RFQ NMFS AKR-23-1013 (f).pdf

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

OMB Approval No. 9000-0009

This RFQ [XX] is [ ] is not a Small Business Set-Aside

Page 1 of

33 pages

1. REQUEST NO.

NMFS AKR-23-1013

2. DATE ISSUED

October 13, 2022

3. REQUISITION/PURCHASE REQUEST NO.

N/A

4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

N/A

5a. ISSUED BY: U.S. DEPT. OF COMMERCE, NOAA, NMFS ALASKA REGION (AKR)

P.O. BOX 21668, JUNEAU, AK 99802

6. DELIVER BY (Date) See Statement of Work

5b. FOR INFORMATION CALL (NO COLLECT CALLS)

7. DELIVERY

NAME TELEPHONE NUMBER [ X ] FOB DESTINATION [ ] OTHER (see schedule)

GILBERT MENDOZA

FAX (907) 586-7255

AREA CODE

NUMBER

586-7579

9. DESTINATION

a. NAME OF CONSIGNEE

NOAA NMFS ALASKA REGION 8. TO:

a. NAME

b. COMPANY

b. STREET ADDRESS PO Box 21668

c. STREET ADDRESS

c. CITY Juneau

d. CITY

e. STATE

f. ZIP CODE d. STATE

AK

e. ZIP CODE 99802

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date) Friday – October 28, 2022 by 1:00 PM AK Time

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local Taxes)

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Contractor to provide NOAA National Marine Fisheries Services, Alaska Region one job of Professional Services to prepare an Environmental Assessment / Regulatory Impact Review, including small entity information, and support in accordance with the Statement of Work (SOW).

Travel – Not to Exceed $10,000.00 in accordance with the PWS.

Government will make award of a firm fixed price purchase order to the contractor based on best value to the Government per the evaluation factors of the SOW.

Job

Total

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS %

b. 20 CALENDAR

DAYS %

c. 30 CALENDAR DAYS %

d. CALENDAR DAYS

NUMBER

PERCENTAGE

NOTE: Additional provisions and representations [ ] are [ ] are not attached.

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO SIGN

QUOTATION

15. DATE OF QUOTATION

a. NAME OF QUOTER

16. SIGNER

b. STREET ADDRESS

a. NAME (type or print) b. TELEPHONE

c. COUNTY

AREA CODE

c. TITLE (type or print)

d. CITY

e. STATE

f. ZIP CODE

NUMBER

Authorized for Local Reproduction STANDARD FORM 18 (Rev. 6-95) Previous Edition Not Usable Prescribed by GSA FAR (48 CFR) 53.215-1(a)

Request Number: NMFS AKR-23-1013 Date Issued: October 13, 2022

(TYPE OR PRINT)

COMPANY NAME__________________________________________________________________

ADDRESS_________________________________________________________________________

CITY__________________________________________ STATE_____________________________

COMPANY UNIQUE ENTITY ID: ____________________________ SMALL BUSINESS? ______

QUOTED BY: _________________________________ E-mail:_______________________________

PHONE No:________________________________ FAX No:_________________________________

DATE __________________

RFQ PROCUREMENT ACTION NAICS CODE: 541690 –Other Scientific and Technical Consulting Services - SIZE STANDARD: $16.5 million

QUOTE DUE BY Friday – October 28, 2022 by 1:00 PM Alaska Time to GILBERT MENDOZA AT E-mail: Gilbert.Mendoza@noaa.gov, with the Subject Line “Contractor Name” – Response to RFQ NMFS

AKR-23-1013.

NOTE TO QUOTER:

NOAA NMFS Alaska Regional Office of Management Division (OMD), requires that all contractors doing business with OMD be registered with the System for Award Management (SAM). NO award can be made unless the vender is registered in SAM. For additional information and to register for free in SAM please access the following web site: https://www.sam.gov/portal/public/SAM.

mailto:ilbert.Mendoza@noaa.gov https://www.sam.gov/portal/public/SAM

STATEMENT OF WORK

Title:

Analysis of alternatives for federal management of commercial salmon fishing in the U.S. Exclusive Economic Zone of Cook Inlet off Alaska

Background:

The Fishery Management Plan for the Salmon Fisheries in the EEZ off Alaska (Salmon FMP) describes the North Pacific Fishery Management Council’s (Council’s) plan for conserving and managing salmon fisheries in a portion of the U.S. Exclusive Economic Zone (EEZ or federal waters) off Alaska. The Council developed the Fishery Management Plan (FMP) under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). The Magnuson-Stevens Act directs the Council to prepare a fishery management plan for each fishery under its authority that requires conservation and management. The fisheries under the authority of the Council are those fisheries that occur in the EEZ, which is 3 nautical miles to 200 nautical miles off the coast of Alaska.

The Magnuson-Stevens Act requires that each FMP be consistent with the ten national standards and contain specific conservation and management measures. The Salmon FMP was approved in 1979 and revised in 1990. In 2012, the Council again comprehensively revised the FMP to comply with Magnuson-Stevens Act requirements, such as annual catch limits and accountability measures, and to more clearly reflect the Council’s policy with regard to State of Alaska management authority for commercial and sport salmon fisheries in the EEZ.

Subsequently a Ninth Circuit Court ruling held that excluding federal waters of Cook Inlet put the Salmon FMP in violation of the Magnuson-Stevens Act. As a result, the Council initiated action in 2017 to amend the Salmon FMP to include the Cook Inlet EEZ, in accordance with the MSA and all other applicable Federal law. The Council developed an analysis and dedicated time to the identification of management measures through the Cook Inlet Salmon Committee, which was created to include stakeholders in the development of an FMP amendment.ion.

In 2020, the Council took action to revise the Salmon FMP and close the commercial salmon fishery that occurs in the EEZ waters of Cook Inlet. The Council’s action amended the Salmon FMP by removing an exclusion from federal management that applies to a portion of Cook Inlet that overlaps with the EEZ.

NOAA Fisheries issued a final rule to implement this as Amendment 14 to the Salmon FMP (86 FR 60568, November 3, 2021). Amendment 14 implemented Federal management of commercial salmon fishing in the Cook Inlet EEZ and closed the area to commercial salmon fishing, consistent with existing management of adjacent waters. On June 21, 2022, the U.S. District Court for the District of Alaska vacated the implementing regulations for Amendment 14. As a result, NOAA Fisheries is now developing new salmon management measures for the federal waters of Cook Inlet, with a goal for these management measures to be effective before June 2024. More background information can be found on the NOAA Fisheries Alaska Region website and the reference documents (see applicable documents section below).

Objective:

The objective of this contract is to prepare an Environmental Assessment / Regulatory Impact Review, including small entity information, and to provide other analytical and technical support to NOAA Fisheries Alaska Region and the North Pacific Fishery Management Council as they consider a range of alternatives for federal management of commercial salmon fishing in EEZ waters of Cook Inlet.

https://www.fisheries.noaa.gov/feature-story/noaa-fisheries-implementing-amendment-14-alaskas-cook-inlet

Scope of Work:

NOAA Fisheries intends to contract with one firm to provide one job of professional services to prepare the EA/RIR, including small entity information, consistent with the requirements of the Regulatory Flexibility Act. An EA/RIR will be developed for regulatory amendments necessary to establish new salmon management measures for the federal waters of Cook Inlet. NOAA Fisheries staff, including Alaska Regional economists and NOAA General Counsel (GC), will review a draft EA/RIR and the contractor shall revise the draft EA/RIR to address the agency comments. The contractor shall present the draft EA/RIR to the Council. The contractor shall then prepare a final EA/RIR that incorporates comments and recommendations by NMFS, NOAA GC, and the Council.

The analysis shall address alternatives and issues related to salmon management in the EEZ and the potential impacts of the regulations on the regulated public and NOAA Fisheries. Both the draft and final EA/RIR shall comply with the requirements of the National Environmental Policy Act (NEPA), the Executive Order 12866, the Regulatory Flexibility Act, and NOAA Fisheries guidance for the preparation of economic analyses (see applicable documents section below).

Applicable Documents:

Compliance Documents

The following documents provide specifications, standards, or guidelines that shall be complied with in order to meet the requirements of this contract:

● Executive Order 12866 of September 30, 1993

● Regulatory Flexibility Act

● NOAA Fisheries Guidance for Conducting Economic and Social Analyses of Regulatory Actions

● Magnuson-Stevens Fishery Conservation and Management Act

● NOAA Fisheries National Standard Guidelines

Reference Documents

The following documents may be helpful to the successful Contractor in performing the work described in this document:

● Environmental Assessment/Regulatory Impact Review for Proposed Amendment 14 to the Fishery Management Plan for the Salmon Fisheries in the EEZ Off Alaska

● Fishery Management Plan for the Salmon Fisheries in the EEZ off Alaska

● The Council’s analytical template is available from the North Pacific Fishery Management

Council, contact npfmc.admin@noaa.gov, or 907-271-2809.

Specific Tasks:

There are four tasks under this contract. Responses shall describe the technical approach to accomplish these tasks and responses will be evaluated as described in the Evaluation Factors.

Task 1: Project meetings

● Task 1.1 - Project kickoff meeting: The contractor shall initiate the contract with a kickoff planning meeting among the contractor, NOAA Fisheries staff, and others, as appropriate, to determine specific project deliverable dates, discuss the plan for updating the existing EA/RIR and to identify tasks, data, or inputs needed by the contractor from NOAA Fisheries or Council staff.

● Task 1.2 - Planning meetings: Throughout development and preparation of the draft and final EA/RIR, the contractor shall participate in analysis planning meetings with NOAA Fisheries and Council staff. These meetings will be conducted by video or phone unless the contractor and https://www.archives.gov/files/federal-register/executive-orders/pdf/12866.pdf https://advocacy.sba.gov/resources/the-regulatory-flexibility-act/ https://www.fisheries.noaa.gov/national/laws-and-policies/guidance-conducting-economic-and-social-analyses-regulatory-actions https://www.fisheries.noaa.gov/resource/document/magnuson-stevens-fishery-conservation-and-management-act https://www.fisheries.noaa.gov/national/laws-and-policies/national-standard-guidelines https://www.fisheries.noaa.gov/resource/document/environmental-assessment-regulatory-impact-review-proposed-amendment-14-fishery https://www.fisheries.noaa.gov/resource/document/environmental-assessment-regulatory-impact-review-proposed-amendment-14-fishery https://www.npfmc.org/wp-content/PDFdocuments/fmp/Salmon/SalmonFMP.pdf mailto:npfmc.admin@noaa.gov

NOAA Fisheries and Council staff happen to be located in the same place at a time convenient for the meeting (in other words, travel is not required for the planning meetings). The number and timing of the planning meetings will be determined by NOAA Fisheries and the contractor, as appropriate. For purposes of developing a firm-fixed price response, assume that there will be the following planning meetings by video or telephone lasting no more than two hours each:

○ two planning meetings before presentation of the initial review draft EA/RIR to the Council;

○ debriefing meeting after the presentation of the initial review draft EA/RIR to the Council

○ two planning meetings before presentation of the public review draft EA/RIR to the

Council for possible final action.

The above list of possible meetings is not intended to limit the communication between the contractor, NOAA Fisheries, and Council staff. It is intended to provide general information for context for the contractor to submit a complete response to provide a firm-fixed price for award.

Additional meetings and telephone calls may be scheduled by either the contractor or NOAA Fisheries as needed to successfully execute this contract.

Task 2. Prepare and present a draft Environmental Assessment/Regulatory Impact Review (EA/RIR) to establish new salmon management measures for the federal waters of Cook Inlet

● Task 2.1 - Preparation of a draft EA/RIR: The contractor shall prepare updates to the data in an existing draft EA/RIR that complies with the requirements of the National Environmental Policy Act (NEPA), E.O. 12866, the Regulatory Flexibility Act, NOAA Fisheries guidance for the preparation of EA/RIRs, and the Council/NMFS analytical template (see Applicable Documents section). Some of the most important requirements of these laws, E.O.s, and guidance are the requirements to analyze the impacts of the alternatives on the human environment; affected individuals, entities, and communities; and, if applicable, the impacts or costs to NOAA Fisheries or other management agencies. In addition, the EA/RIR shall identify the small entities that likely would be directly affected by the proposed action and describe the expected impacts of the action on those small entities, consistent with the requirements of the Regulatory Flexibility Act.

In the EA/RIR, the contractor shall use the purpose and need that will be developed by the Council and NOAA Fisheries and analyze the impacts of the alternatives identified by the Council and NOAA Fisheries. The contractor shall not modify the Council’s purpose and need statement or alternatives. These elements of the EA/RIR may only be modified by future direction from the Council or NOAA Fisheries. The EA/RIR shall provide an analysis of the impacts among the identified alternatives, elements, and options. The analysis that was completed for Amendment 14 (see reference documents section) shall be used as a foundation and the contractor shall update specific sections of the document, focusing on the Regulatory Impact Review (Chapter 4). While the draft should be as complete as possible, NOAA Fisheries staff and the contractor will agree during the kickoff meeting which components are prioritized to include in this draft (and what sections shall be completed later under task 3.1). The EA/RIR shall also address the degree to which each of the alternatives considered addresses the Council’s purpose and need. Finally, the contractor shall address any other issues or requests for further analysis identified by NOAA Fisheries, NOAA General Counsel, or Council staff in planning meetings.

The contractor shall submit a complete draft EA/RIR to NOAA Fisheries for internal review. All versions of the draft EA/RIR shall be submitted electronically as Word documents to NOAA Fisheries using the Council’s analytical template.

● Task 2.2 - Response to agency review: After the contractor submits the draft EA/RIR to NOAA Fisheries for internal review, NOAA Fisheries, NOAA GC, and Council staff will review the draft EA/RIR and provide a consolidated set of comments to the contractor. The contractor shall respond to these comments and submit a completed draft EA/RIR.

● Task 2.3 - Presentation of the draft EA/RIR: The contractor shall prepare slides, answer questions, and help present sections of the draft EA/RIR at the Council meeting in Anchorage, Alaska, focusing on the Regulatory Impact Review (Chapter 4). The overview will be given to the Council’s Scientific and Statistical Committee (SSC) and Advisory Panel (AP), and to the Council. Oral presentations shall be tailored to the needs and responsibilities of each of the advisory bodies and the Council. The contractor shall respond to questions from the SSC, AP, Council, and NOAA Fisheries and Council staff during the meeting.

Task 3: Prepare a public review draft EA/RIR to establish new salmon management measures for the federal waters of Cook Inlet

● Task 3.1 - Preparation of the public review draft EA/RIR: After initial review, additional analysis shall be conducted to prepare the public review draft of the EA/RIR. The actual additional work that may be needed on the draft EA/RIR will depend on the Council’s action at the time it conducts initial review of the draft EA/RIR. The public review draft shall include all additional information or analysis requested by NOAA Fisheries and the Council at its December 2022 meeting. The contractor shall submit a complete public review draft EA/RIR to NOAA Fisheries for internal review.

● Task 3.2 - Response to agency review: After the contractor submits a complete public review draft EA/RIR to NOAA Fisheries for internal review, NOAA Fisheries, NOAA GC, and Council staff shall review the EA/RIR and provide a consolidated set of comments to the contractor. The contractor shall respond to these comments and submit a completed public review draft EA/RIR to NOAA Fisheries.

● Task 3.3 - Presentation of the public review draft EA/RIR: The contractor shall prepare slides, answer questions, and help present sections of the public review draft EA/RIR to the Council in Anchorage, Alaska (note - pending Council scheduling, it is possible that this presentation could get pushed to June in Sitka, Alaska). The overview will be given to the Council’s AP and to the Council. Presentations must be tailored to the needs and responsibilities of each of the advisory bodies and the Council. The contractor shall help respond to questions from the AP, Council, and NMFS and Council staff during the meeting.

Task 4: Completion and submission of the final draft EA/RIR

● After the Council takes final action, the contractor shall revise the public review draft of EA/RIR to respond to comments raised during review by the Council, identify and describe the Council’s preferred alternative and final action. Lastly, the contractor shall submit a complete final draft EA/RIR to NOAA Fisheries.

Project Deliverables and Due Dates:

Development and presentation of the draft and final EA/RIR occurs in the following stages (milestones) and sequence, with the following projected schedule and deadlines. Specific milestones and deadlines may be adjusted as needed upon mutual written agreement between PSMFC and the contractor.

Tasks Deliverables Date Task 1 Task 1.1 - Project Kickoff meeting Within 3 business days of contract award.

Task 1.2 - Planning meetings Ongoing throughout the project Task 2 Task 2.1 - Contractor prepares updates to existing draft EA/RIR and submits to NOAA Fisheries for internal review

Estimated Nov 21, 2022 - Specific date will be determined in the project kickoff meeting

Task 2.2 - Contractor responds to agency comments and submits draft EA/RIR to NOAA Fisheries.

Within 3 days of receiving consolidated agency comments

Task 2.3 - Contractor helps present a draft EA/RIR to Council

2-3 days during the December Council meeting (Dec 3 - 13, 2022). Specific dates will be determined by Council schedule.

Task 3 Task 3.1 - Contractor submits public review draft EA/RIR to NOAA Fisheries for internal review

Feb 2022 - Specific date as determined in the project kickoff meeting and debriefing meeting after the December Council meeting.

Task 3.2 - Contractor responds to agency comments and submits public review draft EA/RIR to NOAA Fisheries.

Within 5 days of receiving consolidated agency comments

Task 3.3 - Contractor presents public review draft EA/RIR to Council

3-4 days during the April Council meeting (April 3 -11, 2023). Specific dates will be determined by Council schedule.

Task 4 Completion and submission the final draft

EA/RIR

Within 30 days after the Council’s final action

Travel:

Contractor shall attend two North Pacific Fishery Management Council meetings in Anchorage, AK and travel may be required to support this contract. Each trip is expected to be 4-5 nights. All travel required by the Government outside the local commuting area(s) will be reimbursed to the Contractor in accordance with the Federal Travel Regulations. The Contractor shall be responsible for obtaining Technical Point of Contact (TPC) approval (electronic mail is acceptable) for all reimbursable travel in advance of each travel event. Total travel shall not exceed $10,000.00 per purchase order award line item 0002.

Period of Performance:

The period of performance of this contract is from the date of award through August 31, 2023, unless extended by written mutual agreement.

Selection Criteria:

To be considered for the award please submit a complete response, including a resume of each person proposed to work on this project demonstrating their experience, and an explanation of the roles and responsibilities anticipated for each person listed. The contractor shall be selected in a process where each response and submitted resumes are reviewed by key NMFS AKR personnel and a determination is made as to that contractor’s ability to satisfy the needs of the requirements. Several factors will be considered, including clarity of response and quality of key personnel proposed. Award shall be made based on best value to the government per the evaluation factors.

Evaluation Factors:

All responses will be evaluated using the following criteria:

1. Experience: Responses will be evaluated on their recent (3 years) experience preparing economic analysis for proposed fishery conservation or management actions for the federally managed fisheries off Alaska and knowledge of the laws, regulations, and NOAA policies governing the preparation of RIRs and IRFAs. In addition, responses shall demonstrate successful experience preparing analytical documents to support the NMFS federal rulemaking process for North Pacific fisheries, experience preparing analytical documents for review by the North Pacific Fishery Management Council, and knowledge of analyses required for implementation of fishery management programs authorized by the MSA. Responses shall demonstrate experience developing analyses that meet NOAA Fisheries requirements and the ability to produce analytical documents on deadline.

2. Past Performance: For each person identified as key personnel on the contract, provide a list of the projects that each person has successfully completed in the past that demonstrate experience.

Describe how that person’s contribution to the listed project meets these experience requirements. Please include references from these projects.

3. Technical/Analytical Approach: Responses will be reviewed on the basis of their overall and specific technical and analytical approach to the described tasks, along with their understanding of the specific issues and risks relating to each of the separate tasks. Responses shall explain in writing their analytical approach to:

o Successfully and independently plan and carry out the required deliverables for this contract;

o Successfully apply expert knowledge of the laws, regulations, and policies governing the preparation of economic analyses of the Federally managed fisheries off Alaska;

o Effectively communicate with NOAA Fisheries and industry participants to plan and conduct the project to meet all project requirements and deadlines, and to respond to NMFS’s comments and recommendations about the draft written report and recommendations; and o Produce draft and final reports and recommendations that meet NMFS’s requirements by specified deadlines.

4. Price: Experience, past performance, and technical/analytical approach are more important than price. However, the price will be reviewed and considered when determining the best value to the government.

Government-Contractor Relationship(s):

The Government and the Contractor understand that the services to be provided under this contract by the Contractor are non-personal services and that no employer-employee relationship exists between the Government and the Contractor. The Technical Point of Contact (TPC) may provide technical direction, which will assist the contractor in accomplishing the Statement of Work.

Invoice:

In compliance with the Prompt Payment Act, the Financial Management Division will pay an invoice in accordance with the terms set forth in the contracts with vendors if it receives a "proper invoice". A "proper invoice" has:

● Name of the vendor and an invoice date:

● Purchase order number:

● Description, price and quantity of property and services actually delivered or rendered

● Payment terms

● Other substantiating documentation, for example a waybill for shipping charges if freight is $100 or more or other information as required by the contract

● Name, title, phone number, and complete mailing address of the responsible official to whom payment is to be made.

Invoices are to be submitted to:

National Marine Fisheries Service Attn: Procurement Office P.O. Box 21668 Juneau, Alaska 99802

Confidentiality and Data Privacy:

This contract may require that services contractors have access to Privacy Information. Service contractors are responsible for maintaining confidentiality of all subjects and materials and may be required to sign and adhere to a Non-disclosure Agreement (NDA).

Intellectual Property Rights:

All deliverables are the property of the U.S. Government. All analyses, documents, files (digital or other), notes, photos, and reports are to be used only by Contractor personnel assigned to this Contract.

Documents, files, and other data are to be shared and stored on Government owned equipment. Copies are not to be disseminated to anyone outside of the NMFS AKR or to any other contractor personnel without explicit release from the Government.

Information Technology (IT) Security:

As applicable, if accessing NOAA IT hardware, the contractor must meet the Department of Commerce IT Security Program Policy and Minimum Implementation Standards (found at https://connection.commerce.gov/collection/it-security-policy-and-fisma-reporting-program). The contractor must also adhere to NOAA and NMFS AKR security policies (found at https://www.csp.noaa.gov/policies/).

Risk:

This work is considered low risk, and Contractor staff shall be suited for public trust classification.

Background investigations may be required for all contractor staff proposed for this contract, and shall be completed prior to beginning work.

Federal, State, and Local Taxes:

Except as may be otherwise provided in this contract, price includes all applicable federal, state, and local taxes and duties in effect on the date of this contract, but does not include any taxes from which the Government, the Contractor, or this transaction is exempt. Upon request of the contractor, the Government shall furnish a tax exemption certificate or similar evidence of exemption with respect to any such tax not included in the contract price pursuant to this clause. For the purpose of this clause, the term "date of this contract" means the date of the contractor's quotation or, if no quotation, the Purchase Order Award date.

https://connection.commerce.gov/collection/it-security-policy-and-fisma-reporting-program https://connection.commerce.gov/collection/it-security-policy-and-fisma-reporting-program https://www.csp.noaa.gov/policies/ https://www.csp.noaa.gov/policies/ https://www.csp.noaa.gov/policies/

PROVISIONS

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

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020)

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 Items. 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) Representation. The Offeror represents that—

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

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

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

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

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

(End of provision)

52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JAN 2020)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): www.acquisition.gov and www.osec.doc.gov

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the provision.

(b) The use in this solicitation of any Commerce Acquisition Regulation (CAR) (48 CFR Chapter 1352) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of provision)

52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

(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, in descending order of importance:

Price, technical capabilities and past performance

(b) Options. Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers or quotations for award purposes by adding the total price for all options to the total price for the basic requirement to determine the total evaluated price. This includes options under FAR clause

52.217-8, Option to Extend Services, which applies to this solicitation. Evaluation of options will not obligate the Government to exercise the option(s).

(c) 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.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (JUNE 2020)

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

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

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

Forced or indentured child labor means all work or service—

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the

Department of the Treasury, or are expressly exempted under Federal law from the 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”—

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 veteransor, 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 means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

Small disadvantaged business concern, consistent with13 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 at13 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 CFR124.104(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 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.

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 least51 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.

(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 Items, 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 will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it □ is, □ is not a small business concern.

(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 it □ is, □ is not a service-disabled veteran-owned small business concern.

(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 CFR124.1002.

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

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women- owned small business concern in…