N0018925QZ527_Combined_Synopsis-Solicitation.pdf

This is a COMBINED SYNOPSIS/SOLICITATION for commercial products prepared in accordance with the format in FAR Subpart 12.6, using Simplified Acquisition Procedures found at FAR Part 13, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This combined synopsis/solicitation SHALL be posted on both SAM.gov (https://www.sam.gov) and NECO (http://www.neco.navy.mil/).

The solicitation number is N0018925QZ527 and is issued as a Request for Quote (RFQ), unless otherwise indicated herein. This solicitation documents and incorporates provisions and clauses in effect through FAC 2025-04 and DFARS Publication Notice 20250117. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses: https://www.acquisition.gov/far/ and https://www.acquisition.gov/dfars.

The NAICS code is 336611 (Ship Building and Repairing) and the Small Business Standard is 1,300 employees.

The proposed contract is for boat hull preservation/restoration and mechanical maintenance and servicing for Cummins and Hamilton components on two Maritime Preposition Force Utility Boats (MPFUBs) on behalf of Navy Reserve Center (NRC) Baltimore for which the Government intends to solicit and award a Firm-Fixed-Price (FFP) contract to quoter that is most advantageous to the Government. The proposed contract action is a 100% Small Business Set-Aside (SBSA) and only qualified vendors may submit quotes.

PERFORMANCE WORK STATEMENT (PWS) FOR

Maritime Preposition Force Utility Boat Maintenance (MPFUB)

Navy Reserve Center (NRC) Baltimore, MD

1. INTRODUCTION

The purpose of each reserve component is to provide trained units and qualified persons available for active duty in the armed forces, in time of war or national emergency, and at such other times as the national security may require, to fill the needs of the armed forces whenever more units and persons are needed than are in the regular components.

NRC Baltimore is responsible for the readiness of Selected Reserve Sailors in the Maryland area and oversees the mobilization and demobilization process for both individual augmentees and unit deployments and supports the families of those Reserve Sailors deployed in support of military operations worldwide.

2. BACKGROUND

NRC Baltimore operates several crafts and routinely conducts simulation exercises for effective and efficient action in the event of a real-world incident. The Command requires the overhaul of MPFUB-20 and MPFUB-24 in accordance with the 5-year maintenance plan indicated in the NAVSEAINST 4790.8B Ship Maintenance and Material Management Manual, Maintenance Index Pages (MIP) Series 59A3/1A1 Maintenance Requirement Card

(MRC) 60M-1R.

3. SCOPE OF WORK

3.1 This is a Firm-Fixed-Price All-Inclusive Project. The vendor is responsible for (but not limited to) the following:

3.1.1 Providing all the requisite personnel, supplies and equipment necessary to successfully perform the overhaul process. This includes properly trained and certified personnel (with appropriate Personal Protective Equipment/PPE) in performing tasks in support of this effort.

3.1.2 The Government Technical Points of Contacts (GTPOC) shall provide liaison and coordination between the vendor (contract awardee) and NRC Baltimore, as needed in support of this project. However, compliance with and adherence to existing federal, state and local laws and regulations shall be the sole responsibility of the vendor.

3.1.3 The vendor shall also provide a Primary and Alternate Point of Contact to the GTPOC for the length of the performance of the contract.

3.1.6 The vendor shall contact the GTPOC when the need for additional work is identified. A written itemized quote that includes the period of time, repair parts, and consumable supplies needed to perform the work will be submitted.

The vendor shall NOT initiate the work without prior written authorization from the GTPOC. The GTPOC, in turn, will submit the necessary documentation to the Contracting Officer for any additional work that is within the scope of the original contract.

4.0 VESSEL DATA INFORMATION

Manufacturer: KVICHAK MARINE INDUSTRIES

Model Numbers: 40WB0806 for MPFUB20

40WB0903 for MPFUB24

Type: Maritime Preposition Force Utility Boat (MPFUBs)

Design: Aluminum hull

Length: 44.1 ft.

Beam: 14.5 ft.

Displacement fully loaded: 40,373 lbs.

Draft fully loaded: 2.5 ft.

Hoist weight: 40,000 lbs.

Shipping weight: 24,663 lbs

Fuel Capacity: 600 gal.

Propulsion: 2 Cummins QSM-11-670-GS’s

Rate Horsepower: 660 BHP @ 2300 RPM

Electrical System: 24-volt DC

Propulsion Details: 2 Hamilton Waterjets HJ3634R1

Tow pad eye max capacity: 9000 lbs.

