SF18 1333MF21QNFFN0039 8knot vessel charter.pdf

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDE

15. DATE OF QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

b. TELEPHONE

AREA CODE

NUMBER

STANDARD FORM 18 (REV. 6-95) Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

8. TO:

b. COMPANYa. NAME

c. STREET ADDRESS

d. CITY e. STATE f. ZIP CODE

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

c. CITY

d. STATE e. ZIP CODE

7. DELIVERY

FOB DESTINATION

OTHER

(See Schedule)

10. PLEASE FURNISH QUOTATIONS TO THE 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 service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.

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

ITEM NUMBER

(a)

SUPPLIES/ SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

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

a. NAME OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

PAGE OF PAGES

1. REQUEST NUMBER 2. DATE ISSUED 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG. 1

RATING

5a. ISSUED BY 6. DELIVER BY (Date)

5b. FOR INFORMATION CALL (NO COLLECT CALLS)

NAME TELEPHONE NUMBER

AREA CODE NUMBER

3. REQUISITION/PURCHASE REQUEST NUMBER

NF-FN7110-21-023581333MF21QNFFN0039

OFFICE OF MANAGEMENT & BUDGET

1315 EASTWEST HWY

/F/MB SSMC3 RM 14451

SILVER SPRING MD 20910

SHAWANA RANDOLPH

SHAWANA.RANDOLPH@NOAA.GOV

Please See Continuation Page for Line Item Details

727 249-5977

PANAMA CITY BRANCH /F/SEC11

NMFS 3500 DELWOOD BEACH RD

PANAMA CITY

32408-7499FL

ISSUING OFFICE IN BLOCK 5b ON OR BEFORE CLOSE OF BUSINESS (Date)

JUN 21, 2021

OCT 31, 2021

DUNS:

FN711023

Attachment Page

PAGE 2 OF 40 1333MF21QNFFN0039

Attachment Page

PAGE 3 OF 40 1333MF21QNFFN0039

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 VESSEL AND CREW WITH MAINTAINABLE CRUSING

SPEED OF AT LEAST 8 KNOTS.

WORK SHALL BE COMPLETED FROM JULY 2, 2021

TO OCT 31, 2021.

21.00 EA

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Table of Contents

Statement of Work Vessel Charter

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (OCT 2018)

1352.201-70 CONTRACTING OFFICER´s AUTHORITY (APR 2010)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.204-24REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

(OCT 2020)

52.204-26COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT 2020)

52.212-1INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2020)

52.212-3OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (FEB 2021)

52.212-5CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL

ITEMS (JAN 2021)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

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

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.252-5AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

52.252-6AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

1352.233-70 AGENCY PROTESTS (APR 2010)

1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

1352.270-70 PERIOD OF PERFORMANCE (APR 2010)

1330-52.203-70SCIENTIFIC INTEGRITY AND RESEARCH MISCONDUCT

1330-52.222-71NOAA SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND RESPONSE POLICY APPLICABLE TO

CREW MEMBERS OF VESSELS UNDER NOAA CONTRACT OR ORDER (MAY 2018)

1330-52.237-70CONTRACTOR COMMUNICATIONS

1330-52.237-71NOAA GOVERNMENT-CONTRACTOR RELATIONS - NON-PERSONAL SERVICES CONTRACT (SEPT 2017)

1330-52.243-70REQUESTS FOR EQUITABLE ADJUSTMENT (OCT 2017)

1330-52.270-304NOAA ACQUISITION AND GRANTS OFFICE OMBUDSMAN (OCT 2016)

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CLAUSES

Statement of Work Vessel Charter

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STATEMENT OF WORK

National Oceanic and Atmospheric Administration (NOAA)

NOAA FISHERIES

SEFSC Panama City Laboratory

Vessel and Crew with Maintainable Cruising Speed of at least 8 kts

NF-FN7110-21-02358

I. Background/Overview:

A cross-shelf trap and stereo camera survey of hard bottom habitat in the northeast Gulf of Mexico is being conducted with a primary objective to generate indices of relative abundance of federally-managed reef fishes for stock assessments and to inform fishery managers.

II. Scope of Work

The contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified) to provide charter operations for 21 sea days (split into at least 3 trips) in the area between longitudes 85°20’ and 89°10’ and south to latitude 29° (approximately Cape San Blas, FL to Biloxi, MS) out to 100m depth. The vessel will be used in performing deployment and retrieval of stationary video cameras and fish trapping. The equipment required to perform the work will be provided by NOAA Fisheries except for vessel services. In addition, the vessel daily rate will include the services of the captain and a minimum of one crew member, fuel, and berthing accommodations equal to that of the crew for up to 3 (three) NOAA fisheries biologists. The contractor is responsible for providing food and drink for the vessel's captain and crew. NOAA shall provide its participants with required meals and drinks. The Contractor must submit to the Project lead, the vessel Crew negative COVID-19 test within 3 days of departure. Tests for contractor personnel will be at the contractor’s expense

III. Requirements:

A. Minimum Vessel requirements: Below are the minimum requirements necessary to be considered for the purchase order unless otherwise specified.

