- Commercial Items (Nov 2021):

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

Paragraph (a) first sentence revised as follows: “The NAICS code and small business size standard for this acquisition appear above.”

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

NOTICE TO OFFERORS: The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse a quoter for any costs.

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Quotes must comply with all instructions contained IAW FAR 52.212-1 and the addenda to FAR 52.212- 1, Instructions to Offerors--Commercial Items (listed below).

1. General Instructions. To assure timely and equitable evaluation of quotes, the quoter must follow the instructions contained herein. Quoters are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to meet a requirement may result in a quote being ineligible for award. Quoters must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale.

Quotes and contract documentation shall be provided NLT 4:00 pm Mountain Standard Time (MST), 9 February 2023 at 10 CONS/PKB. Please submit quotes to both individuals listed below by e-mail to the attention of Fenton Fitzgerald, Contract Specialist, fenton.fitzgerald.2@us.af.mil and Susan Ulma, Contracting Officer, susan.ulma@us.af.mil.

All questions shall be submitted no later than 4:00 p.m. MST, 3 February 2023 by email to, fenton.fitzgerald.2@us.af.mil and susan.ulma@us.af.mil

RFQ due date: 9 February 2023 RFQ due time: 4:00 P.M. MST Email to fenton.fitzgerald.2@us.af.mil and susan.ulma@us.af.mil

THIS MUST BE SENT TO FENTON FITZGERALD and SUSAN ULMA AS STATED BELOW.

YOU MAY WISH TO PLACE A READ/DELIVERY RECEIPT.

Note: .zip files are not an acceptable format for the Air Force Network and will not go through our email system. Offers have the option to submit documents using DOD SAFE at https://safe.apps.mil/ * If using DODSAFE please email Fenton Fitzgerald and Susan Ulma with the passcode.

Please submit no more than 4 pages in response to this request. After 2 pages, the Contracting Officer will not continue to evaluate information. One page is considered to be one side of an 8 ½” x 11” piece of paper in a minimum of 12 font, single spaced. It is the quoter’s responsibility to complete their representations and certifications at https://www.sam.gov for the quote to be eligible to be evaluated for award.

All companies must have an active registration in the System for Award Management at https://www.sam.gov to be considered for award. The Government will not provide contract financing for this acquisition. Invoice instruction shall be provided at time of award.

Late submissions: Quoters are responsible for submitting quotations so as to reach the Government office designated in the solicitation by the time specified in the solicitation. Any quotes received at the Government office designated in the solicitation after the exact time specified for receipt of quotations is late and may not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late quotation would not unduly delay the acquisition.

The contractor’s quote/response shall consist of two (2) separate parts:

Part I – Price Quote Part II – Technical –Detailing Strategy

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Part I – Price Quote

The quoter shall submit a quote identifying unit prices for each Item Number as shown below. Use the price quote table and PWS (Attachment 1) to determine price.

Price Quote: Quoters shall provide pricing IAW table below.

ITEM DESCRIPTION QTY UNIT UNIT PRICE

0001 SUV Detailing 1 EA $ 0002 Sedan Detailing 1 EA $

Part II – Technical Effort –Detailing Strategy

Quoter shall submit strategy to detail 10 vehicles in 8 hours using the Technical Effort Form (Attachment 3). A point of contact must be provided so the Government can verify the information provided. Limit to 2 pages for technical effort.

NOTE: Do not leave any of the above information blank. This information may also be used in determining responsibility. If a joint venture is contemplated, provide complete information as to the agreement. The submitted technical effort citation must have been completed by the joint venture itself or by one of the joint venture partners individually.

FAR 52.212-2, Evaluation -- Commercial Items (Nov 2021) This tailored clause takes precedence over the clause incorporated by reference.

(a) Award will be made based on the competitive quote with the Lowest Price Technically Acceptable (LPTA) with technical factor evaluation criteria on an acceptable/unacceptable basis. If the technical factor is determined to be unacceptable that quote will not be evaluated further and will not be eligible for award. The Government intends to award multiple blanket purchase agreements based on this request for quote.

The following factors shall be used to evaluate quotes:

Part I -Price;

Part II - Technical - Capability of the service to meet the Government’s requirement

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

Addendum to FAR 52.212-2 -- Evaluation -- Commercial Products and Commercial Services (Nov 2021).

1. Evaluation:

By submission of its offer, the offeror agrees to all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as

4 | P a g e evaluation factors. Failure to adhere to all solicitation requirements may result in an offer being determined unacceptable and ineligible for further evaluation. The determination to eliminate an offeror from further evaluation for failure to adhere to solicitation requirements is at the Government’s sole discretion. The evaluation process shall proceed as follows:

Step I – Solicitation Requirements

All quotes submitted will be reviewed for completeness to determine if they contain all information requested in the addenda to FAR 52.212-1. Quotes that are incomplete or missing information may be excluded from the evaluation.

Step II – Price Evaluation Quotes will be ranked according to total price of CLIN 0001 and CLIN 0002. The price evaluation will document the reasonableness and affordability of the proposed total price. Proposed price should be all inclusive to include includes labor, supervision, overhead, material removal, etc.

Step III – Technical Evaluation

Pass fail, contractor’s must provide technical approach on how they will detail 10 vehicles in 8 hours. Limit 2 pages.

Initially, the Government will place all quotes that meet the requirements of the solicitation in order by price, beginning with the lowest price technically acceptable.

Technical Factor:

Rating Description Acceptable Quote meets the requirements of the solicitation.

Unacceptable Quote does not meet the requirements of the solicitation

Delivery Method. Only electronic versions are being requested. Proposals shall be emailed to:

susan.ulma@us.af.mil and fenton.fitzgerald.2@us.af.mil.

Attachment 1 – Performance Work Statement (PWS) Vehicle Detailing Services – 23Dec2022 Attachment 2 – Wage Determination, Revision 23, dated 27 December 2022 Attachment 3 – Technical Effort Form

(End of Provision)

FAR Provision *52.212-3, Offeror Representations and Certifications -- Commercial Items (Dec 2022), with its Alternate I (Oct 2014), applies to this acquisition. All vendors must be registered in System for Award Management at https://www.sam.gov/portal/public/SAM/ at the time of Quote submittal.

FAR clause at 52.212-4, Contract Terms and Conditions -- Commercial Items (Dec 2022), applies to this acquisition with the following Addendum: Paragraph (c) of this clause is tailored as follows:

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ADDENDUM 52.212-4(c) Changes in terms and conditions of this contract may be made only by written agreement of the parties with the exception of certain changes such as administrative changes including changes in paying office, appropriations data, etc. authorized by the Federal Acquisition Regulation and its supplements that may be made unilaterally by the Contracting officer (for a complete list of changes that may be made unilaterally, see FAR 43.103(b)).

(End of Addendum)

ADDENDUM TO FAR 52.228-5

IAW FAR 28.307-2, Required Insurance Reference FAR Clause 52.228-5, entitled "Insurance--Work on a Government Installation", the Contractor shall, at its own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract.

1) Workmen's Compensation and Employers Liability Insurance as required by law that if this contract is to be performed in a State which does not require or permit private insurance, then compliance with the Statutory or administrative requirements in any such State will be satisfactory. The required Workmen's Compensation insurance shall extend to cover employer's liability for accidental bodily injury or death and for occupational disease with a minimum liability limit of $100,000.

2) General Liability Insurance. Bodily injury liability insurance, in the minimum limits of $500,000 per occurrence shall be required on the comprehensive form of policy.

3) Automobile Liability Insurance. This insurance shall be required on the comprehensive form 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. At least the minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage shall be required.

(End of Addendum)

ADDENDUM TO AFFARS 5352.242-9000

In the performance of this contract, or lease agreement, all contractors, sub-contractors, non- Federal entities, or recipients, shall promptly report pertinent facts regarding mishaps involving reportable damage or injury to government personnel or government property damage coincident to work performed as part of the Statement of Work, that occurs on or off of an Air Force installation, in accordance with para 2.14, DAFI 91-204, Safety Investigations & Reports.

"Promptly report pertinent facts regarding mishaps involving reportable damage or injury to the DAF and to cooperate in accordance with this instruction, in any DAF investigation. (T-1) Cooperation will include toxicology testing. (T-1) For additional guidance on contracts see AFI 91-202." (AFI 91-202, The US Air Force Mishap Prevention Program).

(End of Addendum)

DOCUMENT NUMBER SOLICITATION NUMBER

FA700023Q0020 (Not Set)

CLAUSES INCORPORATED BY REFERENCE

CLAUSE

NO

ALT NO/

DEV NO

CLAUSE TITLE YEAR-

MO

SECTION

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

2011-09 SEC I

252.203-7002 2022-12 SEC I

252.204-7004 2019-02 SEC I

252.204-7006 2005-10 SEC G

252.204-7008 2016-10 SEC L

252.204-7012 2019-12 SEC I

252.204-7015 2016-05 SEC I

252.204-7017 2021-05 SEC K

252.204-7018 2021-01 SEC I

252.225-7055 2022-05 SEC K

252.225-7056 2022-05 SEC I

252.232-7003 2018-12 SEC G

252.232-7009 2018-05 SEC G

252.232-7010 2006-12 SEC I

252.232-7017 2022-12 SEC I

252.237-7010 2013-06 SEC I

252.244-7000 2022-12 SEC I

52.204-13 2018-10 SEC I

52.204-16 2020-08 SEC L

52.204-18 2020-08 SEC I

52.204-7 2018-10 SEC K

52.212-1 2021-11 SEC L

52.212-4 2022-12 SEC I

52.232-40 2021-11 SEC I

252.204-7020 2022-03 SEC I

252.223-7006 2014-09 SEC I

252.225-7048 2013-06 SEC I

252.243-7001 1991-12 SEC I

252.246-7004 2010-10 SEC I

52.204-17 2020-08 SEC K

Requirement to Inform Employees of Whistleblower Rights.

Antiterrorism Awareness Training for Contractors.

Billing Instructions.

Compliance with Safeguarding Covered Defense Information

Controls.

Safeguarding Covered Defense Information and Cyber

Incident Reporting.

Notice of Authorized Disclosure of Information for Litigation

Support.

Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services-Representation.

Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services.

Representation Regarding Business Operations with the Maduro Regime.

Prohibition Regarding Business Operations with the Maduro Regime.

Electronic Submission of Payment Requests and Receiving Reports.

Mandatory Payment by Governmentwide Commercial Purchase Card.

Levies on Contract Payments.

Accelerating Payments to Small Business Subcontractors-

Prohibition on Fees and Consideration.

Prohibition on Interrogation of Detainees by Contractor

Personnel.

Subcontracts for Commercial Items.

System for Award Management Maintenance.

Commercial and Government Entity Code Reporting.

Commercial and Government Entity Code Maintenance.

System for Award Management.

Instructions to Offerors-Commercial Products and Commercial Services.

Contract Terms and Conditions-Commercial Products and Commercial Services.

Providing Accelerated Payments to Small Business Subcontractors.

NIST SP 800-171 DoD Assessment Requirements. Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous

Materials.

Export-Controlled Items.

Pricing of Contract Modifications.

Safety of Facilities, Infrastructure, and Equipment for Military

Operations.

Ownership or Control of Offeror.

52.237-2 Protection of Government Buildings, Equipment, and

Vegetation.

1984-04 SEC I

CLAUSES IN FULL TEXT

CLAUSE

NO

ALT NO/

DEV NO

CLAUSE TITLE YEAR-

MO

CLAUSE TEXT

252.232-7006 Wide Area WorkFlow Payment Instructions. 2018-12

As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) As used in this clause-Definitions.

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) The WAWF system provides the method to electronically processElectronic invoicing.

vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) To access WAWF, the Contractor shall-WAWF access.

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) The Contractor should follow the training instructions of the WAWF Web-WAWF training.

Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

(e) Document submissions may be via web entry,WAWF methods of document submission.

Electronic Data Interchange, or File Transfer Protocol.

(f) The Contractor shall use the following information whenWAWF payment instructions.

submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) The Contractor shall submit payment requests using the following Document type.

document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items-

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(f) [Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]

(3) The Contractor shall use the information in the Routing Data Table Document routing.

below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC ____

Issue By DoDAAC ____

Admin DoDAAC ____

Inspect By DoDAAC ____

Ship To Code ____

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) ____

Service Acceptor (DoDAAC) ____

Accept at Other DoDAAC ____

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) The Contractor shall ensure a payment request includes documentation Payment request.

appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) The Contractor shall ensure a receiving report meets the requirements Receiving report.

of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

(Contracting Officer: Insert applicable information or "Not applicable.")

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment.

2021-11

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

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

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

As used in this provision-(a) Definitions.

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

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

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

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

Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal (2) 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-

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

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

The Offeror shall review the list of excluded parties in the System for Award (c) Procedures.

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

The Offeror represents that-(d) Representation.

It(1) 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

After conducting a reasonable inquiry, for purposes of this representation, the Offeror (2) 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. Disclosure for the representation in paragraph (d)(1) of this provision. If the (1) 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:

For covered equipment-(i)

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

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

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

For covered services-(ii)

If the service is related to item maintenance: A description of all covered (A) 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

If not associated with maintenance, the Product Service Code (PSC) of the service (B) 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.

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

For covered equipment-(i)

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

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

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

For covered services-(ii)

If the service is related to item maintenance: A description of all covered (A) 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

If not associated with maintenance, the PSC of the service being provided; and (B) 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.