Cleat strength: 1250 lbs. vertical pull

5.0 PERFORMANCE OBJECTIVES:

5.1 Vendor shall perform all, but not limited to, the following, in accordance with NAVSEAINST 4790.8B Ship Maintenance and Material Management Manual, Maintenance Index Pages (MIP) Series 59A3/1A1 Maintenance Requirement Card (MRC) 60M-1R.

5.1.1 Block and power wash craft.

5.1.2 Sand blast bottom of hull with either glass bead or walnut shell to remove all anti-fouling paint, epoxy and rubber coating to bare aluminum.

5.1.3 Tenting of boats and media removal and disposal.

5.1.4 Sand waterlines after recycled glass blast to remove last remnants of paint that is too close to hull surface above waterline for blasting removal safely.

5.1.5 Power wash bottoms and clean with aluminum prep before coating with epoxy.

5.1.6 Apply 3 coats Sherwin-Williams Seaguard 5000 epoxy @ 5-6 mil DFT per coat.

5.1.7 Sand the last coat of epoxy to promote the best adhesion of the bottom paint possible. Applying the first AF coat over a “hot coat” or tack coat of epoxy is also acceptable.

5.1.8 Prep, mask off, sand, wipe down and apply 2 coats of Sherwin-Williams Seavoyoage Copper-free Antifouling

– black.

5.1.9 Re-block twice to strip and then apply epoxy and paint coating to bottom of boats.

5.1.10 Remove and replace 10 square feet of 1” thick fire retardant lagging on overhead in the engine room of each boat.

5.1.11 Extract fuel contamination and heavy particulates.

5.1.12 Inject and blend fuel stabilizing catalyst and biocides as necessary.

5.1.13 Fine filter fuel.

5.1.14 Remove contaminated fuel from site.

5.1.15 Clean area and demobilize.

5.1.16 Install/replace all zinc anodes on Cummins GSM-11 engines and Hamilton HJ3634R1 waterjets.

5.1.17 Replace bulging/warped/compromised flexible hosing up to 12 feet of 3” wire reinforced hose that is bulging and compromised.

5.1.18 Perform and certified welding inspection on all welds on all handrails, cleats, pad eyes and stanchions.

5.1.19 Report all inspection reports and recommend repair actions.

5.1.20 Hamilton jet/Kraft Power-Minor overhaul and inspection to four HJ3634 waterjets. Inspection will include removal of the reverse deflector, steering shaft, tailpipe assembly and impellers to check critical tolerances and material conditions.

5.1.21 Mechanical seals, main bearings, HPU manifold and valves, reverse cylinder and main shaft coupling will be checked for deficiencies.

5.1.22 Reassembly will include new zinc anodes, o-rings, gaskets (impellers will be quoted separately in replacement as necessary.

5.1.23 Remove corrosion from engine foundations and mounts, stop rust and prime and repaint.

5.1.24 Drives are needed to be sandblasted and also painted.

5.1.25 Power tool clean all nonskid areas to SSPC-SP3.

5.1.26 Mask all deck fittings, waterways, etc, and apply one coat of Sherwin-Williams Seaguard 6000 and one coat of Resu-Grip 175 – Deck Gray to match existing noskid pattern.

5.1.27 Supply and install (1) new sea water pump on the STBD engine of Boat 20

5.1.28 Remove existing port and STBD P100 mounts.

5.1.29 Verify helm engine gauge accuracy with Cummins software.

5.1.30 Inspect and certify CO2 and PKP fire extinguishers.

5.1.31 Lube and return all seacocks to operable condition.

5.1.32 Open and inspect electric winches at bow ramp. Submit CFR.

5.1.33 Replace deck hatch gaskets as necessary to insure water-tight condition.

5.2 Vendor shall perform all, but not limited to, the following, in accordance with Cummins Manufacturer 3/6 year requirements, NAVSEAINST 4790.8B Ship Maintenance and Material Management Manual, and applicable Maintenance Index Pages (MIP) Series 59A3/1A1 Maintenance Requirement Card (MRC) requirements. All work must meet or exceed the manufacturer’s specifications and US Navy standards.

5.2.1 Replace sea water inlet hoses & engine outlet hoses to engines.

5.2.2 Perform Cummins required 3 year/1000 hour service to include:

Removing aftercoolers, ultrasonically clean, test & reinstall with new seals; Perform valve lash adjustments.

