Sol_140P2125Q0074.pdf

140P2125Q0074

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

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

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

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

05/03/2025 0044007061

1 36

P.O.Box 25287 MS WCP Denver CO 80225

NPS, WASO - WCP Contracting 05/22/2026

NPS, C&O Canal NHP

142 West Potomac Street

Williamsport

MD 21795

202 354-3978HEATHER MADSEN

05/24/2025 1200 ED

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

The resulting order shall be Firm-Fixed Price, Base plus four option periods contract for CHOH FY25-30 toilet pumping services. This will be one requirement with three sections for Eastern, Central, and Western portions of the park.

00010 Toilet Services Base Year - Annual Cost Product/Service Code: S205 Product/Service Description: HOUSEKEEPING-

TRASH/GARBAGE COLLECTION

Delivery: 05/22/2026 Period of Performance: 06/22/2025 to 05/22/2026

Continued ...

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

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 36

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140P2125Q0074

00020 Toilet Services Option Period 1 - Annual Cost

(Option Line Item)

Anticipated Exercise Date 03/02/2026

Product/Service Code: S205

Product/Service Description: HOUSEKEEPING-

TRASH/GARBAGE COLLECTION

Period of Performance: 05/23/2026 to 05/22/2027

00030 Toilet Services Option Period 2 - Annual Cost

(Option Line Item)

Anticipated Exercise Date 05/16/2027

Product/Service Code: S205

Product/Service Description: HOUSEKEEPING-

TRASH/GARBAGE COLLECTION

Period of Performance: 05/23/2027 to 05/22/2028

00040 Toilet Services Option Period 3 - Annual Cost

(Option Line Item)

Anticipated Exercise Date 05/16/2028

Product/Service Code: S205

Product/Service Description: HOUSEKEEPING-

TRASH/GARBAGE COLLECTION

Period of Performance: 05/23/2028 to 05/22/2029

00050 Toilet Services Option Period 4 - Annual Cost

(Option Line Item)

Anticipated Exercise Date 05/16/2029

Product/Service Code: S205

Product/Service Description: HOUSEKEEPING-

TRASH/GARBAGE COLLECTION

Period of Performance: 05/23/2029 to 05/22/2030

The contractor shall provide all personnel, equipment, supplies, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the tasks defined in the Performance Work Statement.

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

C&O Canal Bio Waste Removal and Sanitation Services 140P2125Q0074

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6 of the Federal Acquisition Regulation (FAR), as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Contract type shall be Firm-Fixed Price.

(ii) This solicitation is issued as a Request for Quotation (RFQ).

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-03.

(iv) This procurement is set aside for Small Businesses. The NAICS code is 562991 and the Small Business Size Standard is $9.0 million.

(v) Schedule of Items/Price Schedule

Project Description:

Vendor Name: Vendor UEI:

Base Period

CLIN DESCRIPTION AMOUNT

PER

MONTH

00010 CENTRAL

Clean, Service, & Pump 20 Portable Toilets 2x Weekly (M&F)

Clean, Service, & Pump 15 Portable Toilets 1x Weekly (M) Clean, Service 23 CXT Concrete Vault Toilets (M&F)

Pump 19 Concrete Vault Toilets (On Call Basis, 3 Pumps Each Off-Season: Clean & Service 17 Portable and Vault Toilets 1x Bi-

Weekly

EASTERN

Clean, Service, & Pump 3 Portable Toilets 2x Weekly (M&F)

Clean, Service, & Pump 3 Portable HBO Toilets 1x Weekly (M) Rent, Clean, Service, & Pump 19 Portable Toilets 2x Weekly (M&F)

Clean, Service 1 CXT Concrete Vault Toilet (M&F) Pump 1 Concrete Vault Toilet (On-Call Basis, 3 Pumps Each)

Off Season: Clean, Service, & Pump 1 Portable Toilet Every Other Week

WESTERN

Clean, Service, & Pump 9 Portable Toilets 2x Weekly (M&F) Clean, Service, and Pump 16 Portable Toilets 1x Weekly (M)

Clean, Service, and Pump 4 CXT Concrete Vault Toilets (M&F) Pump 4 Concrete Vault Toilets (On Call Basis, 3 Pumps Each)

Off-Season: Pump and Service 8 Portable/Vault Locations 1x Bi- Weekly

$0.00

Option Period One

CLIN DESCRIPTION AMOUNT

PER

MONTH

00020 CENTRAL

Clean, Service, & Pump 20 Portable Toilets 2x Weekly (M&F) Clean, Service, & Pump 15 Portable Toilets 1x Weekly (M)

Clean, Service 23 CXT Concrete Vault Toilets (M&F) Pump 19 Concrete Vault Toilets (On Call Basis, 3 Pumps Each

Off-Season: Clean & Service 17 Portable and Vault Toilets 1x Bi- Weekly

EASTERN

Clean, Service, & Pump 3 Portable Toilets 2x Weekly (M&F)

Clean, Service, & Pump 3 Portable HBO Toilets 1x Weekly (M) Rent, Clean, Service, & Pump 19 Portable Toilets 2x Weekly (M&F)

Clean, Service 1 CXT Concrete Vault Toilet (M&F) Pump 1 Concrete Vault Toilet (On-Call Basis, 3 Pumps Each)

Off Season: Clean, Service, & Pump 1 Portable Toilet Every Other Week

WESTERN

Clean, Service, & Pump 9 Portable Toilets 2x Weekly (M&F) Clean, Service, and Pump 16 Portable Toilets 1x Weekly (M)

Clean, Service, and Pump 4 CXT Concrete Vault Toilets (M&F) Pump 4 Concrete Vault Toilets (On Call Basis, 3 Pumps Each)

Off-Season: Pump and Service 8 Portable/Vault Locations 1x Bi- Weekly

$0.00

Option Period Two

CLIN DESCRIPTION AMOUNT

PER

MONTH

00030 CENTRAL

Clean, Service, & Pump 20 Portable Toilets 2x Weekly (M&F)

Clean, Service, & Pump 15 Portable Toilets 1x Weekly (M) Clean, Service 23 CXT Concrete Vault Toilets (M&F)

Pump 19 Concrete Vault Toilets (On Call Basis, 3 Pumps Each Off-Season: Clean & Service 17 Portable and Vault Toilets 1x Bi-

Weekly

EASTERN

Clean, Service, & Pump 3 Portable Toilets 2x Weekly (M&F)

Clean, Service, & Pump 3 Portable HBO Toilets 1x Weekly (M) Rent, Clean, Service, & Pump 19 Portable Toilets 2x Weekly (M&F)

Clean, Service 1 CXT Concrete Vault Toilet (M&F) Pump 1 Concrete Vault Toilet (On-Call Basis, 3 Pumps Each)

Off Season: Clean, Service, & Pump 1 Portable Toilet Every Other Week

WESTERN

Clean, Service, & Pump 9 Portable Toilets 2x Weekly (M&F) Clean, Service, and Pump 16 Portable Toilets 1x Weekly (M)

Clean, Service, and Pump 4 CXT Concrete Vault Toilets (M&F) Pump 4 Concrete Vault Toilets (On Call Basis, 3 Pumps Each)

Off-Season: Pump and Service 8 Portable/Vault Locations 1x Bi- Weekly

Option Period Three

CLIN DESCRIPTION AMOUNT

PER

MONTH

00040 CENTRAL

Clean, Service, & Pump 20 Portable Toilets 2x Weekly (M&F)

Clean, Service, & Pump 15 Portable Toilets 1x Weekly (M) Clean, Service 23 CXT Concrete Vault Toilets (M&F)

Pump 19 Concrete Vault Toilets (On Call Basis, 3 Pumps Each Off-Season: Clean & Service 17 Portable and Vault Toilets 1x Bi-

Weekly

EASTERN

Clean, Service, & Pump 3 Portable Toilets 2x Weekly (M&F)

Clean, Service, & Pump 3 Portable HBO Toilets 1x Weekly (M) Rent, Clean, Service, & Pump 19 Portable Toilets 2x Weekly (M&F)

Clean, Service 1 CXT Concrete Vault Toilet (M&F) Pump 1 Concrete Vault Toilet (On-Call Basis, 3 Pumps Each)

Off Season: Clean, Service, & Pump 1 Portable Toilet Every Other Week

WESTERN

Clean, Service, & Pump 9 Portable Toilets 2x Weekly (M&F) Clean, Service, and Pump 16 Portable Toilets 1x Weekly (M)

Clean, Service, and Pump 4 CXT Concrete Vault Toilets (M&F) Pump 4 Concrete Vault Toilets (On Call Basis, 3 Pumps Each)

Off-Season: Pump and Service 8 Portable/Vault Locations 1x Bi- Weekly

$0.00

Option Period Four

CLIN DESCRIPTION AMOUNT

PER

MONTH

00050 CENTRAL

Clean, Service, & Pump 20 Portable Toilets 2x Weekly (M&F) Clean, Service, & Pump 15 Portable Toilets 1x Weekly (M)

Clean, Service 23 CXT Concrete Vault Toilets (M&F) Pump 19 Concrete Vault Toilets (On Call Basis, 3 Pumps Each

Off-Season: Clean & Service 17 Portable and Vault Toilets 1x Bi- Weekly

EASTERN

Clean, Service, & Pump 3 Portable Toilets 2x Weekly (M&F)

Clean, Service, & Pump 3 Portable HBO Toilets 1x Weekly (M) Rent, Clean, Service, & Pump 19 Portable Toilets 2x Weekly (M&F)

Clean, Service 1 CXT Concrete Vault Toilet (M&F) Pump 1 Concrete Vault Toilet (On-Call Basis, 3 Pumps Each)

Off Season: Clean, Service, & Pump 1 Portable Toilet Every Other Week

WESTERN

Clean, Service, & Pump 9 Portable Toilets 2x Weekly (M&F) Clean, Service, and Pump 16 Portable Toilets 1x Weekly (M)

Clean, Service, and Pump 4 CXT Concrete Vault Toilets (M&F) Pump 4 Concrete Vault Toilets (On Call Basis, 3 Pumps Each)

Note: Award will be made for the Base Period. The Government will evaluate offers for award purposes in accordance with FAR 52.217-5, Evaluation of Options. If the Government exercises its option to extend the term of the contract, award will be made on the option years in accordance with FAR 52.217- 9, Option to Extend the Term of the Contract.

(vi) Description of Requirement (including a list of any attachments)

The project is described as toilet pumping. The contractor will pump, cleanup and dispose of all waste

Off-Season: Pump and Service 8 Portable/Vault Locations 1x Bi- Weekly

52.217-8 OPTION TO EXTEND SERVICES

CLIN DESCRIPTION AMOUNT

PER

MONTH

00060 CENTRAL

Clean, Service, & Pump 20 Portable Toilets 2x Weekly (M&F)

Clean, Service, & Pump 15 Portable Toilets 1x Weekly (M) Clean, Service 23 CXT Concrete Vault Toilets (M&F)

Pump 19 Concrete Vault Toilets (On Call Basis, 3 Pumps Each Off-Season: Clean & Service 17 Portable and Vault Toilets 1x Bi-

Weekly

EASTERN

Clean, Service, & Pump 3 Portable Toilets 2x Weekly (M&F)

Clean, Service, & Pump 3 Portable HBO Toilets 1x Weekly (M) Rent, Clean, Service, & Pump 19 Portable Toilets 2x Weekly (M&F)

Clean, Service 1 CXT Concrete Vault Toilet (M&F) Pump 1 Concrete Vault Toilet (On-Call Basis, 3 Pumps Each)

Off Season: Clean, Service, & Pump 1 Portable Toilet Every Other Week

WESTERN

Clean, Service, & Pump 9 Portable Toilets 2x Weekly (M&F) Clean, Service, and Pump 16 Portable Toilets 1x Weekly (M)

Clean, Service, and Pump 4 CXT Concrete Vault Toilets (M&F) Pump 4 Concrete Vault Toilets (On Call Basis, 3 Pumps Each)

Off-Season: Pump and Service 8 Portable/Vault Locations 1x Bi- Weekly

$0.00

CLIN

00010

Base Period Total Yearly Cost $

CLIN

00020

Option Period One Total Yearly Cost $

CLIN

00030

Option Period Two Total Yearly Cost $

CLIN

00040

Option Period Three Total Yearly Cost $

CLIN

00050

Option Period Four Total Yearly Cost $

CLIN

00060

Far 52.217-8 6-Month Cost $

Grand Total

Base Period and all Option Periods Value to Include 52.217-8 $ products removed from the toilets in accordance with the contract specifications and in accordance with State and Federal regulations.

Attachments uploaded in SAM.gov:

Performance Work Statement Central Simple Map Indicators Palisades Rental Locations and Area Map Eastern Simple Map Indicators Western Simple Map Indicators Wage Determinations Past Performance Questionnaire Deviation FEB 2025

Attachments you must contact Heather Madsen to obtain an emailed copy:

Central Google Earth Eastern Google Earth Western Google Earth

(vii) Date(s) and Place(s) of Delivery and Acceptance/Location

The project areas are located within the NPS C&O Canal.

C&O Canal National Historical Park 1850 Dual Highway, Suite 100 Hagerstown, MD 21740 United States

(viii) FAR 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (SEP 2023) (Provision)

Addenda to provision FAR 52.212-1:

The word quote or quoter is substituted in provision FAR 52.212-1 for the word offer or offeror.

Addenda to Provision FAR 52.212-1 paragraph (b) Submission of Offers:

1) Offerors must have an active entity registration in the System for Award Management in order to submit an offer. https://www.sam.gov/SAM/

2) Offers submitted in response to this solicitation shall include a technical proposal, a price proposal, past performance, signed SF18, contractor representations and certifications and completed provisions, FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) (Provision), as well as, FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation (OCT 2020).

a) Technical Proposal – Technical Capability – Provide a list of equipment and key personnel (with qualifications such as Certified operators if required by state/local health departments, Trained personnel knowledgeable in hygiene, safe waste handling, and use of personal protective equipment (PPE), that will be used to complete this project.

The technical proposal shall address the evaluation factors listed below. The proposals shall be evaluated, starting with the lowest priced offer, against the following evaluation factors. If said offeror is found to be technically acceptable no further evaluations of offers shall be performed.

Factor 1 – Waste Management – Evaluate how contractors intend to manage and dispose of waste.

Sub-factor 1.a Technical Approach & Management Plan – Require contractors to address https://www.sam.gov/SAM/ sustainable practices, develop environmental project goals and objectives, and develop a project plan that will maximize sustainability objectives.

Factor 2 – Past Performance. Evaluate how well the contractor performed previous projects where they have successfully implemented any green toilet pumping services, including the use of green products.

Factor 3 – Previous Experience – Require contractors to demonstrate their experience and capability to provide green janitorial services similar in size, scope, and complexity to the required work.

Factor 4 – Staffing Plan ***Consideration to staffing plans that propose persons with green certifications or to contractors that require employees to take environmental training.

At a minimum technical proposal shall include:

i) Past Performance – utilizing the attached questionnaire please include in your proposal submission three questionnaires, one for each similar project completed by your firm over the past three years. Include a brief description of the project, dollar amount, year completed, and project owner contact information (name, phone, and email). The government may use past performance information from any available source. If a company does not have past performance information available, information may be provided for predecessor companies, key personnel, or subcontractors. In the event that there is no past performance information available, the offeror will receive a neutral rating in this factor.

b) Price Proposal – Include the following: 1) the completed Bid Schedule provided as an attachment of this solicitation, and 2) acknowledgement of any amendments to this solicitation by following the instructions that accompany the amendment(s).

c) Representations and Certifications – Fill in the check boxes for provisions FAR 52.204-26, FAR 52.204-24(if applicable) and FAR 52.212-3, found in paragraph(x) of this solicitation and include a copy with your offer.

3) Submit offer by email No Later Then, 05/24/2025 at 1200 EST to heather_madsen@nps.gov so that it is delivered into this inbox by the due date and time. Emails should contain seven (7) separate attachments (Technical Proposal, Price Proposal, Past Performance, Signed SF18, Representations and Certifications, and completed provisions, FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) (Provision), as well as, FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation (OCT 2020) (Provision) in Microsoft Word, Excel, or Adobe PDF format. Be aware that large attachments may increase the time required to deliver an email. It is the offerors responsibility to confirm receipt of the offer from Heather Madsen, heather_madsen@nps.gov.

4) Address questions about this solicitation to Heather Madsen, heather_madsen@nps.gov No Later

Then 05/13/2025 at 1200 EST

Addenda to Provision FAR 52.212-1 paragraph (f) Late submissions:

Replace (f)(2)(i) with the following:

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 and the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition. Delete FAR 52.212-1 (f)(2)(i) paragraphs A, B, & C.

(End of provision) mailto:heather_madsen@nps.gov mailto:heather_madsen@nps.gov

(ix) FAR 52.212-2 Evaluation – Commercial Products and Commercial Services (NOV 2021) (Provision)

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

(i) Price

(ii) Past Performance

(iii) Technical Capability

In descending order of importance Past Performance, and Technical Capability, are less important than Price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

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

(End of provision)

(x) Representations and Certifications (complete highlighted items in this section and return with your offer)

VENDOR NAME:

VENDOR UEI:

FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation (OCT 2020) (Provision)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause FAR 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) (1) Representation. 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.

(End of provision)

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) (Provision)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.sam.gov/ 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 FAR 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at FAR 52.212-3, Offeror Representations and Certifications- Commercial Products or 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 FAR 52.204-26, or in paragraph (v)(2)(ii) of the provision at FAR 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 FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It ☐ will, ☐ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.sam.gov/

(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)

FAR 52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (MAY 2024) (DEVIATION FEB 2025)

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;

https://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended."Sensitive technology"—

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 (SDVOSB) concern means a small business concern—

(1)

(i) Not less than 51 percent of which is owned and controlled 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 https://www.acquisition.gov/far/part-52#FAR_52_204_25 such veteran; or

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, 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), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs’ Veterans Benefits Administration, as a service-disabled veteran.

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that—

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

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 124.1001, means a small business concern under the size standard applicable to the acquisition, that—

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

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

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

Veteran-owned small business concern means a small business concern— https://www.acquisition.gov/far/part-19#FAR_Subpart_19_14 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim https://www.ecfr.gov/current/title-13/part-121

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

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

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

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

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and

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

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

(b)

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

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

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

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

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

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

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

(i) It □ is, □ is not a small business concern; or

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

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

https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300 https://www.ecfr.gov/current/title-13/section-127.300 http://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-4#FAR_4_1201 https://www.acquisition.gov/far/part-19#FAR_Part_19 https://www.acquisition.gov/far/part-19#FAR_19_000 https://www.ecfr.gov/current/title-13/section-121.103#p-121.103(h) https://www.ecfr.gov/current/title-13/section-125.8#p-125.8(a) https://www.ecfr.gov/current/title-13/section-125.8#p-125.8(a) https://www.ecfr.gov/current/title-13/section-125.8#p-125.8(b)

(3) SDVOSB 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 that it □ is, □ is not an SDVOSB concern.

(4) SDVOSB concern joint venture eligible under the SDVOSB Program. The offeror represents that it □ is, □ is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402.

[Complete only if the offeror represented itself as an SDVOSB concern in paragraph (c)(3) of this provision.] [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.]

(5) 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 124.1001.

(6) 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.

(7) 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: ____________.]

(8) Economically disadvantaged women-owned small business (EDWOSB) joint venture. 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: ____________.]

(9) 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.

Note to paragraphs (c)(9) and (10): Complete paragraphs (c)(9) and (10) only if this solicitation is expected to exceed the simplified acquisition threshold.

(10) 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:____________

(11) 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 Order11246-

(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 https://www.ecfr.gov/current/title-13/section-124.1001 https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(a) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(c) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(a) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(c) https://www.ecfr.gov/current/title-13/section-126.200 https://www.ecfr.gov/current/title-13/section-126.616#p-126.616(a) https://www.ecfr.gov/current/title-13/section-126.616#p-126.616(c) 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 http://uscode.house.gov/ 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 and that each domestic end product listed in paragraph (f)(3) of this provision contains a critical component, except those listed in paragraph (f)(2) of this provision, is a domestic end product.

(ii) The Offeror shall list as foreign end products those end products manufactured in the…