1. USCG inspected vessel with all equipment listed in the Code of Federal Regulations (46 CFR §25) Must provide proof of USCG Certificate of inspection (and that it is current for the duration of the charter period).

2. Length (LOA) of at least 50 ft suitable for offshore work

3. Maintainable cruising speed of at least 8 kts

4. Minimum of 2 DSC VHF radios (Digital Selective Calling), single side band radio or satellite phone, EPIRB (Emergency Position Indication Radiobeacon), automatically deploying life raft, and all safety equipment required by the USCG

5. Ability to safely operate in at least 4’ seas up to 80 nm from shore

6. At least 150 sq ft of useable deck space

7. Ability to operate independently of land for at least 8 days

8. Hydraulic lifting system capable of controlled lifting of gear weighing up to 300 lb from depths up to 160ft using ½” line at a minimum rate of 60’/minute

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9. Hoisting mechanism with boom, davit, crane, or A-frame extending far enough away from the vessel such that gear (3’ radius, 3’ height) does not strike the vessel when lifting to and from the deck to the water’s surface

10. Air conditioned accommodations for 3 scientists isolated from bridge and work areas

11. Refrigerated storage capacity for food for NOAA scientists and crew for at least 8 days

12. 200 gal fresh water or freshwater maker

13. Head and freshwater shower with door

14. Air conditioned lab space for at least 3 computers and photography gear

15. Wet working area for fish dissection

16. Full galley

17. Capable of pinpoint gear deployment and retrieval (within 5m)

18. Depth sounder, radar, 2 GPS units, and 120VAC power

19. The vessel must be provisioned with appropriate first-aid and medical supplies including adequate supplies to provide basic medical support for animal bites, common injuries (including slips, trips, falls, sprains, strains) and illness (including seasickness, common cold, food borne illness, etc.) and at least one Automated External Defibrillator (AED) unit. Additional medical supplies required for suspected COVID case described in Special Requirements Section are also required.

B. Crew Requirements and Experience:

1. The minimum crew shall consist of a Captain and one crew member.

2. The Captain shall have a minimum of three (3) years’ of captaining offshore vessels.

3. The Captain and crew must have a working knowledge of fishing gear and experience accurately deploying and retrieving gear is essential.

4. The crew must have the capability of assisting deployment and retrieval of camera arrays; including deployment and retrieval of lines.

Offerors shall indicate pertinent employment experience for each crew member within the past ten (10) years. Similar documentation will be submitted to the Contracting Officer for approval of all replacement personnel proposed for hire during the charter.

C. Scientific Personnel

1. The Government field party will consist of a maximum of four (4) scientists and may include both genders.

2. One Government employee will be designated Field Party Chief/Chief Scientist. That person will be responsible for implementation of the Cruise Plan, compliance with the charter terms, and the conduct and performance of Government personnel aboard the vessel.

D. Operating Procedures

1. Workday length and hours will be determined by the Field Party Chief (FPC) in consultation with the Captain. The decision will be based on the type of activity expected as well as on prevailing weather conditions and the Cruise Plan. The length of working days will range from 10-16 hours. A typical sampling workday will last about 12 hours beginning 1 hour after sunrise, and ending as late as 1 hour after sunset, depending on daylight, tides, and weather. The Field Party Chief has the final authority except in matters relating to safety of the vessel and all personnel on board. The workday for the vessel crew may occasionally exceed that of the scientific field party, since they will

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normally be required to run to the next survey area or anchorage after completion of the sampling day, so that sampling can commence early in the morning. Scientific personnel will download, charge, maintain, and prepare all video equipment after the field day, for the next field day.

2. The Field Party Chief and Captain shall meet a minimum of twice a day to discuss survey operations and resolve any problems that occur. A meeting should occur at the start of the day before fishing operations begin to discuss the planned activities for the day and at the end of the day to review the work completed that day, any problems which occurred, and plans for the next day’s operations.

3. The Field Party Chief and Captain shall work together to resolve all problems which occur regarding the charter. In the event the Field Party Chief and Captain are unable to resolve any problem which could threaten the safety of the field party, the Field Party Chief will direct the vessel to return to port where an acceptable solution will be arranged between the Government and the Contractor or the charter may be terminated. The vessel will be off charter if required to return to port and will remain off charter until the problem has been resolved and the vessel has returned to the sampling area.