5.2.3 Perform full 6 year/1000 hour service which is in addition to the 3 year service above including:

Draining coolant & refilling.

Replacing all Cummins cooling system hoses.

Replacing thermostats.

Replacing crankcase filters.

Disassembling sea water pumps and inspecting.

Servicing air filters.

Replacing belts.

Inspecting isolators.

Visually inspecting for any leaks. Removing heat exchangers, trans coolers, and fuel coolers. Clean, test & reinstall with new seals.

Re-secure exhaust insulation as good as possible.

5.2.4 Generator repairs to include:

Remove and replace injectors. Perform valve lash adjustments.

5.3 NRC Baltimore staff will accommodate the contracting facility if any Sea Trials need to be conducted.

Contractors WILL NOT navigate the crafts to conduct Sea Trials without qualified staff members onboard.

6.0 OTHER REQUIREMENTS:

Personnel performing the mechanical work required must be a Cummins and Hamilton authorized service provider.

7.0 PERIOD OF PERFORMANCE:

All work shall start at time of award as soon as possible, but no later than 30 September 2025. Coordination on work shall be between the Government and the contractor. All such coordination shall be done through the Government Technical Point of Contact (GTPOC).

QUALITY ASSURANCE SURVEILLANCE PLAN

Purpose: To ensure that the Government has an effective and systematic method of surveillance for the services in the PWS. The QASP will be used primarily as a tool to verify that the contractor is performing all services required by the PWS in a timely, accurate and complete fashion.

1. Critical performance processes and requirements. Critical to the performance of Boat Preservation/Restoration and Mechanical Maintenance and servicing of two (2) Maritime Preposition Force Utility Boats (MPFUBs) is the timely, accurate and thorough completion of all contract/task order requirements.

2. Performance Standards

a. Schedule - The due dates for deliverables and the actual accomplishment of the schedule will be assessed against original due dates and milestones established for the contract or task order(s).

b. Deliverables – The deliverables required to be submitted will be assessed against the specifications for the deliverables detailed in the contract/task order(s) and the Quality Control Plan (QCP), if required by the contract, for the required content, quality, timeliness, and accuracy.

d. Past Performance - In addition to any schedule, deliverables, and cost aspects of performance discussed above, pursuant to FAR 42.15, the Government will assess the contractor’s record of conforming to contract requirements and to standards of good workmanship, the contractor’s adherence to contract schedules including the administrative aspects of performance, the contractor’s history of reasonable and cooperative behavior and commitment to customer satisfaction, and the contractor’s business-like concern for the interest of the customer.

3. Surveillance methods: The primary methods of surveillance used to monitor performance of this contract will include, but not be limited to, random or planned sampling, periodic or inspection, and validated customer complaints.

4. Performance Measurement: Performance will be measured in accordance with the following table:

Performance Element

Performance Requirement

Surveillance Method

Frequency Acceptable Quality Level

Contractor Quality Control Plan

QC activities, inspections, and corrective actions completed as required by the plan.

Inspection by the

COR

Quarterly for overall QC activities;

100% Compliance with the contractor plan.

As Required for corrective actions.

(If required by the contract)

Contract Deliverables

Contract deliverables furnished as prescribed in the PWS, attachments, CDRLs, Task Orders, etc., as applicable.

Inspection by the

COR

100% inspection of all contract deliverables.

>95% of deliverables submitted timely and without rework required.

Overall Contract Performance

Overall contract performance of sufficient quality to earn a Satisfactory (or higher) rating in the COR’s annual report on Contractor Performance

Assessment by the

COR

Annual All performance elements rated Satisfactory (or higher)

Invoicing Monthly invoices per contract procedures are timely and accurate.

Review & acceptance of the invoice

Monthly 100% accuracy

If performance is within acceptable levels, it will be considered to be satisfactory. If not, overall performance may be considered unsatisfactory.

Incentives/Disincentives:

The COR’s makes an annual report on Contractor Performance (CPARS or other annual report). The contractor’s failure to achieve satisfactory performance under the contract/task order, reflected in the COR’s annual report, may result in termination of the contract/task order and may also result in the loss of future Government contracts/task orders.

For each item that does not meet acceptable levels, the Government may issue a Contract Discrepancy Report (CDR). CDRs will be forwarded to the Contracting Officer with a copy sent to the contractor. The contractor must reply in writing within 5 days of receipt identifying how future occurrences of the problem will be prevented. Based upon the contractor’s past performance and plan to solve the problem, the Contracting Officer will determine if any further action will be taken.

