Amd_03_N0060423Q4021_Combined_Synopsis_Solicitation.pdf

N0060423Q4021 Amendment 03

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the information in FAR Subpart 12.6, using Simplified Acquisition Procedures under the test program for commercial items found at FAR 13, as supplemented with the additional information included in this notice.

This announcement constitutes the only solicitation; a written solicitation will not be issued. PAPER COPIES OF THIS SOLICITATION WILL NOT BE AVAILABLE. This combined synopsis/solicitation SHALL be posted on both SAM.gov.

The RFQ number is N0060423Q4021. This solicitation documents and incorporates provisions and clauses in effect through FAC 2023-01 and DFARS Publication Notice 20230131. 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/browse/index/far and http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html. The NAICS code is 337127 and the Small Business Standard is 500 employees. The proposed contract is 100% set aside for small business concerns.

The Small Business Office concurs with the set-aside decision.

The NAVSUP Fleet Logistics Center, Pearl Harbor, Regional Contracting Office, requests responses from qualified sources capable of providing:

CLIN- 0001

DESCRIPTION- Habitability Upgrade- USS DANIEL INOUYE (DDG-118) Shipboard Habitability IAW the Statement Of Work (SOW) in Attachment 01 QTY- One (1) UNIT OF ISSUE- Group

Delivery and Completion of all tasks is no later than 16-June-2023.

Delivery location is USS DANIEL INOUYE (DDG-118), JBPHH, HI 96860

This requirement will result in a Firm-Fixed Price (FFP) purchase order; the method of payment will be Government Credit Card.

Responsibility and Inspection: Unless otherwise specified in the order, the supplier is responsible for the performance of all inspection requirements and quality control.

The following Attachments are applicable to this solicitation:

Attachment 01 Statement_Of_Work (SOW) Attachment 02 Applicable Clauses and Provisions Attachment 03 AMD_03_Price_Matrix Attachment 04 AMD 03 Questions And Answers

Questions: Questions should be submitted electronically to kevin.g.young8.civ@us.navy.mil no later than 12:00 PM Hawaii Standard Time (HST) on Wednesday 01-March-2023. Emails sent to this address shall clearly reference the RFQ# N0060423Q4021 in the subject line. No other method of submitting questions will be acknowledge or addressed. Questions submitted after this date and time may not be accepted. Since the submittal of questions may result in amendments to the RFQ, it is imperative that questions be submitted as soon as possible.

Site Visit: A site visit to the USS Daniel Inouye (DDG-118) located at Pearl Harbor, HI is scheduled for 9:00 AM HST on Monday 27-February-2023 at. If interested in attending, please RSVP to kevin.g.young8.civ@us.navy.mil no later than 12:00 PM HST on Wednesday 22-February-2023. In the RSVP please include the following: (1) Company’s Name, (2) Number of Individuals Attending, (3) First and Last Name of each individual, and (4) If your company already has access to Joint Base Pearl Harbor Hickam (JBPHH). Emails sent to this address shall clearly reference the RFQ# N0060423Q4021 in the subject line. No other method of submitting the RSVP will be acknowledge or addressed. RSVPs submitted after this date and time may not be accepted.

Submission Requirements: Quotes shall be submitted via email to kevin.g.young8.civ@us.navy.mil no later than 3:00 PM HST on Thursday 09-March-2023. No other method will be accepted in response to this notice.

Factor 1: Technical

At a minimum, the Quoter’s Technical Quote shall:

a. Demonstrate the firm’s ability to meet the government’s requirements as outlined within the solicitation and supporting attachments

Factor 2: Price

At a minimum, the Quoter’s Price Quote shall:

a. Identify the cost for all tasks in the SOW under CLIN 0001 by completing the “Attachment 03- AMD_03_Price_Matrix” and submitting it as part of their quote

Quoters are reminded to include a completed copy of FAR Provisions 52.204-24 and 52.212-3 Dev with their submission located in Attachment 2, if not current in SAM.

All quotes shall include a vendor point of contact, name, phone number, and e-mail address, which can be completed at the top of “Attachment 03- AMD_03_Price_Matrix”.

