Released.docx

M6700123Q1120

Section SF 1449 - CONTINUATION SHEET

Weight Handling Equipment Services

FFP

Weight Handling Equipment and rigging services in accordance with the Performance Work Statement.

NWA 100001986617.0050

FOB: Destination

MILSTRIP: N6592323SU00064

PURCHASE REQUEST NUMBER: N6592323SU00064

PSC CD: L039

NET AMT

PERFORMANCE WORK STATEMENT

1 Scope: This Performance Work Statement defines the Government’s minimum need for the unloading and moving of specific equipment as required by the Fleet Readiness Center East (FRCE), aboard Marine Corps Air Station, Cherry Point, N.C. All work to be performed under this contract shall be performed by technicians thoroughly trained and knowledgeable in the rigging and operation of weight handling equipment (WHE). All services are to be performed in a highly professional manner.

2 Requirement: The work site is located at MCAS Cherry Point in a gravel lot behind Building 4466. Approximate location shown in drawing G-001. The exact location will be shown by the Technical Point of Contact (POC) listed in Section 10, subsection b. On-site visits shall include all labor, travel, and accommodations for each visit.

1. Contractor shall have a Post Award Meeting, to evaluate the site for the preparation of a lift plan.

1. Contractor shall have the site surveyed for underground utilities and piping to prevent damage during the lifts.

1. Contractor shall have materials, equipment, and personnel required to perform the work at the site prior to the commencement of the work.

1. Contractor shall bring the WHE to the site to position it in place, to prepare for the unloading and moving of the equipment.

1. Contractor shall provide a lift plan three (3) weeks prior to planned date to the Project Manager, listed in Section 10, subsection c, for appropriate approvals.

1. Contractor shall access the worksite via route indicated on drawing titled G-001.

1. Contractor shall unload equipment from 3 trucks into a staging area. This equipment is listed in Section 6.

1. Contractor shall be available per the schedule listed in Section 5.

1. Contractor shall transfer the Modular Test Cell (MTC) and the Utility Module Enclosure (UME) to their designated location in accordance with the schedule listed in Section 5. Equipment details are listed in Section 6.

1. Contractor shall move the equipment listed in Section 6 to its designated locations in accordance with the schedule listed in Section 5.

1. Contractor shall provide capability to adjust placement of equipment to fit planned layout.

1. Contractor shall have materials, equipment, and personnel required to perform the work at the site prior to the commencement of the work.

1. Contractor supplied cranes used to unload and move equipment shall be operated by Qualified and trained operator. All contractor cranes may be inspected by FRC Chief Crane Engineer prior to making any lifts.

1. Contractor shall notify the Project Manager and FRC crane team within four (4) hours of any crane accident. In the event of a crane accident, the Contractor shall secure the accident site and contact the FRC Crane team to conduct an accident investigation to establish the root cause.

1. Contractor shall disconnect from power at the end of each workday, including all portable electric and air-operated tool and devices (saws, sanders, compressors, extension cords, lights, etc.).

1. Contractor shall comply with all federal, state and local laws governing safe work practices including all requirements specifically called for in this document.

1. Contractor shall require their personnel to familiarize themselves with the location of the nearest fire alarm boxes and place in memory the emergency MCAS Cherry Point Fire Department number (911).

1. Contractor shall ask permission to interrupt any activity roads, railroads, or utility service must be requested in writing a minimum of 15 calendar days prior to the desired date of interruption.

3. Applicable Documents:

1. FRC East Instruction 5000.1B, Enclosure 1

1. Safety & Health Requirement Manual, EM 385-1-1, U.S. Army Corps of Engineers

1. FRC East 5090/20, “Maintenance Contractor Hazardous Material Inventory”

1. 29 CFR 1910 and NFPA 70, Articles 250, 400, and 504.

1. 29 CFR 1926.1501.

NOTE: Copies of these instructions are available electronically/upon request.

