N6470924R0006 Combined Synopsis_Final.pdf

This is a combined Synopsis / Solicitation for commercial products or commercial services prepared in accordance with the format in FAR Subpart 12.6, in conjunction with the Simplified Acquisition Procedures found at FAR 13.5, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Quotes are being requested and a written solicitation will not be issued.

The solicitation number is N6470924R0006; this solicitation is a request for quotation (RFQ).

This solicitation documents and incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2023-05.

This notice is a Total Small Business Set- Aside. The North American Industry Classification System (NAICS) code is 333923, size standard 1,250 employees. The Federal Supply Class (FSC) is 3950.

CLIN Description Qty Unit 0001 Replace current 25 ton crane USN 83-00507 at

Bldg 3019. New crane will be a design build per the NCC approved design specification.

The crane will be a 25 ton main hoist capacity with a 5 ton auxiliary hoist. The current crane will be disposed of by the contractor.

1 Job

0002 CDRL (NSP)

*Not Separately Priced (NSP)

SWFLANT intends to award a firm fixed price purchase order using Simplified Acquisition Procedures for the procurement and installation of one 25/5-ton, double girder, radio controlled overhead electric traveling (OET) with a pendant operated backup system, crane. The crane will be installed in Building 3019 Missile Support Building (MSB) at Strategic Weapons Facility, Atlantic (SWFLANT) in Kings Bay, Georgia. The contractor shall replace the existing runway electrification with like and kind to accommodate the new crane.

Delivery and acceptance is FOB point Kings Bay, Georgia.

FAR 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services, and any agenda to this provision, are applicable to this acquisition.

FAR 52.212-2 Evaluation – Commercial Products and Commercial Services, and any addenda to this provision, are applicable to this acquisition.

Offeror shall submit a completed copy of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services, with its offer.

FAR 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services, and any addenda to this clause, are applicable to this acquisition.

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive

Orders – Commercial Products and Commercial Services, and any of the FAR Clauses marked.

In the full text FAR 52.212-5 included below, are applicable to this acquisition.

There are no additional contract requirements or terms and conditions determined by the Contracting Officer to be necessary for this acquisition and consistent with customary commercial practices.

The acquisition is not rated in the Defense Priorities and Allocations Systems (DPAS).

SITE VISIT: March 6, 2024 – All interested parties must be at Kings Bay Submarine Base, Kings Bay, Georgia - Engineering Service Building (ESB), Building 6005 by 9:00AM (Eastern Standard Time)

VISIT REQUEST: Issuance of a Naval Submarine Base, Kings Bay, GA (SUBASE), Identification badge authorizes entry to specific areas of SUBASE, which the individual, based on employment, has a recurring right and need to enter at least weekly. The badge does not authorize unrestricted entry to other areas of the Base. Before issuance of a permanent or temporary SUBASE badge, all personnel must consent to a National Crime Information Center (NCIC) check. Favorable results from the NCIC check must be received prior to access being granted to SUBASE. If derogatory or adverse information is obtained, the SUBASE Security Officer (SO) may approve or disapprove access to SUBASE. To be allowed access to the base you must be a US citizen.

Point of Contact for visit request – Mr. James Burzumato at extension (912) 573-4077, Email: james.burzumato@swflant.navy.mil

The Government will accept questions from potential offerors until 12:00 PM (EST) on March 13, 2024. All questions shall be sent to Operations Management Department – Contracts Division (SPK12), email: SPK12Contracts@swflant.navy.mil.

List of Exhibits and Attachments

DOCUMENT

TYPE

DESCRIPTION PAGES DATE

Exhibit A Contract Data Requirements List

22 08 FEB 24

Attachment 1 SWFLANT MSB507 Crane Specification

62 08 FEB 24

Attachment 2 SWFLANT General Requirements

15 08 FEB 24

Attachment 3 Wage Determination 7 08 FEB 24 Attachment 4 Appendix A - Crane

Information and Clearance Sketch

2 08 FEB 24

Attachment 5 Appendix B – Sample Shop Test Procedures

19 08 FEB 24

Attachment 6 Appednix C – Field Test Procedures

29 08 FEB 24

mailto:james.burzumato@swflant.navy.mil mailto:SPK12Contracts@swflant.navy.mil

Attachment 7 Appendix D – Safety Requirements:Installation or Removal

5 08 FEB 24

Attachment 8 Appendix E – Accident Prevetion Plan

5 08 FEB 24

Attachment 9 Appendix F – List of Parameters and Crane OEM’s Approved Crane Range

1 08 FEB 24

Attachment 10 Appendix G – Application for Equipment Frequency Allocation

6 08 FEB 24

FAR 52.212-1 ADDENDUM: Instructions to Offerors – Commercial Items

SWFLANT requests a Firm-Fixed-Price (FFP) quote by March 25, 2024 at 12:00PM EST to provide the services/supplies described in this Request for Quote (RFQ). The Offeror shall demonstrate that the Quote complies with the requirements, terms, and conditions of the solicitation. Brochures are not desired; clarity, completeness, and conciseness are essential. An Offeror’s quote is presumed to represent the best efforts to respond to the solicitation.

Quotes shall be e-mailed directly to spk12contracts@swflant.navy.mil, the sole designated e-mail address and inbox for receipt of e-mail submissions. No other electronic means of submission, used in whole or in combination with e-mail, is permitted.

E-mail quotes shall be in either Adobe or Microsoft Office format. Offerors are advised that the Government may be unable to receive other types of electronic files (e.g., .zip files) or files in excess of 20 megabytes. To be timely, an e-mail quote must be received in its entirety in the designated E-mail inbox by the due date and time for quote submission. An e-mail quote that resides on a Government server, but has not appeared in the designated e-mail inbox by the due date and time for quote submission will be considered late unless the exception at FAR 52.212- 1(f) (2) (i) (A) applies. The exception at FAR 52.212-1(f) (2) (i) (B) shall not apply to e-mail quotes. Unless offeror proposes a shorter period, by submission of an offer, the offeror agrees that its offer, including any timely revisions thereto, shall remain valid until the Government makes award under this solicitation. The foregoing does not preclude an offeror from withdrawing its offer prior to award.

Contractors responding to this request must furnish a quote as described below. The quote shall contain two (2) volumes: Technical and Price.

General Requirements Applicable to Each Volume:

1. Cover Letter: Each volume shall contain a cover letter. The following information shall be provided on each cover letter:

Authorized Offeror Personnel: Provide the name, title, telephone number, facsimile number, and file://spk1.swflant.navy.mil/spk10$/SPK12/SPK12%20Contracts/FY17%20SAP%20CONTRACTS/N64709-17-T-0057%20Land%20Based%20Law%20Enforcement/4.%20%20If%20over%20$25,000.00%20(FEDBIZ%20Notice)/spk12contracts@swflant.navy.mil e-mail address of the individual who can contractually obligate your company. Also, identify those individuals authorized to negotiate with the Government and who can answer questions regarding your quote.

Company/Division Street Address: Provide company/division’s name, street address, county and facility code, size of business (small), and labor surplus area designation.

2. Exceptions to the RFQ (if applicable): Offerors are to detail clearly in each volume any exceptions taken to the RFQ, and the rationale for the exceptions taken to the RFQ, if applicable.

Please note that exceptions taken to the RFQ may render the Offeror’s Quote unacceptable to the Government.

Specific Requirements Applicable to Each Volume:

1. Volume 1: Technical

a. Factor 1: Technical Capability

i. The Offeror shall provide a narrative demonstrating an understanding of, and ability to meet, all requirements as defined in Attachment 1 and/or procurement minimum specifications. Throughout the narrative, the Offeror shall provide sufficient detail to substantiate the validity of all statements. General statements that the Offeror can or will comply with the requirements, that standard procedures will be used, that well known techniques will be used, or paraphrasing the solicitation’s requirements in whole or in part, will NOT constitute compliance.

2. Volume 2: Price

a. Factor 2: Price

i. Offerors shall submit all pricing for the quote in a Microsoft Office Excel format including all formulas. Quotes must include a proposed price for each Contract Line Item Number (CLIN).

FAR 52.212-2 ADDENDUM: Evaluation– Commercial Items

(a) The Government intends to award a contract to the responsible Offeror who (1) is the Lowest Price Technically Acceptable quotation, (2) conforms to the solicitation, and (3) proposes a price that is fair and reasonable.

The following factors shall be used to evaluate quotations:

Factor 1: Technical Capability

The Government will evaluate the quote for acceptability of Technical Capability.

Minimum Requirements:

The following are the minimum requirements a quote must meet to be deemed acceptable for the Technical Capability factor:

1) A quote is deemed acceptable for the Technical Capability factor if it demonstrates an understanding of, and ability to meet, all requirements as defined in Attachment 1 and/or procurement minimum specifications.

2) Technical Capability evaluations will result in one of the following ratings:

Adjectival Rating Definition

Acceptable Quote demonstrates an understanding of, and ability to meet, all requirements as defined in Attachment 1 and/or procurement minimum specifications.

Unacceptable Quote does not demonstrate an understanding of, and ability to meet, all requirements as defined in Attachment 1 and/or procurement minimum specifications.

A quote must be rated as “Acceptable” for the quote to be eligible for award. An “Unacceptable” rating for Factor 1: Technical Capability will result in the entire quote being rated “Unacceptable” overall; an overall rating of “Unacceptable” makes a quote ineligible for award.

A quote must contain sufficient information to enable evaluators to determine acceptability, if there is insufficient information to determine acceptability of the quote, the quote will be rated “Unacceptable” overall.

Factor 2: Price

To be eligible for award, an Offeror’s total evaluated price must be determined fair and reasonable. The Government will determine prices to be fair and reasonable in accordance with FAR Part 13.106-3 based on, but not limited to, market research, current or previous purchases, prices for similar performance in a related industry, and comparison to an independent Government estimate.

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

Offerors responding to this solicitation are advised that, prior to award, the Government may request submission of information/data to support price reasonableness such as copies of paid invoices for the same or similar items, sales history for the same or similar items, price list with effective date and/or copies of catalog pages along with any applicable discounts.

(b) The Government shall mail or email a written notice of award to the successful Offeror.

Upon receipt, the Offeror shall have an authorized representative sign the award and return it to the Contracting Officer; a binding contract is formed upon receipt of the signed award.

CLAUSES INCORPORATED BY REFERENCE

52.203-3 52.203-11

52.203-12

Gratuities Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions Limitation on Payments to Influence Certain Federal Transactios

APR 1984

SEP 2007

JUN 2020

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor

Personnel

JAN 2011

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code

Reporting

AUG 2020

52.204-17 Ownership or Control of Offeror AUG 2020 52.204-18 Commercial and Government Entity Code

Maintenance

AUG 2020

52.204-19 Incorporation by Reference of Representations and Certifications.

DEC 2014

52.204-20 Predecessor of Offeror AUG 2020 52.204-21 Basic Safeguarding of Covered Contractor

Information Systems

NOV 2021

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation

NOV 2015

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.209-13 Violation of Arms Control Treaties or Agreements -- Certification.

NOV 2021

52.211-13 Time Extensions SEP 2000 52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

MAR 2023

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

DEC 2022

52.222-5 Construction Wage Rate Requirements--Secondary Site of the Work

MAY 2014

52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records JUL 2021 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014

52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-20 Contracts for Materials, Supplies, Articles, and

Equipment Exceeding $15,000

JUN 2020

52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-23 Notice of Requirement for Affirmative Action to

Ensure Equal Employment Opportunity for Construction

FEB 1999

52.222-27 Affirmative Action Compliance Requirements for Construction

APR 2015

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-5 Pollution Prevention and Right-to-Know Information

MAY 2011

52.223-6 Drug-Free Workplace MAY 2001 52.225-9 Buy American--Construction Materials OCT 2022 52.225-10 Notice of Buy American Requirement--

Construction Materials

MAY 2014

52.225-11 Buy American--Construction Materials Under Trade Agreements

DEC 2022

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.228-5 Insurance - Work On A Government Installation JAN 1997 52.228-14 Irrevocable Letter of Credit NOV 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.233-1 Disputes MAY 2014 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the

Work

APR 1984

52.236-3 Site Investigation and Conditions Affecting the Work

APR 1984

52.236-4 Physical Data APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984

52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Alt I Accident Prevention (Nov 1991) - Alternate I NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-15 Schedules for Construction Contracts APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Alt I Specifications and Drawings for Construction (Feb

1997) - Alternate I

APR 1984

52.236-26 Preconstruction Conference FEB 1995

52.242-13 Bankruptcy JUL 1995 52.242-15 Alt I Stop-Work Order (Aug 1989) - Alternate I APR 1984 52.243-4 Changes JUN 2007 52.244-6 Subcontracts for Commercial Products and

Commercial Services

SEP 2023

52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.248-3 Value Engineering-Construction OCT 2020 52.249-1 Alt I Termination for Convenience of the Government

(Fixed-price) (Short Form) (Apr 1984) - Alternate I

APR 1984

52.249-2 Termination For Convenience Of The Government (Fixed-Price)

APR 2012

52.249-10 Alt I Default (Fixed-Price Construction) (Apr 1984) Alternate I

APR 1984

252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former

DoD Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-Contract-Related Felonies

JAN 2023

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

252.204-7002 Payment For Contract Line or Subline Items Not Seperately Priced

APR 2020

252.204-7003 252.204-7004

Control Of Government Personnel Work Product Antiterrorism Awareness Training for Contractors

APR 1992

JAN 2023

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

252.204-7015

252.204-7016

252.204-7017

252.204-7018

252.204-7019

252.204-7020

252.204-7024

Notice of Authorized Disclosure of Information for Litigation Support Covered Defense Telecommunications Equipment or Services - Representation Prohibition on the Acquisition of Covered Defense Telecommunications Equipement or Services – Representation Prohibition on the Acquisition of Covered Defense Telecommunications Equipement or Services Notice of NISTSP 800-171 DoD Assessment Requirements Notice of NIST SP 800-171DoD Assessment Requirements Notice on the Use of the Supplier Performance Risk System

JAN 2023

DEC 2019

MAY 2021

MAR 2022

MAR 2023

252.209-7004

252.211-7007

Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism Reporting of Government- Furnished Property

MAY 2019

MAR 2022

252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010 252.215-7007 252.215-7008

Notice of Intent to Resolicit Only One Offer

JUN 2012

DEC 2022

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7001 Buy American And Balance Of Payments Program-

- Basic

JAN 2023

252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7048 252.225-7055

252.225-7056

252.225-7059

252.225-7060

252.226-7001

Export-Controlled Items Representation Regarding Business Operations with the Maduro Regime Prohibition Regarding Business Operations with the Maduro Regime Prohibition on Certain Procurements from the XinJiang Uyghur Autonomous Region- Representation Prohibition on Certain Procurements from the XinJiang Uyghur Autonomous Region Utilization of Indian Organization, Indian- Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

JUN 2013

MAY 2022

JUN 2023

JUN 2023

252.227-7023 Drawings and Other Data to become Property of Government

MAR 1979

252.227-7033 Rights in Shop Drawings APR 1966 252.232-7003 Electronic Submission of Payment Requests and

Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.236-7000 Modification Quotes-Price Breakdown DEC 1991

252.236-7001 252.237-7010

Contract Drawings, and Specifications Prohibition on Interrogation of Detainees by Contractor Personnel

AUG 2000

252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 252.246-7004

252.246-7008

Subcontracts for Commercial Items Safety of Facilities, Infrastructure, and Equipment for Military Operations Sources of Electronic Parts

JAN 2023

OCT 2010

252.247-7023 Transportation of Supplies by Sea JAN 2029

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)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(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.

The Contractor is prohibited from providing to the Government 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

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.

(c) Exceptions. This clause does not prohibit contractors from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

https://dibnet.dod.mil/ https://dibnet.dod.mil/

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause:

Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--

REPRESENTATION (OCT 2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision) https://www.sam.gov/

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec.

6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax

Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

52.211-10 Commencement, Prosecution, and Completion of Work.(JAN 2024)

Commencement, Prosecution, and Completion of Work (Apr 1984)

The Contractor shall be required to (a) commence work under this contract within 30 days calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than March 2025 * The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL

ITEMS (DEC 2019)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management

(SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

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

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

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

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

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

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

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

Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

“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…