4. The Captain and crew shall exercise due caution and follow safety procedures as directed by the Field Party Chief to help prevent damage or loss of Government gear and equipment. Specific safety procedures may be presented in writing to the Captain by the Field Party Chief. Repair or replacement costs may be deducted from charter payments if loss or damage to Government equipment is the result of negligent disregard of such instructions and procedures.

5. Each sampling station will consist of several deployments and retrievals. An average of 10 sampling stations will be completed each day. Coordinates for the stations will be provided by the Field Party Chief to the Captain either the night before, or the morning of sampling during the morning brief. The deployment of a stationary camera array will occur first, with the assistance of the vessels Crew, while the Captain maintains station.

Once the line for the stationary camera array is cleared from the deck, a Conductivity, Temperature and Depth sensor (CTD) will be deployed at the same station, as the camera array soaks on the seafloor for a total of 30 minutes. The CTD will be deployed until it reaches the seafloor, and then retrieved immediately. The CTD will be downloaded by the Scientific Crew at the end of each field day. Once 30 minutes have passed, the Captain will return to the stationary camera array buoy, and the Crew will assist with the retrieval of the line. The array will be brought back on board, and the Scientific Crew will turn-off and charge necessary video equipment. At some stations, traps will also be deployed after the camera array is brought on board. Traps will be baited and prepared for deployment by the Scientific Crew. The boat Crew will assist with the lines. The trap, once deployed with the line cleared from the vessel, will soak on the seafloor for a maximum of 1 hour.

After the soak time is completed, the trap will be retrieved with the assistance of the vessel Crew. The Scientific Crew will be responsible for handling all fish brought on board from the traps.

6. All teleosts, elasmobranchs, and invertebrates taken in the traps remain the property of the Government. The Field Party Chief is responsible for their disposition. Present NOAA policy specifically prohibits retaining any portion of the catch for commercial purposes unless specifically authorized by the contract or retaining specimens from survey catches for personal use and consumption. Reference Contract Clauses entitled - Incidental Catch Disposal, and - Recreational Fishing.

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7. The Contractor shall provide for all operating expenses of this charter. All potential costs to be incurred should be included in unit prices in the schedule.

E. Safety

1) The vessel Captain is responsible for all matters relating to safety of personnel, the vessel, and equipment operation. The Captain shall adhere at all times to Navigational Rules and Rules of the Road whether it be while towing, running, drifting, or at anchor.

He/she shall review safety procedures and equipment with the scientific party at the beginning of each cruise leg. Reference Clause entitled – CHARTER VESSEL SAFETY.

2) The Contractor shall adhere to the safety requirements set forth in 46 CFR Part 28.

3) All personnel working or being transported in a skiff shall WEAR a Coast Guard-approved life jacket or survival suit.

4) A Category I 406 MHZ EPIRB (Emergency Position Indicating Radio Beacon) must be affixed to the exterior of the vessel in a manner approved by the U.S. Coast Guard.

5) Periodic safety drills shall be conducted during the survey. At least one drill shall be held each week.

IV. SPECIAL REQUIREMENTS:

COVID-19 Special Requirements: The contractor must comply with all government requirements for COVID mitigation. This may include UNOLS, NOAA, or other requirements and will be discussed at the post-award meeting. These requirements may include but are not limited to the following:

1. 14 day shelter in place (SIP) for all seagoing personnel (and households if SIP is at home) prior to departure.

2. Confirmed negative COVID test(s) for all seagoing personnel at pre-specified time points prior to departure. Tests for contractor personnel will be at the contractor’s expense.

3. PPE including but not limited to gloves, face coverings (covering nose and mouth) and face shields in some situations.

4. Adequate cleaning supplies for cleaning common use areas frequently for the duration of the trip.

5. Adequate hand sanitizer for use by all seagoing personnel frequently for the duration of the trip.

6. Appropriate and adequate medical supplies to provide basic medical support to personnel with COVID-like symptoms for up to seven (7) days and a supply of quick screen COVID tests (if available).

7. If anyone on the vessel displays COVID-like symptoms the vessel will return to port immediately. The vessel must have the ability to isolate any personnel comfortably who exhibit COVID-like symptoms for the duration of the return to port.

V. Period of Performance

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The base work shall be completed from July 2, 2021 to October 31st, 2021, dependent upon weather conditions.

VI. Travel, and Training:

a. Training: Contractors are required to complete all NOAA mandated training such as Sexual Assualt and Sexual Harassment (SASH) training. (See Clause 1330-52.222-71)

b. Travel: Contractor Travel is not expected or authorized for this purchase order.

VII. Place of Performance

In the area between longitudes 85°20’ and 89°10’ and south to latitude 29° (approximately Cape San Blas, FL to Biloxi, MS) out to 100m depth.

Figure 1:

Figure 1. Proposed area of work on the West Florida Shelf for the NOAA Panama City reef fish video and trap survey.

VIII. Deliverable Schedule

All deliverables shall be submitted to the Project Lead, unless otherwise noted in the SOW or contract.

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Deliverable Schedule

Deliverable Description Quantity/Media Completion Due Date

1 Crew and scientists must submit a negative COVID-19 test within 3 days of departure.

Documentation 3 days prior to departure

2 21 sea days in the area between Cape San Blas, FL and Biloxi, MS Work between the months of July to mid-October, 2021.

Vessel Services at Sea 31 Oct 2021

IX. Government Provided Equipment/Supplies

The following items may be provided and utilized by the Government during performance of the contract:

1. All scientific sampling equipment and supplies, includes but not limited to fishing traps, video camera arrays, and CTD.

2. Camera video array, all necessary video equipment, lines, buoys, and spare parts.

3. Bait for the trap

4. Fish measurement tools that include scales and measuring boards.

5. Fish biological work-up equipment and supplies, including but not limited to: knives, scalpels, vials, envelopes, tweezers, bags, otolith trays, etc.

6. PFDs and foul weather gear for all scientists.

7. Cooler to store fish caught in the trap as biological work-up takes place

8. Fishing baskets to assist with sorting of fish

9. Computers, chargers, and cables and other equipment and supplies used to prepare, download, and back-up electronics and videos each day.

Any/all Government equipment provided for use during the survey shall be for use in the performance of this contract only. Upon completion of the contract, all equipment required/used/provided shall be returned to the Government.

X. Evaluation Factors:

The Government will issue an order resulting from this request for quotation to the responsible offeror whose quotation results in the best value to the Government, considering both price and non-price factors. The following factors will be used to evaluate quotations:

Technical Evaluation Factors:

Factor 1--TECHNICAL APPROACH. The quotation will be evaluated on how the offeror intends to organize, staff and manage the contract and the means that will be used to accomplish the contract requirements. The degree to which the quotation demonstrates an

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understanding of the requirements as well as the minimum vessel requirements stated in the SOW will be evaluated.

Factor 2 - COST/PRICE. The proposed prices/costs will be evaluated. The cost evaluation will determine whether the proposed costs are realistic, complete, and reasonable in relation to the solicitation requirements. Proposed costs must be entirely compatible with the technical approach.

Factor 3-EXPERIENCE. The offeror's background, experience, and qualifications will be assessed to determine the likelihood that that offeror can successfully perform the contract requirements and the degree of the risk of non-performance. Specifically, professional experience running offshore vessels with a licensed captain with a minimum of three years experience and a deckhand capable of assisting deployment and retrieval of camera arrays.

XI. Project Lead: Will be provided at award.

XII. Contractor's invoice.

The Contractor shall prepare and submit invoices to MB.Invoices@noaa.gov with a courtesy copy to jenny.moales@noaa.gov. If the invoice does not comply with these requirements, the designated billing office will return it within 7 days after receipt with the reasons why it is not a proper invoice. Invoices shall not be submitted until all work is complete and the government has made acceptance. Any invoices submitted prior to this will be returned to the vendor as unacceptable.

The Government will take into account untimely notification when computing any interest penalty owed the Contractor. Terms are Net 30. Please do not seek payment information until the 30 days have passed from acceptance. NOAA does make every attempt to make prompt payments.

(i) Name and address of the Contractor.

(ii) Invoice date and invoice number. (The Contractor should date invoices as close as possible to the date of the mailing or transmission.)

(iii) Contract number or other authorization for supplies delivered or services performed (including order number and line item number).

(iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

(v) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading

(vi) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

(vii) Any other information or documentation required by the contract (e.g., evidence of shipment, Bill of Lading (BOL) invoice showing exact charges if freight exceeds $100. The

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government will only pay exact costs for freight when the charge exceeds $100, must be supported by airway or BOL invoice).

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (OCT 2018)

(Reference 52.212-4)

1352.201-70 CONTRACTING OFFICER´s AUTHORITY (APR 2010) (Reference 1352.201-70)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

(a) Definitions. As used in this provision-- Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that--

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into

SAM;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record "Active".

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)

(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) 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 exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.

(End of provision)

52.204-24 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

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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

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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 ITEMS (JUN 2020)

(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 which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(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 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 thatPAGE 16 OF 40 1333MF21QNFFN0039 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 subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items 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 anytime 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 specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--

PAGE 17 OF 40 1333MF21QNFFN0039

GSA Federal Supply Service Specifications Section Suite 8100 470 East L'Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(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. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) Reserved.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (FEB 2021)

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

PAGE 18 OF 40 1333MF21QNFFN0039

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.

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

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L.

110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-

(1)…