4. Personnel Protection Equipment (PPE): The CONTRACTOR shall require their employees, while on-site, to wear the following PPE at all times:

1. Safety glasses ANSI Z87.1 approved.

1. Steel toe shoes ANSI Z41 approved.

1. Hearing protection that complies with OSHA Standard CFR 1910.95.

1. Hard hats ANSI Z89.1 approved.

5. Schedule:

6. Equipment:

Dimensions

Top View Side View

MTC Equipment - 41,500 LBS Estimated

UME Equipment – 40,000 LBS Estimated

7. G-001:

8. Staging Area:

Delivery Trucks bringing Equipment Requested Position for WHE Proposed Staging Area

9. Contractor Performance Requirements:

1. Safety, Environmental, Quality, Security Requirements: All personnel who enter or work in assigned spaces of this facility are required to comply with all federal, state, local, and site specific safety, environmental, quality and security requirements. FRC East has adopted and implemented additional safety programs to improve safety, quality, environmental, and security measures. Any individual found to not comply with this effort will be asked to immediately halt work.

1. Supervisors, managers, and employees are to report issues of non-conformance through the proper chain of command. Any individual or entity not willing to comply will state such and shall not be authorized to enter the facility. FRC East may take actions that result in removal of individuals or entities from this facility due to issues of non-compliance with stated instructions.

1. Documented proof of all required certification training/licensing listed in the contract shall be available upon request by their Contracting Officer Representative or any auditor.

1. All personnel working on site at the FRC East under this contract shall document their receipt and review of the information listed in reference (a) annually.

1. All contractors performing work on FRC East behalf and who have 10 employees at any time during the past calendar year, whose employees worked 1,000 or more hours in any quarter shall furnish FRC East their Total Case Incidence Rate for recordable nonfatal injuries and illnesses and their Days Away from Restricted work activity, and/or Job Transfer Rate for the past three years.

1. Foreign Object (FO) is defined as any article or substance alien to the aircraft or assembly which is allowed to invade the product. Foreign object damage (FOD) is the damage that occurs due to these FOs. All FRC East work sites shall be maintained in such a manner as to prevent FOD to aircraft and/or aircraft components. Work sites shall be kept clean at all times. All debris, scrap material, tools, and equipment will be cleared from the work site as work

1. progresses. At no time shall hoses, power cords, materials, etc. be permitted to create tripping hazards in areas of the work site.

1. In those cases where a contractor supervisor determines that solving a safety or health problem is beyond their control, but within the control of the FRC East, the contractor shall notify the appropriate point of contact identified in the contract.

1. All contractor employees performing work on site at FRC East shall immediately report any safety, security, or environmental violation to their contractor supervisor, as well as the cognizant FRC East Safety/Security/Environmental Office provided in reference (a). The initial FRC East notification can be made via phone or e-mail and should include as many applicable details as possible (date, time, identification numbers, tags, company, etc.). This initial notification shall be made as soon as possible. A safety incident will require the contractor to complete and submit an incident memo to the appropriate point of contact identified in the contract, with a copy to FRC East Safety Office within twenty-four hours of accident/incident). This incident memo will include the full name of the person involved in the incident, age, sex, job title, the name of the employing company and the contract number and title. In addition, this memo will include the severity of the illness or injury, indirect cause(s) or the accident and whether personal protective equipment was available and used.

1. All contractors and sub-contractors working within FRC East shall develop and operate effective safety and health programs. (CSS contracts only).

1. Contractors are required to wear personal protective equipment (PPE) consisting of hearing protection, eye protection, and safety shoes. PPE will not be provided by the facility. Contractor representatives without the appropriate PPE will not be allowed access to the facility.

1. Work areas utilized by contractors shall be provided an FRC East 5000/10, Contract Work Notice by their project manager before mobilization at the work site. This work notice requires the contractor to notify a point of contact in the shop where they will be accomplishing work and document this notification on the appropriate portion of this notice. One completed notice shall be posted conspicuously in the area prior to performance of work. A copy of this notice will be available by the contractor upon request at all times. Contact project managers will address any issues regarding completion or duplication of this form.

1. Work being performed is in critical areas, therefore constant control of tools and materials are required at all times. Tools and hardware will be controlled at all times to prevent migration out of the work site. Lost tools shall be reported to the tool control manager at 252-464-9741. Tools found unattended will be confiscated and reported to the contracting officer.

10. Government Points of Contact:

1. 6.1.3.3, Industrial/In-Service Support Contract Acquisition/Procurement Division, Services Branch:

1. Project Manager

1. Tanner Qualls tanner.c.qualls.civ@us.navy.mil

1. Crane Team:

0. 252-464-7763

0. 252-464-7817

CONTRACT ADMINISTRATION

1.0 Contract Administration for the Government

1. The following representative of the Contracting Office shall be contacted for contract administration purposes:

Name: Jeffrey G. Penny Phone: (252) 466-2844 DSN: 582-2844 Email: jeffrey.penny@usmc.mil

2.0 Communications

1. Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit the contractor’s facilities or in any other manner communicate with contractor personnel during the performance of this contract shall constitute a change under the “Changes” clause of this contract.

1. The contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and is signed by the Contracting Officer or is pursuant to specific authority otherwise included as a part of this contract.

1. A Contracting Officer for the Marine Corps Air Station, Cherry Point, NC, is the only person authorized to approve changes in any of the requirements of this contract and, notwithstanding, provisions contained elsewhere in this contract, the said authority remains solely the Contracting Officer’s. In the event the contractor effects any change at the direction of any person other than a designated Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made.

1. The contact information for the Contracting Officer is:

Name: Larry Davis Address: Cherry Point Satellite Contracting Office PSC Box 8018 Bldg. 159, MCAS Cherry Point, NC 28533-0018 Phone: (252) 466-7765 DSN: 582-7765

ADDENDUM TO FAR 52.212-1

1) Submission of Quote

1. The vendor is responsible for ensuring that quotes are received in the Contracting Office no later than 04:00 P.M. (EDT) on 30 May 2023 as indicated on page one (1) of this solicitation. Failure of vendor’s quote to be received prior to the hour and date specified may result in rejection of the quote.

1. Quotes shall be submitted electronically via email jeffrey.penny@usmc.mil.

1. RFQ Number M6700123Q1120 must be clearly shown in the subject line.

2) Instruction for the Preparation of Quotes: The vendor shall submit the following as part of their quote:

1. Information that demonstrates the vendor’s ability to provide the service in accordance with the requirements of the Performance Work Statement within the required Period of Performance (POP).

1. Quote firm-fixed price for each line item shown – for completion of all supplies/services in accordance with the requirements of the Performance Work Statement.

1. Vendor must include unit price and total amount for each line item. Vendor shall quote FOB Destination pricing.

1. Completed SF1449 to include

3. Signed/completed page 1 (Blocks 17 and 30)

3. Completed Representations and Certifications: The following representations and certifications must be completed and returned as part of the vendor’s quote

FAR 52.212-3 (Note that vendor is only required to complete paragraph (b) if they have not completed annual representations and certifications via the System for Award Management (SAM) website.)

e) Past Performance

0. Vendor may submit at least (3) relevant past performance references. Relevant past performance is defined as performance of contracts similar in technical complexity to this requirement. Include the following information for each contract listed:

0. Agency or company name

0. Contract Number (if applicable)

0. Point of Contact name and phone number

0. Brief description of each contract and relevance to this requirement

0. Total contract value

0. Period of Performance

0. If the vendor has not relevant past performance history, a vendor must affirmatively state that is posses no relevant past performance history.

ADDENDUM TO FAR 52.212-4(C)

Unilateral administrative changes (e.g.,a change in the paying office, line of accounting, cost code or the appropriation data, changing points of contact or telephone numbers, and correct typographical errors) are authorized under this section, so long as the written purchase order change does not affect the substantive rights of the parties and is consistent with customary commercial practice.

UNAUTHORIZED WORK PERFORMANCE

The Contractor shall not perform work that deviates from the purchase order (PO) and the Performance Work Statement (PWS). If the Contractor deviates from the PO and the PWS without approval of the CONTRACT ADMINISTRATOR / CONTRACTING OFFICER, such deviation shall be at the risk of the Contractor and any cost related thereto shall be borne by the Contractor.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

TANNER QUALLS

BLDG 148 BAY C

BEACHEY ROAD

CHERRY POINT NC 28533

252-464-5287 FOB: Destination N65923

SALES TAX EXEMPTION

The Contractor is hereby advised that the United States Government and Agencies thereof are exempt from State and Local Government tax by virtue of Article 6 of the United States Constitution. No exemption certificate is required.

BASE ACCESS

1.0 Contractor Access to Marine Corps Installation

1.1 Performance of this requirement requires access to Marine Corp Air Station (MCAS) Cherry Point. Contractor personnel shall follow all procedures for access to the Air Station in accordance with Air Station Order (ASO) 5560.6A, available at:

http://www.cherrypoint.marines.mil/Portals/86/Docs/Cherrypointorders/5560.6A.pdf?ver=2016-03-29-110019-410 and FRC East Instruction 5000.1B, Enclosure 1, available at: http//www.navair.navy.mil/frce/sites/g/files/jejdrs421/files/ 2018-11/5000.1B%20JUNE%202017%20enc1.pdf

Both the ASO and FRC East Instruction can be requested upon award if the vendor has any issues accessing the provided links. Separate access requests are required for base access and FRC East access. Please note, due to the Real ID Act, some state driver’s licenses will not be accepted without a second form of identification, like a passport.

1.2 Marine Corps Installations transition to new access control system

Marine Corps Installations across the region are transitioning to a new government-owned access control system called Defense Biometric Identification System (DBIDS). This new and enhanced system will replace RAPIDGate and MCESS for contractors and other non-DoD-affiliated personnel requiring installation access. DBIDS is already installed at more than 320 sites with over 5 million registered personnel and unlike previous systems, this one is a free service.

Current RAPIDGate or MCESS credentials can easily be switched out for a DBIDS credential and new contractors can apply for a DBIDS credential using the same vetting requirements as previously required. All contractors will be required to have a DBIDS credential in order to access MCAS Cherry Point. In order to reduce wait time when exchanging your RAPIDGate/MCESS credential, it is highly recommended each applicant pre-register at https://dbids-global.dmdc.mil/enroll#!/.

Here’s what you need to know:

Current DOD ID Card Holders

• If you currently hold a valid Common Access Card (CAC), dependent ID card, reserve ID card, or retiree ID card, issued by the Defense Enrollment Eligibility Reporting System (DEERS), no further action is required.

• You will be automatically enrolled in DBIDS when your ID card is initially scanned at the gate. Expect a one-time delay of 3-6 seconds as the DBIDS system initially registers your information.

Current Contractors

• DBIDS credentials will be issued beginning September 24, 2018

• DBIDS credentials will be valid for the duration of your contract, not to exceed five years; however, re-vetting of individuals’ information will occur each year.

• Contractors can exchange their current RAPIDGate/MCESS credential for a DBIDS credential without re-vetting, however they will be required to bring the following items:

- Current RAPIDGate/MCESS credential

- Second form of government-issued identification (driver license, passport, etc.)

- Company Contract/Letter of Authorization

• New DBIDS credentials will be valid for the remainder of the contract (not to exceed 5 years), but individuals will be re-vetted each year.

• All contractors (MCAS Cherry Point) will be able to exchange their current RAPIDGate/MCESS credential at the MCAS Cherry Point Contractor Vetting Office, Building 251 (Pass and ID).

NOTE: Flight line access will still be granted at Physical Security using the procedures already in place.

New Contractors

• DBIDS credentials will be issued beginning September 24, 2018

• New contractors requiring access for over 60 days will receive a credential valid for up to one year.

• New contractors requiring access for less than 60 days will receive a temporary paper pass.

REMINDER: Beginning October 1, 2018, all personnel in possession of a RAPIDGate/MCESS credential will also be required to provide a second valid U.S. government form of identification. Beginning September 24, 2018, DBIDS credentials will be issued or exchanged in place of a RAPIDGate/MCESS credential. The last day RAPIDGate/MCESS credentials will be authorized for entry onto the installation is December 31, 2018.

More information on DBIDS can be accessed by current CAC holders at https://dbids.dmdc.mil/#!/resources.

If you have questions regarding the exchange of a current RAPIDGate/MCESS credential for DBIDS or you are a new contractor seeking enrollment into DBIDS, please contact the Contractor Vetting Office at (252) 466- 4685/5921/3066/3461.

1.3 The point of contact (POC) for this requirement is: Primary – Kari Wilson, phone (252) 464-9163, email kari.s.wilson.civ@us.navy.mil or Ted Fidelholtz, phone (252) 464-5579, email theodore.a.fidelholtz.civ@us.navy.mil.

Note: There is no visit request form. A visit request may be in the form of an email or fax submitted on company letterhead and must contain the following information:

(a) Last name, first name, middle name, place of birth, last four digits of social security number, and citizenship.

(b) Name of the POC and their phone number.

(c) Purpose of visit, if classified/unclassified visit, dates of visit (one year maximum), company name, POC and phone number.

1.4 Additional information regarding access to the Air Station is available by phone at (252) 466-5921. Failure to submit the proper visit request information may result in denial of access to the facility.

1.5 The MCAS Cherry Point main gate is located off NC State Highway 101, Havelock, NC. Visitors without proper vehicle identification are required to check-in at the visitor’s center adjacent to the main gate.

1.6 Contractors are required to wear personal protective equipment (PPE) consisting of hearing protection, eye protection, and safety shoes. PPE will not be provided by the facility. Contractor representatives without the appropriate PPE will not be allowed access to the facility.

2.0 Identification of Contractor Personnel

Contractor personnel shall identify themselves as contractor personnel by introducing themselves or when being introduced. Contractor personnel shall display distinguishing badges or other visible identification for meeting with Government personnel. Contractor personnel shall appropriately identify themselves as contractor employees in telephone conversations and in formal and informal written correspondence.

3.0 Work Performed on Marine Corps Installation

3.1 The worked described herein shall be performed at the Fleet Readiness Center (FRC) East, Bldg. 133, MCAS Cherry Point, NC and shall be performed during the FRC East’s normal working hours, Monday through Friday 0630 to 1500, unless otherwise requested by the contractor and approved in advance by the Government.

3.2 During the course of contract performance the contractor, shall adhere to all rules and regulations in effect at Marine Corps Air Station Cherry Point. Contractors are required to comply with all Federal and North Carolina State Environmental, Security, and Safety Compliance requirements. Failure to adhere to these requirements may result in suspension or debarment of the individual employees and/or the contractor.

3.3 The contractor shall report any accidents or injuries occurring on site to the Safety Office via telephone:

Safety Office – (252) 464-7015 Fire Department – 911 Fire Department Dispatch – (252) 466-3616 Plant Engineering – (252) 464-7640 Quality Department – (252) 464-9397 ISO 14001 Management Rep – (252) 464-9814 or (252) 464-8412 Security – (252) 464-7999 Hazardous Material Program Manager – (252) 464-8051 Environmental Office – (252) 464-8042

CLAUSES INCORPORATED BY REFERENCE

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)

52.204-26 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.

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

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

The award will be made using simplified acquisition procedure and the best value process. For this reason, the final award decision may be made to other than lowest priced or highest technically rated quote. To determine the best value, a comparative assessment of the offeror’s price and other non-price factors (i.e. technical ability, past performance, and other evaluation factors identified elsewhere in this solicitation) will be conducted.

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

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022) 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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

"Sensitive technology"--

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

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

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

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

"Service-disabled veteran-owned small business concern"--

(1) Means a small business concern--

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

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

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

"Small business concern"--

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

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

"Small disadvantaged business concern, consistent with 13 CFR 124.1002", means a small business concern under the size standard applicable to the acquisition, that--

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

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

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

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

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

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

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

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

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

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

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

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

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.

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

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this…