SF18 1333MF23QNFFN0057 23-386.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

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

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 3. REQUISITION/PURCHASE REQUEST NUMBER 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

NF-FN7600-23-02666 NF-FN7600-23-026661333MF23QNFFN0057

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 OPERATIONS MGMT & INFO SERVICE

75 VIRGINIA BEACH DRIVE F/SECX2

MIAMI

33149FL

AUG 31, 2023

APR 30, 2024

FN702023

08/16/2023

Attachment Page

PAGE 2 OF 35 1333MF23QNFFN0057

CONTENTS OF A BID PACKAGE

Offerors are to return the following information:

1) Page 1 (complete blocks 12-16) or submit a quote on Vendor letterhead in accordance with FAR 52.212-1, Instructions to Offerors --Commercial Products and Commercial Services

2) Page 3 (enter “Unit Price” and “Amount” for each applicable line item) or submit a quote on Vendor letterhead in accordance with FAR 52.212-1, Instructions to Offerors --Commercial Products and Commercial Services. Vendors who choose to return a quote on their company letterhead must provide a statement that they accept the terms and conditions as outlined in the solicitation and as set forth by the government.

3) Provide an email address and phone number where you can be reached for future correspondence or provide the same information on quote: ________________________________________________

4) Provide your registered SAM.GOV Unique Entity ID number on the line or include on quote:

5) Provide your SAM.GOV CAGE number on the line or include on quote: _____________________________

6) Vendor shall provide your WILL or WILL NOT Statement per 52.204-24 (NOV 2021) UNLESS your Reps and Certs have been updated in SAM per 52.204-26 (OCT 2020)

7) As required return responses and documentation in accordance with clauses and provisions “52.212-3 OFFEROR

REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES

8) The contractor submission shall include any of the following applicable documents with their package:

o USCG Letter of Designation (LOD o USCG Certificate of Inspection (COI) o Copies of all Merchant Mariner Credentials for the Master as well as credentials for an additional operator for voyages longer than 12 hours (personal data such as address can be blanked out) o USCG Uninspected Passenger Vessel Examinations (UPV)

9) Provide all documentation required to fulfill the SOW requirements and the Evaluation Factor requirements as further explained in the “Evaluation Factors” section of the Statement of Work and Combined Synopsis Solicitation.

In order to be considered for award you must submit a complete package in accordance with the requirements listed above and stated in the solicitation package. If you do not submit all of the required items you may be considered non-compliant.

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

FAR clause 52.217-8, Option to Extend Services. Evaluation of options will not obligate the Government to exercise the option(s).

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 8 day charter to in the waters of Grenada

The contractor shall provide all necessary captain, crew, bait, tackle, saltwater washdown hose, and fuel necessary to target, catch, and tag yellowfin tuna and sailfish in accordance with the Statement of Work

POP: Date of award through 4/30/2024

1.00 EA

PAGE 3 OF 35 1333MF23QNFFN0057

Table of Contents

STATEMENT OF WORK

ATTACHEMENT 2 NOAA IPP IMPLEMENTATION NOTICE

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.204-13SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-16COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

52.204-18COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

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

52.212-4CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

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

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

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

(NOV 2021)

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

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

2022)

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

PRODUCTS AND COMMERCIAL SERVICES (JUN 2023)

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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)

1352.233-70 AGENCY PROTESTS (APR 2010)

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

1330-52.232-72NOAA Transition to the Invoice Processing Platform Electronic Invoicing System (Feb 2023) 32

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 2022)

PAGE 4 OF 35 1333MF23QNFFN0057

CLAUSES

STATEMENT OF WORK

PAGE 5 OF 35 1333MF23QNFFN0057

Statement of Work National Oceanic and Atmospheric Administration (NOAA)

NOAA Fisheries Research Vessel Charter Services for Habitat use of yellowfin tuna derived from PSAT tags.

Background

Yellowfin tuna and sailfish are found throughout the Atlantic Ocean and surrounding waterbodies and are managed by the International Commission for the Conservation of Atlantic Tunas (ICCAT).

Yellowfin tuna are managed as a single Atlantic wide stock, and sailfish is managed as two separate stocks (east and west). In the most recent sailfish assessment, it was established that there was a need for more electronic tagging data in the Caribbean region to examine species distributions and mixing rates. Electronic tagging data provides information on distribution, movements, residence times, site-fidelities, and habitat preferences. This data is useful for interpreting fishery trends and improving CPUE standardization and has been highlighted by ICCAT as an area of need. NOAA scientists and collaborators have deployed over 300 electronic tags in the Gulf of Mexico and North West Atlantic, but have very limited data in the southern Caribbean region. It is essential to distribute tag deployments throughout the full extent of the species range to improve our understanding of migratory routes and varied habitat use.

Grenada is well situated in the southern Caribbean and is an ideal location to shed light on migratory patterns and examine migratory patterns of tuna and billfish, as well as examine potential mixing or separation of stocks. Currently little is known about the habitat use and movement of fish from this location as even conventional tagging has been sparse in this area.

Scope:

In order to deploy satellite tags we require a contractor to provide a vessel with adequate deck space to allow tagging, and equipped with a captain, crew, and gear to target, catch, and successfully release large yellowfin tuna and sailfish in the waters offshore Grenada.

Period of Performance

Purchase order period of performance will be from Date of Award through April 30, 2024. Tagging will occur during 2024 and consist of 8 full days of fishing. The proposed fishing time would be during peak sailfish and tuna season, with a window of time From January 1 st to March 31 st .

Place of Performance

Vessel loading will occur in a port on the island of Grenada, with a maximum operating distance of 50nm from the Vessel dock. Tagging will occur in the waters off Grenada

Operational Hours

Exact hours will vary daily, but will consist of at least 8 hours of fishing, and could consist of an overnight trip if conditions are favorable.

PAGE 6 OF 35 1333MF23QNFFN0057

Tasks

Key tasks include the following:

● The contractor shall provide all necessary captain, crew, bait, tackle, saltwater washdown hose, and fuel necessary to target and catch and tag large yellowfin tuna and sailfish.

o The vessel must be equipped with top of the line electronics and fishing gear necessary to catch large tuna and sailfish.

o The contractor must possess the skillset and heavy fishing equipment necessary to capture large tuna and billfish in a timely manner.

o The vessel must provide enough deck space to bring 100 lb+ tunas onboard for tagging purposes.

o Vessel must exceed 50ft in length.

o The vessel must be equipped with a saltwater washdown hose and adequate deck space to tag large tuna.

o The vessel must also possess a "tuna door" at the rear of the vessel to allow for the onboard tagging of fish.

o The vessel must be able to accommodate 2 NOAA personnel.

● The contractor, to the best of their ability, shall use all means necessary to locate and catch sailfish and yellowfin tuna, including traveling up to 50 nm from the vessel dock.

● The contractor shall maintain the vessel in good working condition and be USCG compliant, as well as maintaining equipment listed in the Code of Federal Regulations (46

CFR§25)

● The contractor shall allow all fish captured to be conventionally or electronically tagged and released at the scientists’ discretion.

● The contractor shall assist with the capture and release of all billfish and yellowfin tuna at the scientists’ discretion.

● The contractor shall provide 8 days of fishing charter with a minimum of 8 hours of fishing per day for a minimum of 64 hours of fishing over the 8 day period.

● The contractor shall have all necessary licenses and permits to captain the proposed vessel, and operate and fish in the waters surrounding Grenada. Vessel must be US Coast Guard inspected.

PAGE 7 OF 35 1333MF23QNFFN0057

Required Knowledge and Experience:

o The captain shall also have extensive knowledge in both general fishing practices to target and catch billfish and yellowfin tuna, as well as specific knowledge of fishing in the surrounding waters of Grenada.

o The contractor must have extensive experience in targeting sailfish and yellowfin tuna in the waters surrounding Grenada.

o The contractor must have first hand knowledge and experience working with scientists to deploy psat tags.

Deliverables

The contractor will provide services as outlined above.

Government-Furnished Resources

The Government will provide all necessary information, data and documents to the Contractor for work required under this contract

The government will provide all electronic tags to be deployed on yellowfin tuna, and will retain any unused tags. The government will also provide trained scientists to physically deploy the tags.

The Contractor shall use Government furnished property, equipment and supplies only for the performance of work under this contract, and shall be responsible for returning all Government property, and equipment in good working condition, subject to normal wear and tear.

The Government will not furnish any resources to the Contractor in support of this contract.

The Government will provide to the Contractor the following equipment, supplies, and similar, necessary to conduct these services and anticipates facility and security access as follows:

Services Contractor will work primarily: ☐ On-Site ☒ Off-Site

Services Contractor requires access to NOAA facilities:

☐ Required ☒ Not Required

Services Contractor requires a PIV or CAC: ☐ Required ☒ Not Required

Services Contractor requires a NOAA email address: ☐ Required ☒ Not Required

Services Contractor requires use of DOC-Owned IT equipment (laptop or desktop computer)

☐ Required ☒ Not Required

PAGE 8 OF 35 1333MF23QNFFN0057

Services Contractor requires non-Government IT equipment to connect to a DOC network:

☐ Required ☒ Not Required

Services Contractor requires access to non-public DOC/NOAA data:

☐ Required ☒ Not Required

Services Contractor will be provided on-site office space with incidental Government Property (desk, chair, phone, and other similar equipment that remains onsite, per FAR 45.000 (5)

☐ Provided ☒ Not Provided

For Services Contractors doing laboratory work, the government will provide typical lab supplies and equipment for use:

☐ Provided ☒ Not Provided

Description of other access or equipment requirements not already addressed above:

Travel, and Training: None required

Security Requirements: None required

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 understanding of the requirements will be evaluated, as well as the offeror's planned management of consultants and subcontractors, if applicable. T he contractor submission shall include any of the following applicable documents with their package:

o USCG Letter of Designation (LOD o USCG Certificate of Inspection (COI) o Copies of all Merchant Mariner Credentials for the Master as well as credentials for an additional operator for voyages longer than 12 hours (personal data such as address can be blanked out) o USCG Uninspected Passenger Vessel Examinations (UPV)

Factor 2--EXPERIENCE. The offeror's background, experience, and qualifications will be assessed to determine the likelihood that that offeror can successfully perform the contract

PAGE 9 OF 35 1333MF23QNFFN0057

requirements and the degree of the risk of non-performance. The selected vendor shall have demonstrated experience as outlined in the SOW.

Factor 3 - 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.

Project Lead:

The project lead will be provided at time of Award.

Contractor's invoice:

Prior to October 1, 2023, the Contractor shall prepare and submit proper invoices to MB.Invoices@noaa.gov . However, beginning October 1, 2023 the Contractor must submit payment requests electronically through the U.S. Department of the Treasury's Invoice Processing Platform (the IPP) System in accordance with Clause 1330-52.232-72 NOAA Transition to the Invoice Processing Platform Electronic Invoicing System (Feb 2023) and Attachment 2. 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, email, 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 government will only pay exact costs for freight when the charge exceeds $100, must be supported by airway or BOL invoice).

PAGE 10 OF 35 1333MF23QNFFN0057

(viii) Upon completion of the services under this purchase order, the Vendor shall submit their final invoice. The final invoice must include the words “FINAL INVOICE.” Upon receipt of the final invoice and Government acceptance of the invoice and deliverables, the Government will process the final invoice for payment and commence closeout procedures.

ATTACHEMENT 2 NOAA IPP IMPLEMENTATION NOTICE

PAGE 11 OF 35 1333MF23QNFFN0057

AA 23-03 Attachment 2 NOAA IPP Implementation Notice

To NOAA Contractors

Subject: NOAA Transition to the Invoice Processing Platform Electronic Invoicing System

Effective October 1, 2023, the National Oceanic and Atmospheric Administration (NOAA) willtransition contractor payment requests to an electronic invoicing system. The Invoice Processing Platform (IPP) is a secure, web-based electronic invoicing system provided by the U.S. Department of the Treasury’s Bureau of the Fiscal Service in partnership with the Federal Reserve Bank of St. Louis (FRSTL). The IPP is available at no cost to commercial vendors and independent contractors doing business with NOAA. The IPP website address is https://www.ipp.gov.

Action to take:

If you are already enrolled in the IPP:

If your company is already registered to use the IPP, you will not be required to re-register. Upon implementation of NOAA’s Business Applications Solution, invoices for the identified contract(s) must be submitted electronically through the IPP system.

If you are NOT already enrolled in the IPP:

If your company is not registered to use the IPP, when NOAA initiates the enrollment process, your point of contact in SAM.gov will receive registration instructions via email from ipp.noreply@mail.eroc.twai.gov. Please add ipp.noreply@mail.eroc.twai.gov to your address book so you do not disregard these instructions or mistake them for spam.

You will receive two emails from the IPP Customer Support:

● The first email will contain an initial administrative IPP User ID.

● The second email will contain a temporary password. Vendors must log in with the temporary password within 30 days.

Contractors can create additional user accounts, including administrators, after initial login. Registration is complete when the initial administrative user logs into the IPP website using the initial administrative IPP User ID and temporary password and accepts the rules of behavior.

Vendor Training

Vendor training materials, including a first-time login tutorial, are available on the IPP.gov website. After logging in to the IPP application, users can access guides with step-by-step instructions for all IPP capabilities, including creating and submitting invoices and setting up email notifications. Monthly live webinars provide a great opportunity to learn system basics and ask the IPP team questions about the application.

Additional Support

For assistance with the application, IPP users can call the IPP Customer Support team at

(866) 973-3131, Monday through Friday from 8:00 a.m. to 6:00 p.m. Eastern Time, or send an email to IPPCustomerSupport@fiscal.treasury.gov. Vendors can also find answers to frequently asked questions on the Vendor FAQ page of the IPP.gov website.

AA 23-03 Attachment 2 Page 1 of 1

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

(Reference 52.204-7)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

(Reference 52.204-13)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

(Reference 52.204-16)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

(Reference 52.204-18)

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

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022) (Reference 52.212-4)

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

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

(Reference 1352.209-73)

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

(Reference 1352.209-74)

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

PAGE 12 OF 35 1333MF23QNFFN0057

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)

PAGE 13 OF 35 1333MF23QNFFN0057

(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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

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

It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service

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

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

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

"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

"Sensitive technology"

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

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

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

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

"Service-disabled veteran-owned small business concern"

(1) Means a small business concern

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

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

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

"Small business concern"--

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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

"Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)", means a small business concern that is at least 51 percent directly and

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unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(6) WOSB joint venture eligible under the WOSB Program. The offeror represents that it [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture:__.]

(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [square] is, [square] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture:__.]

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

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(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1));

and

(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture:__.] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

(i) It [_] has, [_] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It [_] has, [_] has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that --

(i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor(41 CFR parts 60-1 and 60-2), or

(ii) It [_] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American-Supplies, is included in this solicitation.)

(1) (i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that each domestic end product listed in paragraph (f)

(3) of this provision contains a critical component.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select "no".

(iii) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

(iv) The terms "commercially available off-the-shelf (COTS) item," "critical…