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/.

Quoters are responsible for ensuring timely submissions are received by the POC identified in the solicitation. The government is not responsible late or lost submissions.

Basis for Award: The Government will award to the responsible Quoter whose quote is technically acceptable and most advantageous to the government, price and other factors considered.

Quoters are advised that the quotation meeting the solicitation requirements with the lowest price may not be selected for award if award to a higher priced Quoter is determined to be more advantageous to the Government. However, the perceived benefits of the higher priced quotation must merit the additional price.

Factor 1: Technical

The Government will evaluate the Quoter’s Technical Capabilities based on the following:

a. The Quoter demonstrates within their quote the ability to meet the government’s requirements as outlined within the solicitation and supporting attachments.

Factor 2: Price

a. The quote will be reviewed for mathematical correctness in all computations, making sure that all prices are summarized correctly to ensure completeness and accuracy. Changes to the evaluation quantities, blanks or zeros in the pricing columns, and/or mathematical mistakes are subject to clarification for confirmation of the Quoter’s intent. “Attachment 03- AMD_03_Price_Matrix” must be submitted it as part of the quote.

Rating Method: Technical will be rated on an acceptable or unacceptable basis. A quotation is technically acceptable if the quotation addresses the solicitation requirements, and demonstrates good probability of success in meeting the performance objectives. A quotation is technically unacceptable if it fails to address the solicitation requirements or demonstrates a low probability of success in meeting the performance objectives.

Note: The documents “General Specification for overhauling surface ships section 637 & 621” and “NAVSEA Drawing 804-5000991” referenced in Section 3.22 are only available upon request. The potential Quoter shall request a copy through email to kevin.g.young8.civ@us.navy.mil.

Attachment 01- SOW

STATEMENT OF WORK (SOW)

HABITABILITY PROJECT FOR USS DANIEL K. INOUYE (DDG 118)

FOR WARDROOM, CREW TRAINING ROOM & CPO MESS & LOUNGE UPGRADE.

1. INTRODUCTION

1.1 USS Daniel K. Inouye intends to purchase materials and services to upgrade the Wardroom and

Crew Training Room Upgrade.

2. SCOPE

2.1 Requirement is being solicited with the intention of awarding a Firm Fixed Price (FFP) contract for the upgrade and renovation of the Wardroom and Crew Training Room of the USS Daniel K. Inouye (DDG 118) using Military and Federal Specifications materials. USS Daniel K. Inouye requires the contractor to provide an FFP quote for the labor, materials, delivery, and installation per the tasks specified under section 3 “SPECIFIC TASKS To be Completed No Later Than 16 June 2023.”

3. SPECIFIC TASKS

3.1 Contractor shall remove and dispose existing damage deck covering includes preparation in the WARDROOOM. Install LT/UPFLOOR XPRESSIONS manufactured by Shannon Sales Inc. deck tile (glued down) per MIL SPEC ASTM E648 Class 1; ASTM E 662<450 IAW MIL PRF-32170; underlayment:

IAW MIL-3135 Type III or IV. Size: 50 square feet. Pattern: TBD by TPOC.

3.2 Contractor shall remove and dispose of divider and bookcase in the WARDROOM. Repair damage bulkhead to match rest of the wardroom and repair the deck.

3.3 Contractor shall fabricate quantity of one (1) aluminum side table with shelf for the WARDROOM manufactured IAW MIL-PRF-32038; and laminated with high pressure plastic laminate, IAW MIL-P-17171.

Size: 25-inches H x 30-inches L x 24-inches W. Pattern: TBD

3.4 Contractor shall remove and dispose of existing wall covering in the WARDROOM. Install new 27 oz. vinyl wall covering; area: 740 square feet. Includes wall prep per Fed. Spec: CCC-W-408D, Type 2. Pattern: TBD.