2022-12

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

Offeror Representations and Certifications-Commercial Products and Commercial Services (Dec 2022)

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

. As used in this provision-(a) Definitions

"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.

means a small Economically disadvantaged women-owned small business (EDWOSB) concern business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

means all work or service-Forced or indentured child labor

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

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

means the entity that owns or controls an immediate owner of the offeror, or Highest-level owner 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.

means an entity, other than the offeror, that has direct control of the offeror. Immediate owner 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.

, means a foreign incorporated entity that meets the definition of an Inverted domestic corporation 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).

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

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

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

PSG 88, Live Animals;(3)

PSG 89, Subsistence;(4)

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

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

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

PSC 9610, Ores;(8)

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

PSC 9630, Additive Metal Materials.(10) means the place where an end product is assembled out of components, or Place of manufacture 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.

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

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

means business operations in Sudan that include power production Restricted business operations 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-

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

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

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

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

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

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

-Sensitive technology

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

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

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

Does not include information or informational materials the export of which the President (2) 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

Means a small business concern-(1)

Not less than 51 percent of which is owned by one or more service-disabled veterans or, (i) 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

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

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

-Small business concern

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

, as used in this definition, means business concerns, one of whom directly or (2) Affiliates 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.

, consistent with13 CFR 124.1002, means a small business Small disadvantaged business concern concern under the size standard applicable to the acquisition, that-

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

One or more socially disadvantaged (as defined at13 CFR 124.103) and economically (i) disadvantaged (as defined at ) individuals who are citizens of the United States; and13 CFR 124.104

Each individual claiming economic disadvantage has a net worth not exceeding (ii) $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

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

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

Directly by a parent corporation; or(1)

Through another subsidiary of a parent corporation(2) means an entity that has replaced a predecessor by acquiring the assets and carrying out Successor 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.

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

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

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

means a concern which is at least 51 percent owned by one or Women-owned business concern more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women means a small business concern-Women-owned small business concern

That is at least 51 percent owned by one or more women; or, in the case of any publicly (1) owned business, at least51 percent of the stock of which is owned by one or more women; and

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

(in accordance Women-owned small business (WOSB) concern eligible under the WOSB Program with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b) . Any changes provided by the Offeror in (1) Annual Representations and Certifications paragraph (b)(2) of this provision do not automatically change the representations and certifications in

SAM.

The offeror has completed the annual representations and certifications electronically in (2) 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.

Offerors must complete the following representations when the resulting contract is for (c) supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

. The offeror represents as part of its offer that-(1) Small business concern

It(i) is, is not a small business concern; or

It(ii) is, is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [ The offeror shall enter the name and unique entity identifier of each party to the

__.]joint venture:

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

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

offeror represents as part of its offer that-

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

The offeror represents that it(6) WOSB joint venture eligible under the WOSB Program.

is, is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The __.]offeror shall enter the name and unique entity identifier of each party to the joint venture:

The (7) Economically disadvantaged women-owned small business (EDWOSB) joint venture.

offeror represents that it is, is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The __.]offeror shall enter the name and unique entity identifier of each party to the joint venture:

). [(8) 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

.] The offeror represents that itparagraph (c)(1) of this provision is a women-owned business concern.

. If this is an invitation for bid, small (9) Tie bid priority for labor surplus area concerns 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 .] The offeror represents, as part of its offer, small business concern in paragraph (c)(1) of this provision that-

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

It(ii) is, is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [ __.] The offeror shall enter the name and unique entity identifier of each party to the joint venture:

Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.

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

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

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

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.

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

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

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

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

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

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

Foreign End Products:(2)

Line Item No. Country of Origin Exceeds 55% domestic content (yes/no)

[ ]List as necessary

Domestic end products containing a critical component:(3)

Line Item No. ____

[ ]List as necessary

The Government will evaluate offers in accordance with the policies and procedures of (4) FAR part 25.

(g) . (Applies only if the (1) Buy American-Free Trade Agreements-Israeli Trade Act Certificate clause at FAR 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.)

(i) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) (A) or (iii) of this provision, is a domestic end product and that each domestic end product listed in paragraph (g)(1)(iv) of this provision contains a critical component.

The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," (B) "commercially available off-the-shelf (COTS) item," "critical component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

The Offeror certifies that the following supplies are Free Trade Agreement country end (ii) products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements- Israeli Trade Act."

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line Item No. Country of Origin

[ ]List as necessary

The Offeror shall list those supplies that are foreign end products (other than those (iii) listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products.