N6470925Q0013Combined Synopsis-Solicitation.pdf

N6470925Q0013 Vessel Parking

This is a Combined Synopsis/Solicitation for commercial items 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 N6470925Q0013; this solicitation is a request for quotation (RFQ).

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquistion Circular 2025-03.

This notice is a Total Small Business Set- Aside. The North American Industry Classification System (NAICS) code is 713930, size standard $11,000,000. Product Service Code X1LZ

List of line item number(s) and items, quantities, and units of measure (including option(s), if applicable):

This effort includes a base period, with a total of two (2) line item numbers, and four (4) optional contract periods, each period with a total of two (2) line item numbers.

CLIN (Base) Description Qty Unit 0001 Vessel Parking Performance

Work Statement (PWS) for requirements

12 Months

0002 Other Direct Costs LOT CLIN (Option Year 1) Description Qty Unit

Vessel Parking Performance Work Statement (PWS) for requirements

12 Months

1002 Other Direct Costs LOT CLIN (Option Year 2) Description Qty Unit

Vessel Parking Performance Work Statement (PWS) for requirements

12 Months

2002 Other Direct Costs LOT CLIN (Option Year 3) Description Qty Unit 3001 Vessel Parking Performance

Work Statement (PWS) for requirements

12 Months

3002 Other Direct Costs LOT CLIN (Option Year 4) Description Qty Unit 4001 Vessel Parking Performance

Work Statement (PWS) for requirements

12 Months

4002 Other Direct Costs LOT

Description of requirements for the services to be acquired.

Priority parking of both wet and dry lay-up of SV64s (Security Vessels) and related equipment in support of the Fleet operational mission of the SWFLANT TPP.

Date(s) and place(s) of delivery and acceptance and FOB point.

Period of performance to commence on or about 01 June 2025 located at the Off- Site Facility.

The potential contract will have a 12-month Base Period plus four (4) 12-month Option Periods.

General information regarding Terms and Conditions.

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.

Defense Priorities and Allocation System and assigned rating, if applicable.

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

List of Attachments

DOCUMENT

TYPE

DESCRIPTION PAGES DATE

Attachment 1 Wage Determination 11 09 APR 25 Attachment 2 Employee Rights

Poster

2 09 APR 25

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

SWFLANT requests a Firm-Fixed-Price (FFP) quote by 22 April 2025 at 12:00 PM (EST) to provide the services described in this notice. The Government may consider late quotes.

Contractors responding to this request must furnish a quote as described below.

The quote must demonstrate an understanding of and ability to meet all of the requirements set forth in the Performance Work Statement (PWS) referenced herein. Throughout the quote, the Offeror shall provide sufficient detail to substantiate the validity of all statements. The Offeror shall demonstrate that the quote complies with the requirements, terms, and conditions of the solicitation. 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. Failure to conform to any of the requirements of the solicitation may form the basis for rejection of the quote.

Brochures are not desired; clarity, completeness, and conciseness are essential and the overall quality of the quote will be evaluated in the context of being representative of the Offeror’s services. An Offeror’s quote is presumed to represent the best efforts to respond to the solicitation.

Since only the quote submitted in response to this solicitation will be evaluated, Offerors should make certain that their quote is complete with regard to the information provided. Data previously submitted, or presumed to be known, e.g., previous projects performed for the Government, will not be considered in the evaluation unless that information is physically contained in the quote.

Offerors are advised that the Government may selectively verify any information provided in the quote. Offerors are cautioned that they are responsible to ensure that material that they desire to have evaluated for a particular section is contained in that specific section.

Quotes may be only 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.

FAR 52.212-2 ADDENDUM: Evaluation– Commercial Items 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

The Government shall award a contract resulting from this RFQ to the responsible quoter whose quote, conforming to the RFQ, represents the lowest-priced-technically-acceptable (LPTA) quote. Technical acceptability will be based on:

1. All items requested in the RFQ are included in the quote and meet the stated specifications, and

2. The Offeror confirms it is an authorized reseller of the products identified.

Award will be made contingent upon the bilateral signature of the parties. The Government reserves the right to award on an all or none basis.

PERFORMANCE WORK STATEMENT (PWS)

PART 1

1.0 Background

Strategic Weapons Facility, Atlantic (SWFLANT), at Naval Submarine Base, Kings Bay, Georgia (SUBASE), requires contingency year round priority parking for wet and dry lay-up of Transit Protection Program (TPP) sixty-four (64’) foot Screening Vessels (SV). The SV64s are owned by the US Navy and operated by United States Coast Guard (USCG) Personnel. The SV64s are not able to be placed on a trailer due to vessel characteristics listed within this PWS.

They will be waterborne or placed in cradles ashore and secured with tie-downs as defined in this PWS. The potential contract will have a base of 12 months plus four (4) one (1) year options.

Priority Haul out and lay day fees will be incurred separately per occurrence after services rendered.

2.0 Specific Tasks

2.1 The contractor shall provide all labor, personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items to complete the performance work statement.

2.2 The contractor shall provide continuous priority parking for SV64s during contingency situations including but not limited to hurricanes/severe weather, natural disasters, military operations/exercises, serious accidents, civil disturbances, major mobilization, etc., may necessitate that the Contractor be flexible in arranging different levels of support and operational hours including overtime work. The most common contingency is typically a destructive weather event with a 72 hour notice.

2.3 The contractor shall perform haul out services within 72 hours of notification from the Contracting Officer’s Representative (COR) or the Alternate Contracting Officer Representative

(ACOR).

3.0 General Requirements

3.1 The services to be furnished under this contract include eight (8) priority parking; four (4) wet and four (4) dry lay-up services, to support eight (8) SV64s and related equipment in support of the Fleet operational mission of the SWFLANT TPP. The coverage for priority parking of the vessels shall commence on the effective date of contract award.

3.2 The Contractor shall provide an Off-Site Maintenance Facility (OMF) located within 75 mile radius from the front/main gate of Naval Submarine Base, Kings Bay, Georgia for TPP vessel priority parking. The distance between the OMF and the front/main gate of SUBASE Kings Bay shall be calculated using Google Maps.

3.3 The contractor is responsible for conducting business, between the hours of 0700–1700 Eastern Standard Time, Monday thru Friday except when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. An out haul team is required to be on-call to be on station within seventy-two (72) hours of notification, after normal hours of operation, Monday through Friday, and 24/7 on weekends and Federal holidays, or as approved by the COR. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS. The Contractor shall be able to provide a workforce that is flexible enough to work any shift necessary to match the response times as specified in this contract.

3.4 The Contractor shall maintain the ability to support wet and dry parking of the SV64s with the following characteristics:

• Haul out weight of approximately 105,000 lbs.

• Beam of 21’-5”

• Hull Length 71’-9”

• Shore power to support (240V, 60Hz, 100 Amp) connections.

• Dockside draft requirements of 4’-5”

3.5 The contractor shall secure and strap all dry lay-up vessels to concrete/steel dock blocks.

4.0 Performance Standards and Acceptable Quality Level

4.1 Contractor shall meet requirements specified in sections 2 and 3 of performance work statement.

4.2 Surveillance methods shall include random inspections, customer surveys or feedback, review of quality of documents and schedules provided.

4.3 The contractor shall prepare and submit reports documenting required actions.

4.4 The contractor shall provide any incident reports while SV64s are onsite.

5.0 Security

5.1 All contractor personnel performing work under this contract must be citizens of the United States and shall maintain such status for the duration of this task.

5.2 The Contractor shall safeguard information of a classified or sensitive nature. The Contractor shall provide training to all personnel concerning safeguarding classified information as well as customer confidentiality and privacy, and shall maintain records that document this training.

5.3 The contractor shall be responsible for safeguarding all government equipment and property at the OMF to include having operational Security Cameras while SV64s are onsite.

5.4 The Contractor shall establish and implement methods of making sure only authorized personnel have access to the boat yard facilities. The Contractor shall immediately report any occurrences of unauthorized personnel gaining access to SV64s to the COR or ACOR. The government shall be issued one key card for emergency access only to assess SV64s post destructive weather event, this will be coordinated with the Program Manager (PM) ahead of time.

6.0 Key Personnel

6.1 Contracting Officer Representative (COR): The SWFLANT COR will be the sole point of contact with the Contractor for any matters concerning the vessels and equipment. The COR will have oversight of Contractor activities and will provide direction in matters regarding this contract.

However, the Contracting Officer (KO) is the only person authorized to make changes to this requirement.

6.2 The contractor shall provide a PM who shall be responsible for the performance of the work.

The name of this person and an alternate who shall act for the contractor when the PM is absent shall be designated in writing to the contracting officer. The PM or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.

The PM or alternate shall be available between the hours of 0700–1700 Eastern Standard Time, Monday thru Friday except when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The PM or alternate must be able to respond to emergent calls within four (4) hours for operations outside the normal hours of operation. Qualifications for all key personnel are listed below: The PM and/or alternate must have 10 or more years of Dock Masters Services that include, but are not limited to, line handling, maintenance, fueling vessels, sewage pump out and the staging or installation of hoses, brows, fenders, booms, shore power cables, and experience out hauling US Navy vessels.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government.

Note: The only individual who can legally bind the government.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S.

Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5. DELIVERABLE. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

2.1.6. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.8. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9. QUALITY ASSURANCE Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.10. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.11. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.12. WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.12. WORK WEEK. Monday through Friday, unless specified otherwise.

2.2. ACRONYMS:

ACOR Alternate Contracting Officer Representative COR Contracting Officer Representative DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996 KO Contracting Officer ODC Other Direct Costs POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit SV Security Vessel SWFLANT Strategic Weapons Facility Atlantic USCG United States Coast Guard

PART 3

CONTRACTOR FURNISHED ITEMS AND SERVICES

3. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

3.1 General: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract.

3.2 Contractor personnel performing work under this contract must be citizens of the United States and shall maintain such status for the duration of this task.

PART 4

SPECIFIC TASKS

4. Specific Tasks:

4.1. Basic Services. The contractor shall provide services for equipment, supplies, facilities, transportation, tools, materials, supervision, and other items to complete the performance work statement.

4.2. The contractor shall provide continuous priority parking for SV64s during contingency situations including but not limited to hurricanes/severe weather, natural disasters, military operations/exercises, serious accidents, civil disturbances, major mobilization, etc., may necessitate that the Contractor be flexible in arranging different levels of support and operational hours including overtime work. The most common contingency is typically a hurricane with about a three day notice.

4.3. The contractor shall perform haul out services within 72 hours of notification from the Contracting Officer’s Representative (COR) or the Alternate Contracting Officer Representative

(ACOR).

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 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

52.204-20 Predecessor of Offeror AUG 2020 52.204-21

52.204-27

Basic Safeguarding of Covered Contractor Information Systems Prohibition on a Byte Dance Covered Application

NOV 2021

JUN 2023

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

SEP 2023

52.212-4

Contract Terms and Conditions--Commercial Products and Commercial Services

NOV 2023

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

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

Subcontractors

MAR 2023

52.245-1 52.245-9

Government Property Use And Charges

SEP 2021

APR 2012

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 252.204-7004 Antiterrorism Awareness Training for Contractors 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

JAN 2023

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

JAN 2023

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 2023

252.215-7007 Notice of Intent to Resolicit JUN 2012 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 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and

Receiving Reports

DEC 2018

252.232-7010 252.243-7002

Levies on Contract Payments Requests for Equitable Adjustment

DEC 2006

DEC 2022

252.244-7000

252.245-7005

Subcontracts for Commercial Products or Commercial Services Management and Reporting of Government Property

NOV 2023

JAN 2024

252.247-7023 Transportation of Supplies by Sea JAN 2023

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—

(5) 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;

(6) 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--

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

• 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--

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

(8) 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:

(7) 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.

(8) 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.

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

(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)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) ALTERNATE I (OCT 2014)

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 https://www.sam.gov/

(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 124.1001", means a small business concern under the size standard applicable to the acquisition, that--

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

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

and

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

(1) Not less than 51 percent of which is owned 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…