3.5 Contractor shall remove and dispose of existing covering on the bulkhead in the WARDROOM. Install new high-pressure plastic laminate lower part of bulkhead and doors and matching existing counter tops in accordance with mil spec, MIL-P-17171E, Type IV, Grade 1. Area-740 square feet. Pattern: TBD

3.6 Contractor shall fabricate and install quantity of one (1) new L-shape couch for the WARDROOM IAW MIL-PRF

32038 upholster with artificial leather and reinforced cushions per CID A-A-59517, Class 4; Condition I.

Size: 30-inches D x 112-inches L x 30-inches H and 30-inches D x 48-inches L x 30-inches H . Color and Pattern:

TBD by TPOC.

3.7 Contractor shall remove and dispose of existing cabinet in the WARDROOM. Install quantity of one (1) new fabricated and custom fitted cold table with heavy gauge insulated stainless steel top with drain tube. Size 58.5-inches W x 25.5inches H x 10-inches D; fitted for a heavy gauge aluminum cabinet with stand IAW MIL-PRF 32038; fully laminated with high pressure plastic laminate IAW MIL-P- 17171E; size: 57 9/16-inches W x 26 9/16-inches D x 38-inches H.

3.8 Contractor shall fabricate and install quantity of one (1) stainless steel stand for sneeze guard for the WARDROOM

IAW MIL- PRF-32038 with clear polycarbonate top and shield IAW CID A-A-59502, Type II for cold table, size: 59-inches W x 26-inches D x 21-inches H. Pattern - TBD

3.9 Contractor shall paint all trims and cabinets to match new wall covering of bulkhead for the WARDROOM.

Paint- air dry enamel in accordance with MIL-DTL-24607

3.10 Contractor shall fabricate and custom fitted quantity of one (1) Navy-blue artificial leather table cover for the

WARDROOM in accordance with Commercial Item Description A-A-59517, Class 4, Condition A. Size: 42-inches W x 186-inches L with gold imprint: 20-inch crest.

3.11 Contractor shall fabricate and deliver quantity of twenty (20 )custom made chair covers with 8-inch embroidered crest & personalization CO, XO, VIP; Navy blue artificial leather with gold piping in accordance to commercial item description A-A-59517, Class 4, Condition A.

3.12 Contractor shall fabricate custom fitted aluminum entertainment center for the WARDROOM IAW MIL-

PRF 32038; fully laminated with high pressure plastic laminate Type I in accordance with MIL-P- 17171E;

With quantity of two (2) 20-inches L x 42-inches W side display case, two bottom storage /cabinet with shelf & poly carbonate doors 36-inches x 20-inches x -inches per CID-A-A-59202, Type II; quantity of two (2) 3-layer bookshelves size: 36-inches H x 23-inches D x 61-inches W & custom fitted aluminum countertop laminated with high pressure plastic laminate IAW MIL-P-17171E, Type 1 with stainless steel metal capping (24-inches L x 103-inches W x 1 3/8-inches H). Countertop Size: 78.5-inches H x 112-inches W x 20-inches D.

3.13 Contractor shall fabricate custom fitted quantity of one (1) aluminum white board cabinet with doors for the

WARDROOM IAW MIL-PRF 32038; fully laminated with high pressure plastic laminate per Type I IAW MIL-P- 17171E. Size: 54-inches L x 42-inches W x 36-inches H Pattern: TBD.

3.14 Contractor shall fabricate an quantity of one (1) aluminum computer table for the WARDROOM IAW MIL-PRF-

32038 covered with high pressure plastic laminate, IAW MIL-P-17171E Type 1. Size: 26-inches L x 24-inches W.

Pattern: TBD

3.15 Contractor shall fabricate and extend the existing wardroom long table (current measurement 13-feet L x 48-inches

W) for the WARDROOM with custom fitted aluminum table extension, IAW PRF 30238; fully laminated with high pressure plastic laminate IAWMIL-P- 17171E Type 1. Extension Size: 30-inches L x 48-inches W

3.16 Contractor shall remove and dispose of existing Fan Coil Unit (FCU) doors in the WARDROOM. Install a fabricated FCU double doors size: 54-inches L x 81-inches W IAW MIL-PRF 32038; fully laminated with high density plastic laminate per IAW MIL-P- 17171E.

3.17 Contractor shall fabricate, deliver, and install quantity of one (1) custom fitted aluminum conference table in the CREW TRAINING ROOM with three leg support IAW MIL-PRF 32038A; laminated with high-density plastic laminate IAW MIL-P-17171, Type 1; with stainless steel metal capping. Size: 112-inches L x 30-inches W x 30-inches H. Pattern: TBD

3.18 Contractor shall fabricate, deliver, and install quantity of six (6) custom fitted aluminum bench and back rest with storage for the CREW TRAINING ROOM IAW MIL-PRF 32038; laminated with high-density plastic laminate IAW MIL-17171, TYPE 1 with cushions/padding Poly chloroprene foam rubber IAW MIL-PRF-20092M, Type II, Class 5; upholster with artificial leather in accordance with Commercial Item Description A-A-59517, Class 4, Condition A. Color: Navy Blue Size: 6.5-feet L x 18-inches W x 34.5-inches H.

3.19 Contractor shall prep and cover upper part of bulkhead for the CREW TRAINING ROOM. Install vinyl wallcovering per Fed Spec: CCC-W-408D, Type 2. Size:465 square feet. Pattern: TBD

3.20 Contractor shall install aluminum false bulkhead in the CREW TRAINING ROOM per IAW MIL-32038, covered with new high-density plastic laminate on the bulkhead IAW MIL-P-17171, Type 4.

Size:465 square feet. Pattern: TBD

3.21 Contractor shall fabricate, deliver, and install quantity of one (1) custom fitted aluminum cabinet serving counter top with storage for CREW TRAINING ROOM IAW MIL-PRF 32038; laminated with high-density plastic laminate IAW MIL-17171, Type II plastic sheet, polycarbonate doors IAW CID-A-A-59202. Size: 80-inches W x 30-inches L x 20-inches D

3.22 Contractor shall deliver and install quantity of sixty (60) custom fitted aluminum chair rails for the CREW

TRAINING ROOM laminated with high-density plastic laminate in the Type IV, IAW MIL-P-17171; installation in accordance with requirement bulkhead sheathing & nonstructural bulkhead as specified in the General Specification for overhauling surface ships section 637 & 621 respectively. The chair rail shall be installed in such a manner so as not to impair the demount ability of the sheathing system as defined in note 5 of NAVSEA Drawing

804-5000991. Size: 3.5-inches W x 100-feet L ; Pattern: TBD

3.23 Contractor remove and dispose existing deck cover in the CREW TRAINING ROOM, includes deck prep by cutting and grinding down existing metal support. Install LT/UPFLOOR XPRESSIONS manufactured by Shannon Sales Inc. deck tile (glued down) MIL SPEC ASTM E648 Class 1; ASTM E 662<450, IAW MIL-PRF-32170; underlayment: IAW MIL-3135 Type III or IV. Pattern: TBD.

Size: 432 square feet.

3.24 Contractor shall prep all trims and cabinets in the CREW TRAINING ROOM; and paint with dry enamel paint in accordance with MIL-DTL-24607. Color: TBD

3.25 Contractor shall prep all trims and metal benches in the CPO MESS & LOUNGE; and paint with dry enamel paint in accordance with MIL-DTL-24607.

3.26 Contractor shall remove and dispose of all existing wallcovering in the CPO MESS & LOUNGE on the bulkhead. Install new high-pressure plastic laminate on the bulkhead per Mil. Spec. MIL-P-17171, Type 4.

Size: 865 square feet. Pattern: TBD.

3.27 Contractor shall remove and dispose of existing cloth wall covering in the CPO MESS & LOUNGE.

Install new 27 oz. vinyl wall covering; area: 740 square feet. Includes wall prep per Fed. Spec: CCC-W-408D, Type 2. Pattern: TBD

3.28 Contractor shall fabricate quantity of four (4) table covers in the CPO MESS & LOUNGE with Navy blue artificial leather with 4-inch drop in accordance to A-A-59517, Class 4, Condition A; Size: 30-inches W x72-inches L & 30-inches W x 40.5-inches L with imprint: image will be provided by the ship.

3.29 Contractor shall fabricate quantity of ten (10) chair covers for the CPO MESS & LOUNGE with artificial leather and three (3) anchors & name & number IAW to A-A-59517, Class 4, Condition A.

3.30 Contractor shall fabricate for the CPO MESS & LOUNGE quantity of one (1) L- shape couch to match as existing couch with armrests with artificial leather with reinforced cushions for comfort per CID A-A-59517, Class 4; Condition A. Size: 76.5-inches W x 80-inches L x 30-inches H x 30-inches D including corner piece.

Color - Navy Blue. Reupholster existing couch to match new couch.

3.31 Contractor shall re-upholster existing quantity of four (4) benches for the CPO MESS & LOUNGE with artificial leather in accordance with Commercial Item Description A-A-59517, Class 4, Condition A.

Color: Navy Blue

3.32 Contractor shall fabricate quantity of one (1) aluminum L-shape computer table in the CPO MESS & LOUNGE IAW MIL- PRF-32038, covered with high pressure plastic laminate, per MIL-P-17171E Type 1.

Size: 46-inches W x 26-inches L x 20-inches D x 30-inches H. Pattern: TBD.

3.33 Contractor shall modify existing entertainment center quantity of one (1) in the CPO MESS & LOUNGE by reducing height and install fitted for a heavy gauge aluminum counter top IAW MIL -PRF 32038; fully laminated with high pressure plastic laminate IAW MIL-P- 17171E. Install door with clear polycarbonate top and shield IAW CID A-A-59502, Type II Size: 70 inches W x 24-inches L x 30-inches H.

4. WORK LOCATION

4.0 Coordinate renovation and installation schedule with USS Daniel K. Inouye (DDG-118). Technical Point of Contact:

4.1 Work will be performed onboard USS Daniel K. Inouye DDG 118, Pearl Harbor, HI. Base Access shall be coordinated with USS Daniel K. Inouye’s

5. WORK HOURS/SCHEDULE

N0060423Q4021- Attachment 2 Clauses and Provisions

CLAUSES INCORPORATED BY REFERENCE

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-7 System for Award Management OCT 2018 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 52.204-20 Predecessor of Offeror AUG 2020 52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

NOV 2021

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

DEC 2022

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

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 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

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

MAY 2016

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

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

JAN 2021

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7022 Expediting Contract Closeout MAY 2021 252.211-7003 Item Unique Identification and Valuation MAR 2022 252.213-7000 Notice to Prospective Suppliers on Use of Supplier

Performance Risk System in Past Performance Evaluations

SEP 2019

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic JUN 2022 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.225-7050 Disclosure of Ownership or Control by the Government of a

Country that is a State Sponsor of Terrorism

DEC 2022

252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2020-O0015)

MAY 2020

252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--

Prohibition on Fees and Consideration

DEC 2022

252.244-7000 Subcontracts for Commercial Items DEC 2022 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for

Military Operations

OCT 2010

252.247-7023 Transportation of Supplies by Sea FEB 2019

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 2023-O0002) (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.

(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 concern -

(1) Means a small business concern -

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

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

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

Small business concern –

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in 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 124.1002, means a small business concern under the size standard applicable to the acquisition, that -

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

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

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $850,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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

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

(i) It [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2).

[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, [ ___ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

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

(6) 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: ___ .]

(7) 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)(8) and (9):

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

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

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

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

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, 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.

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

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

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

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

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

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

(ii) It [ ___ ] 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 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its 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.

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

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

(ii) The Offeror shall list as foreign end products those end products manufactured in the 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”.

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

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

(2) Foreign End Products:

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

[List as necessary]

(3) Domestic end products containing a critical component:

Line Item No.

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

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

(i)(A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) 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.

(B) The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “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.”

(ii) The Offeror certifies that the following supplies are Free Trade Agreement country end 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

(iii) The Offeror shall list those supplies that are foreign end products (other than those 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. 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.