In accordance with the inspection of services provisions of the contract, the contractor will be incentivized to provide quality products in a timely manner since the Government can require the Contractor, at no additional cost, to replace or correct work that fails to meet contract requirements.

Questions regarding this solicitation shall be submitted to Jason Zajac at jason.m.zajac2.civ@us.navy.mil no later than 12:00pm Eastern Time (Philadelphia) September 9, 2025. Quotes shall be submitted to Jason Zajac at jason.m.zajac2.civ@us.navy.mil no later than 05:00pm Eastern Time (Philadelphia) September 11, 2025.

Quote submissions received after the stated submission deadline may not be considered for award. All responsible small business sources may submit a quote, which shall be considered by the agency. A determination has been made by the Government to compete this proposed effort as a total small business set aside, based upon responses to this notice, this determination is solely within the discretion of the Government. Oral communications are not acceptable in response to this notice. Procedures in FAR Subpart 12.6, Streamlined Procedures for Evaluation and Solicitation of Commercial Items and FAR Part 13 Simplified Acquisition Procedures are applicable to this procurement. While price will be a significant factor in the evaluation of offers, the final contract award will be based on a combination of factors- price and, if necessary, past performance.

System for Award Management (SAM). Quoters must be registered in the SAM database to be considered for award.

Registration is free and can be completed on-line at http://www.sam.gov/.

All quotes shall include price(s) showing any and all materials and labor, FOB destination, a point of contact, name and phone number, business size, and payment terms. The quote shall explicitly confirm that the quoter can meet all of the Technical Requirements and provide all of the Deliverables for the period of performance specified above.

Each response must clearly indicate the capability of the quoter to meet all specifications and requirements.

NOTE: This solicitation is issued under the authority of FAR Subpart 13. To the extent that the words “offer” or “proposal” appear in this solicitation, they shall be construed to mean “quote” (or “quotation”), and to the extent that the word “offeror” appears in this solicitation, it shall be construed to mean “quoter”.

ADDENDUM TO 52.212-1, INSTRUCTIONS TO OFFERORS

In addition to FAR 52.212-1, “Instructions to Offerors – Commercial Items” and any other instructions contained elsewhere in this solicitation, the following instructions are provided. The Government intends to award a Firm Fixed Price (FFP) contract as a result of this solicitation in accordance with FAR Subpart 12.6, Streamlined Procedures for Evaluation and Solicitation of Commercial Items and FAR Part 13, Simplified Acquisition

Procedures. Award will be made to the quoter whose quote is most advantageous to the Government under the selection criteria set forth in this solicitation. The Government intends to evaluate quotes and award a contract based on initial quotes. Therefore, the quoter’s initial quote should contain the quoter’s best terms from a non-price (technical) and price standpoint.

INSTRUCTIONS FOR SUBMISSIONS OF QUOTES:

(1) Quote shall be submitted electronically no later than the due date of the solicitation.

(2) Quote shall include the following legend on each page:

Source Selection Information FAR 2.101 and FAR 3.104

QUOTE CONTENT:

The Quote should contain the following items in addition to other information required by this solicitation. The cover page should indicate the following:

Solicitation Number

Name and Address of Quoter, and Cage Code

Point of Contact name, telephone number, and email address

Quote valid of 60 days following the solicitation closing date

Price

No partial bids or additional items will be accepted. Failure to quote all CLINs or add additional items will result in ineligibility for award. In order to assist in the contracting officer’s price analysis, additional price information may be required and may consist of copies of applicable published price lists with effective dates, catalog pages of products, evidence of discounts off the published price lists, historical price/sales information supported by copies of paid invoices OR price breakdown of all cost elements.

The price submission is not page limited but is strictly limited to price information.

(End of Text)

ADDENDUM TO FAR PROVISION 52.212-2, EVALUATION – COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

The Government intends to award a contract resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Technical and Price

In order to be considered Acceptable, quoters must receive an acceptable rating for Factor I in its entirety.

Unacceptable technical rating will not be further evaluated and will not be considered for award.

Nothing in this provision limits the Contracting Officer’s discretion to rely on information available from other sources (e.g. past performance database, discussions with other entities familiar with the quoter, etc.) or to use any techniques described in FAR 9.1 when determining whether the quoter satisfies the FAR 9.104-1 general responsibility standards.

Factor I – Technical

The below rating table will be used in the evaluation of the non-price Factor I, Technical, to determine the technical capability of the quoter.

Rating Description

Acceptable Quote meets the requirements of the solicitation

Unacceptable Quote does not meet the requirements of the solicitation

NOTE: A rating of “Unacceptable” for Factor I disqualifies the quote from being award and is not susceptible to correction without what would be tantamount to the submission of an entirely new quote.

Factor II – Price

The quoter’s price will be evaluated on the basis of price reasonableness in accordance with FAR 13.106-3(a).

By submitting a quote, the quoter affirms that they are capable of performing and completing the work described in the solicitation.

The Government may evaluate any and all information submitted by the quoter to support the reasonableness of the prices proposed. The method of evaluation used by the Contracting Officer is solely within the discretion of the Contract Officer. Additionally, the Government may request that quoters submit additional information/data to support price reasonableness such as copies of redacted, paid invoices for the same or similar items or uncertified cost and pricing data. Failure to submit the requested information may result in disqualification of the submitted quote.

The Government will award on the basis of price unless the contracting officer is aware of past performance information related to the low price quote/offer which indicates that quote/offer may not represent the best value. In that case, the Government reserves the right to consider past performance of the quotes/offers, conduct a price – past performance tradeoff, and award to other than the lowest price quote/offer.

A written notice of award or acceptance of a quote e-mailed or otherwise furnished to the successful quoter(s) within the time for acceptance specified in the quote shall result in a binding contract without further action by either party.

Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

CLAUSES INCORPORATED BY REFERENCE

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

JUN 2020

52.204-7 System for Award Management NOV 2024

52.204-13 System for Award Management Maintenance OCT 2018

52.204-16 Commercial and Government Entity Code Reporting AUG 2020

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

SEP 2023

52.212-2 Evaluation - Commercial Items NOV 2021

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

NOV 2023

52.222-41 Service Contract Labor Standards AUG 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.247-34 F.O.B. Destination JAN 1991

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023

252.204-7012 (Dev) Safeguarding Covered Defense Information and Cyber Incident Reporting (DEVIATION 2024-O0013 REVISION 1)

MAY 2024

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

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

JAN 2023

252.204-7022 Expediting Contract Closeout MAY 2021

252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023

252.211-7003 Item Unique Identification and Valuation JAN 2023

252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010

252.225-7048 Export-Controlled Items JUN 2013

252.225-7055 Representation Regarding Business Operations with the Maduro Regime

MAY 2022

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

JAN 2023

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region - Representation

JUN 2023

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

JUN 2023

252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2024-O0014)

AUG 2024

252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation (DEVIATION 2024- O0014)

AUG 2024

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

JAN 2023

252.244-7000 Subcontracts for Commercial Products or Commercial Services

NOV 2023

252.247-7023 Transportation of Supplies by Sea OCT 2024

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

(NOV 2021)

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

(a) Definitions. As used in this provision-

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEVIATION 2025-O0003/ DEVIATION 2025-O0004) (MAR 2025) ALTERNATE I

(MAR 2025)

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

(a) Definitions. As used in this provision --

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

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

"Forced or indentured child labor" means all work or service-

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

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

"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

"Sensitive technology"--

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

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

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

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

"Service-disabled veteran-owned small business (SDVOSB) concern" means a small business concern—

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

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

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.

"Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program" means an SDVOSB concern that--

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

"Service-disabled veteran-owned small business (SDVOSB) Program" means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

"Small business concern"--

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

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

"Small disadvantaged business concern, consistent with 13 CFR 124.1001", means a small business concern under the size standard applicable to the acquisition, that--

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

(i) One or more socially disadvantaged (as defined 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 the threshold at 13 CFR 124.104(c)(2) 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 and controlled by one or more veterans (as defined at 38 U.S.C.

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

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

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

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

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

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

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

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror

Representations and Certifications--Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

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

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

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

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

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it

[ ___ ] is, [ ___ ] is not a veteran-owned small business concern.

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

(4) SDVOSB concern joint venture eligible under the SDVOSB Program. The offeror represents that it

[ ___ ] is, [ ___ ] is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [Complete only if the offeror represented itself as an SDVOSB concern in paragraph (c)(3) of this provision.] [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

(5) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ ___ ] is, [ ___ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1001.

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

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

(8) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c).

[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

Note to paragraphs (c)(9) and (10): Complete paragraphs (c)(9) and (10) only if this solicitation is expected to exceed the simplified acquisition threshold.

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

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

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

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

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.

(12) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(5) of this provision.)

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian…