Roman Catholic Priest Solicitation_Final.docx

M6739924Q0018

Section SF 1449 - CONTINUATION SHEET

Catholic Priest Services

FFP

See Performance Work Statement.

FOB: Destination

PURCHASE REQUEST NUMBER: M350024501109

PSC CD: G002

NET AMT

FFP

See Performance Work Statement.

FOB: Destination

NET AMT

FFP

See Performance Work Statement.

NET AMT

FFP

See Performance Work Statement.

NET AMT

FFP

See Performance Work Statement.

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

30-JUN-2025

RP1 HUEY,JOHN

ENVIRONMENTAL AFFAIRS BLDG 1418/ROOM 27

TWENTYNINE PALMS CA 92278

760-830-6802

M35002

30-JUN-2026

M35002

30-JUN-2027

M35002

30-JUN-2028

M35002

30-JUN-2029

M35002

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

Roman Catholic Priest

1. Background. The mission of the Command Religious Program is to provide comprehensive religious support services for all eligible personnel at Marine Air Ground Task Force Training Command (MAGTFTC)/Marine Corps Air Ground Combat Center (MCAGCC), Twentynine Palms CA 92277.

2. Scope of Work. Services provided under this contract shall consist of the development and implementation of religious programs for eligible Roman Catholic personnel and their eligible family members, within MAGTFTC/MCAGCC, Twentynine Palms CA 92277.

3. Applicant and Clergy Matters. The Contractor must meet the prerequisites for Roman Catholic priestly ministry as defined by the Archbishop of the Archdiocese for the Military Services (AMS). The Contractor must be an ordained Roman Catholic Priest who is in good standing with the AMS, and the Bishop of his own diocese or the superior of his religious community.

a. The Contractor shall:

1. Provide proof of ordination as a Roman Catholic Priest.

1. Provide an ecclesiastical endorsement by the AMS (DD Form 2088).

1. Provide three letters of recommendation which attest to his personal character and moral integrity.

b. The Contractor shall submit to and successfully pass a Criminal History Background Check in accordance with Department of Defense Instruction 1402.05. Such background checks are required of all contractors who are reasonably expected to have regular contact with children under the age of 18 on a Department of Defense (DoD) installation, in a DoD sanctioned program, or as part of a military-sanctioned activity, and are based on fingerprints obtained by a government law enforcement officer, as well as inquires conducted through the Federal Bureau of Investigation and State Criminal Repositories.

c. The Contractor shall provide a substitute priest, at the Contractor’s expense, in the event that the Contractor is unable to provide services, either due to (1) conducting a sabbatical during each contract year for professional purposes (such as professional development, attending the annual convocation of the AMS or his own home dioceses, or making an annual retreat; absences for these purposes will normally not exceed fourteen (14) days per contract year and be coordinated with the COR, the Command Chaplain and any assigned active duty priests as far in advance as possible, and will not accrue from one contract year to another), (2) conducting personal rest and recovery (no more than 4 weeks per year and normally not more than two weeks at the same time, as coordinated with the COR, the Command Chaplain and any assigned active duty priests as far in advance as possible), or (3) as a result of emergency circumstances. Substitute priests must meet all contract specifications. In accordance with AMS policy, substitute priests must be compensated commensurate with a GS11/GS12 federal hire for the San Bernardino County locality. Current GS pay schedules are available on the Office of Personnel Management website, opm.gov. The requirement for a substitute must be submitted, in writing, along with letter of good standing from the substitute priest’s diocesan bishop or religious superior to the COR at least fourteen days prior to the event, but should coordinated with the COR, the Command Chaplain and any assigned active duty priests as far in advance as possible. The notification requirement may be waived in emergency cases. If a substitute priest is needed more than four instances per calendar year, the contracted priest must request the faculties of the Archdiocese to utilize the substitute priest’s continued services.

4. Specific Tasks. In all the tasks undertaken by the Contractor, it should be clearly understood that the Contractor will function only as a Catholic Priest, and not in the broad capacity commonly associated with military chaplains. The only function required of the Contractor and authorized by this contract is that of providing for the religious needs of Roman Catholics. Therefore, the Contractor shall assist the Command Chaplain by performing or providing the following services (or other such Roman Catholic services as circumstances may warrant):

1. Celebration of Mass. The Contractor shall assist the Command Chaplain by celebrating two weekend Masses at the Immaculate Heart of Mary Chapel, according to the published schedule, and in accordance with AMS Priests’ Manual and Roman Catholic Code of Canon Laws. The Contractor shall celebrate Daily Mass, Monday through Friday, usually at 11:30 AM (except on regularly-scheduled days when performance is not required; see paragraph 6 below). During field exercises, and upon request, the Contractor will support chapel ministry at Camp Wilson by providing a weekly Mass. This service does not change the total Masses performed during the week, but will serve as a swap to one of the normally scheduled Masses. The Contractor shall celebrate two Masses according to the published schedule for each of the major liturgical observances or Holy Days of the Catholic Faith, to include, but not limited to:

b. Celebration of Sacraments. The Contractor shall assist the Command Chaplain by celebrating the Sacraments of the Roman Catholic Church in accordance with AMS guidance.

c. Liturgical Certifications. The Contractor shall assist the Command Chaplain in certifying the training of all liturgical assistants (Ushers, Altar Servers, Lectors, Extraordinary Ministers of Holy Communion) as needed for the proper conduct of Roman Catholic worship and ceremonies. The training will normally be conducted by the Catholic Coordinator of Religious Education.

d. Pastoral Care of Roman Catholics. The Contractor shall assist the Command Chaplain by making himself available and providing pastoral counseling for all Roman Catholic active duty, reserve, or retired military personnel. The scope of this counseling shall be limited to issues of a pastoral or sacramental nature related to the counselee’s Roman Catholic faith. The Contractor shall make himself available and provide pastoral visits during regular working hours to Catholics who are hospitalized, including the provision of Holy Communion and the Anointing of the Sick and Dying, as needed.

e. Administration. The Contractor shall assist the Command Chaplain by participating in the monthly meetings of the Catholic Chapel Advisory Council. The Contractor shall deliver to the AMS a Quarterly Report, which may be delivered electronically. The report should consist of all sacramental acts performed during the quarter, as well as a narrative, which highlights the events of the period. A copy of the AMS Report shall be provided to the Command Chaplain.

f. Mission Essential. The Contractor shall be prepared to continue providing services, in accordance with the terms and conditions of this contract and Defense Federal Acquisition Regulation Supplement (DFARS) 252.237-7023, during periods of crisis. The Contractor shall provide a written plan in accordance with DFARS 252.237-7024 and which is specifically incorporated herein, to ensure continuation of services during crises. The Contractor shall only activate such plans during periods of crisis as authorized by the Contracting Officer.

5. Deliverables. The Contractor shall submit the deliverables listed in Table 1 below to the recipients and according to the schedule provided in the table.

Table 1. Deliverables

6. Period of Performance. The contract is for a base period of twelve months with four one-year options years. During this time, the Contractor is required to perform his contracted pastoral duties as usual on civil holidays, as may be required by the Roman Catholic Church. The Contractor shall observe all Federal Holiday periods, except as required for the performance of the terms of his contract (e.g., Sunday or Holy Day Masses). The Contractor shall have two regularly-scheduled days per week when performance is not required, except Sundays, normally Saturday and one weekday to be determined with the Command Chaplain and COR. If Catholic Holy Days coincide with one of the regularly-scheduled days when performance is not required, the Contractor will adjust accordingly so as not to cause any interruption in the delivery of required pastoral services, according to the guidance of the AMS.

7. Contractor Responsibilities.

a. The Contractor shall be responsible for safeguarding all Government property assigned for his usage. He will assure that and equipment under his use will be secured at the close of each service period, in coordination with the Religious Program Specialist assigned, if such is necessary. The Contractor shall be responsible for maintaining close custody of all keys for Government property and facilities that have been made available for his use. Moreover, he will safeguard such keys from loss or use by unauthorized persons. Upon discovering the loss or misuse of any keys, the Contractor will report immediately such loss or misuse of keys to the COR. The Contractor shall be responsible for providing the Command Chaplain with personal points of contact (e.g., email address, phone number, etc.) for use in an emergency or other contract coordination requirements.

b. The contractor shall maintain liability insurance for any damage or third party liability. The Contractor shall maintain a copy of all proofs of required insurance and shall make copies available to the Contracting Officer upon request. In accordance with FAR 52,228-5, Insurance of a Government Installation, the Contractor, at its own expense, shall acquire and thereafter maintain the following types of insurance with respect to performance under this contract:

c. Workmen’s Compensation Insurance, or equivalent workmen’s compensation coverage, as required or prescribed by law, with minimum employer liability of $100,000 for accidental bodily injury or death, or for occupational disease; Comprehensive General Liability with minimum limits of $500,000 per occurrence for bodily injury; and Comprehensive Automobile Liability with minimum limits of $200,000 per person and $500,000 per accident or occurrence for bodily injury, and $20,000 per occurrence for property damage.

8. Government Responsibilities. On behalf the United States Government, the Command Chaplain will provide the Contractor with suitable facilities for the specific tasks of this contract, to include but not be limited to, access to the Immaculate Heart of Mary Chapel, the sacristy, and suitable office space; office supplies, as available, and as requested by the Contractor in the furtherance of the performance of his duties and services as described in this contract; telephone service for official business only and for the performance of services described in this contract. The Contractor agrees to abide by all Government regulations regarding the use of official telephones, computer and printer access, as well as a non-classified internet protocol router (NIPR) account as provided by the United States Government. The Contractor agrees to abide by all rules and regulations established by the United States Government regarding the use of a Government computer, and to adhere to all security regulations regarding the use of a Government computer. The Contractor agrees to abide by all rules and regulations established by the Government for all requisite materials for liturgical celebrations and pastoral work, such as vesture, sanctuary supplies and instructional materials. The Contractor will be provided with a one-day orientation, which includes presentations regarding the history, ethos, culture and expectations of the United States Marine Corps, and MCAGCC to be conducted during normal working hours. The purpose of this orientation is to provide the Contractor with an understanding of and familiarization with the environment and sub-culture in which he is ministering. The Contractor will be provided with guidance on military protocol regarding titles. The Contractor may not use the title “Chaplain” or be referred to as “Chaplain,” but rather should use his civilian equivalent title, “Father.”

9. Applicable Technical Orders, Specifications, Regulations and Manuals. The Contractor shall coordinate with the Command Chaplain’s Office or representative regarding the scheduling and usage of any all Command Religious Program spaces, facilities and equipment. The Contractor shall familiarize himself with, and adhere to, the following publications as well as any others provided by the COR and deemed relevant to the delivery of Roman Catholic ministry:

1. SECNAVINST 1730.7E - Religious Ministry Support within the Department of the Navy

2. SECNAVINST 1730.8B W/CH-1 - Accommodation of Religious Practices

3. MCO 1730.6F W/CH-1 - Command Religious Programs in the Marine Corps

4. CCO 1730.4J - Command Religious Program

*Upon request the COR may provide if deemed relevant and required the publications stated above.

10. Travel. The Contractor shall be responsible for all expenses related to travel to and from MCAGCC and travel in and around MCAGCC. The Government will not pay for any travel, including local travel, which is defined as any travel within a fifty-mile radius of the Contractor’s office aboard MCAGCC.

11. Authority of Government Personnel. The Contracting Officer is the only person who can legally modify a resulting contract or obligate the Government for expenditure of funds. Costs shall not be incurred by recipients of the solicitation in anticipation of receiving direct reimbursement from the Government. Only the Contracting Officer has the authority to authorize deviations from the terms and conditions of any resulting contract, including deviations from specifications and requirements. In the event the Contractor does deviate, without written approval of the Contracting Officer, such deviations shall be at the risk of, and any cost related thereto, shall be borne by the Contractor. Any matter concerning a change to the scope, prices/costs, terms, or conditions of this contract shall be referred to the Contracting Officer.

12. SECURITY: Base access requirements and procedures may change during the term of a contract. The contractor shall comply with all changes, and such compliance shall not be grounds for a request for an equitable adjustment or other contract modification.

Contractor and subcontractor employees shall comply with installation rules and regulations, including installation access requirements. The Contractor is responsible for ensuring that each of its subcontractors fully comply with the following requirements, and shall flow down to subcontracts a clause to satisfy this contractual obligation.

The Commanding Officer of each base has broad authority to remove or exclude any person from the military installation to protect personnel and property, to maintain good order and discipline, and to ensure the successful and uninterrupted performance of the Marine Corps mission. In the exercise of this authority, the Commanding Officer may refuse to grant entry or may bar Contractor employees, including employees who have been granted a personal entry pass. Refusal to grant an employee a personal entry pass or bar an employee does not relieve the Contractor of the responsibility to continue performance under this contract, and shall not constitute grounds for contractor claim or request for equitable adjustment.

The Contractor’s employees shall observe and comply with all base rules and regulations applicable to contract personnel, including those applicable to the safe operation of vehicles, and shall not be present in locations not required for the proper performance of this contract.

Contractor personnel performing work under this contract shall be readily identifiable as an employee of the contractor either through the use of uniforms or with nametags, as directed by the Contracting Officer. Any alternate methods of ensuring contractor personnel are readily identifiable must be approved in advance by the Contracting Officer.

Contractor personnel and equipment entering a military installation are subject to security checks. Contractor personnel shall follow any direction given by Military Police or other security or safety personnel.

Business Passes or Employee Credentials:

The Contractor is responsible for providing information required to obtain clearances, permits, passes, security badges, or employee credentials required for Contractor personnel or equipment access. This includes information required for police or background checks or investigations.

The Contractor is responsible for ensuring such clearances, permits, passes, security badges, or employee credentials are immediately returned to the issuing activity upon termination of an employee, completion of a project, or termination of a contract or subcontract.

All Contractor personnel performing work under this contract who require access to military installations shall obtain whatever personal entry or vehicle passes are required for access to that installation. The procedures below are the current installation access requirements for Twentynine Palms and are provided for information only. The Contractor is responsible for ascertaining and complying with all currently installation access requirements throughout all performance periods under this contract.

Instructions

1. Access Procedures Are Mandatory: All contractor employees are required to obtain business access or permanent business access. Daily access procedures must not be used to circumvent background check requirements outlined below. Attempts to improperly use daily access procedures may result in denial of access to the involved employees.

2. Business Access: Required for contractor employees requiring access for periods from one day to one year. Submit the following:

· A valid form of Federal or state government I.D.

· If driving a motor vehicle, a valid driver's license, vehicle registration and proof of insurance.

· Proof of employment on a valid Government contract (e.g., a letter from the prime contractor including contract number and term).

· Proof of an employee background check conducted within the past year covering the previous two years. Contractor employee background checks are conducted at contractor expense. The background check:

1. Must establish the employee's citizenship or legal alien status. Acceptable documents include birth certificate, Immigration and Naturalization Service (INS) forms and passports.

1. Must include proof of a criminal records check from the county or state where the employee resided for the previous two years (or length of legal residence for foreign nationals in the U.S. for less than two years).

1. Will be subject to Government verification via the FBI National Crime Information Center (NCIC) Interstate Identification Index (III). If the background check is selected for verification, the employee will be required to submit fingerprint records to the FBI Automated Fingerprint Identification System (AFIS) database. NCIC checks and fingerprinting will be performed at Government expense.

Note: All contractor personnel performing work under this contract requiring access to the military installation shall obtain personal entry and a vehicle pass from the Provost Marshal’s Office (PMO) of the Combat Center. For the MCAGCC/MAGTFTC, this process includes the completion of a COMBAT CENTER ACCESS AUTHORITY letter issued by the Regional Contracting Office (NW).

3. Permanent Business Access: Required for contractor employees requiring access for periods from one to three years. Submit all items listed above under “business access.” NCIC check and fingerprint of all contractor employees will be conducted at Government expense. Contractor-provided background checks will be reevaluated annually, and will be updated by the contractor as required at the contractor’s expense.

4. Emergency Access: Each Marine Corps installation develops its own procedures which allow the contractor quick access without compromising installation security for situations in which contractor response is crucial in order to preserve and/or restore critical facilities. The contractor is responsible for ascertaining and complying with the procedures established by each installation on which it does business.

5. Installation Access Badges: Each Marine Corps installation develops its own procedures for readily identifying contractor employees working on the installation. The installation may either provide access badges to individual contractor employees at government expense or it may require the contractor to provide badges to its employees, at its expense. The contractor is responsible for ascertaining and complying with the procedures established by each installation on which it does business.

6. Denial of Access: The Commanding General of each installation has broad authority to remove or exclude any person in fulfilling his responsibility to protect personnel and property, to maintain good order and discipline, and to ensure the successful and uninterrupted performance of the Marine Corps mission. In the exercise of this authority, the Commanding General may refuse to grant access or may bar contractor employees, including employees who have previously been granted access. Refusal to grant an employee access or barment of an employee does not relieve the Contractor of the responsibility to continue performance under this contract. Among other reasons, access may be denied if it is determined that an employee:

1. is subject to an outstanding warrant.

1. has knowingly submitted an employment questionnaire with false or fraudulent information.

e. has been issued a debarment order and is currently banned from military installations.

7. Employee Identification: Contractor personnel performing work under this contract shall be readily identifiable as an employee of the contractor through the use of uniforms or nametags, or via an alternate method approved by the Contracting Officer.

8. Employee Compliance. The Contractor’s employees shall observe and comply with all MCAGCC/MAGTFTC rules and regulations applicable to contract personnel, including those applicable to the safe operation of vehicles, and shall not be present in locations not required for the proper performance of this contract. Contractor personnel and equipment entering a military installation are subject to security checks. Contractor personnel shall follow any direction given by military police, law enforcement, or other security or safety personnel.

9. Contract Termination: The Contractor is responsible for ensuring clearances, permits, passes, or security badges are promptly returned to the issuing activity upon termination of an employee, completion of a project, or termination of a contract or subcontract.

QASP

QUALITY ASSURANCE SURVEILLANCE PLAN

For: Roman Catholic Priest

PERFORMANCE REQUIREMENTS:

Required Services (Tasks)

Standards Acceptable Quality Levels Methods of Surveillance

File reviews, periodic inspections, random observations and customer complaints

*Upon award of this contract, a Post-Award meeting will be scheduled between the COR and the awardee to review QASP Performance Surveillance protocols.

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.

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of Federal specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the address in paragraph (i)(1)(i) of this provision.

(2) Most unclassified Defense specifications and standards may be downloaded from the ASSIST website at https://assist.dla.mil.

(3) Defense documents not available from the ASSIST website may be requested from the Defense Standardization Program Office by--

(i) Using the ASSIST feedback module (https://assist.dla.mil/feedback); or

(ii) Contacting the Defense Standardization Program Office by telephone at 571-767-6688 or email at assisthelp@dla.mil.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable.