W911YN24R0009_IH Survey-Combined CSMS_FMS.pdf

Industrial Hygiene Survey

Combined Synopsis/Solicitation

1.0 This is a Request for Proposal for commercial products/services prepared in accordance with the format in Subpart 13.106-1, as supplemented with additional information included in this notice. This announcement constitutes the only RFQ; quotations are being requested and a written solicitation will not be issued.

1.1. A Request for Quotation (RFP) under number: W911YN24R0009

1.2. This RFQ document and incorporated provisions and clauses are those in effect through

Federal Acquisition Circular (FAC) 2024-05 (22 May 2024).

1.3. Woman Owned Set-Aside: 100%; Applicable Size Standard is $5M.

1.4. NAICS Code: 541620 – Environmental Consulting Services

1.5. Product or Service Code (PSC): R428 – Support- Professional: Industrial Hygienics

1.6. Posting Date: 11 July 2024

1.7. Response Date: 30 July 2024 @ 11:00 a.m. EST

1.8. Contracting Office: USPFO, 189 Marine Street, St. Augustine, FL 32085-1008

1.9. Government Points of Contact: Contract Specialist Robert Glanowski

• robert.j.glanowski.civ@army.mil , 904-823-0555

1.10. Line-item number(s) and items, quantities, and units of measure, Date(s) and place(s) of delivery and acceptance and FOB point: See schedule below.

1.11. Provision 52.212-1, Instructions to Offerors-Commercial Products and Commercial

Services, and addendum applies to this acquisition.

1.12. Offerors shall include a completed copy of 52.212-3 Alt I, Offeror Representations and Certifications-

Commercial Products and Commercial Services with its quote.

1.13. FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services applies to this acquisition.

1.14. FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive

Orders- Commercial Products and Commercial Services, applies to this acquisition. See clause below in full text, for list of additional applicable clauses.

1.15. Additional contract provisions and clauses are applicable and included below.

2.0 QUOTE SUBMISSION INSTRUCTIONS ***Addendum to FAR 52.212-1***

2.1 Submission Due Date. The offeror must ensure its quote, in its entirety, reaches the required destination before the date and time set for closing of the solicitation identified in Sec 1.7

2.2 Late Proposals. The lateness rules for submitted quotes are outlined in FAR 52.212-1

"Instructions to Offerors-Commercial Products and Commercial Services," and are incorporated into this solicitation.

2.3 Submission. The quote submitted in response to this solicitation shall be formatted as stated below and furnished electronically to the Contract Specialist (CS), identified in RFP.

2.4 Quote Compliance. The Government must have received from the offeror a fully compliant mailto:robert.j.glanowski.civ@army.mil quote. The quote is compliant when it conforms to all of the requirements, terms, and conditions of the solicitation, including the SOW/PWS if applicable.

2.5 Quote Acceptance. The contractor shall make a clear statement in the quote as to the expiration date of the quote and the stated expiration date shall be valid for all proposed subcontractors as well.

2.5.1 FAR 52.212-1(c) is hereby tailored for this solicitation: The contractor shall specify a quote acceptance period in the Quote Summary of not less than 60 days from the date of the solicitation closing. This date may be extended by mutual agreement.

2.6 Quote Retention. In accordance with FAR Subpart 4.8, Government Contract Files, the

Government will retain one copy of all unsuccessful quotes.

3.0 QUOTE FORMAT

3.1 The offeror’s quote shall include all data and information required by this RFP and submitted via email to the POC listed in response.

3.2 Quotes may not include classified information. All quotes shall be at the UNCLASSIFIED level.

4.0 PRICE shall be clear and concise and include sufficient detail for effective evaluation:

4.1 Price Quote – shall be structured in accordance with the Contract Line-Item Number (CLIN) structure set forth in the RFP.

4.2 The Offeror shall provide both Unit Price and Total amounts.

5.0 Basis for Award:

5.1 Evaluation of offer will be performed using one or more of the techniques in FAR 13.106-2.

5.2. Past Performance in accordance with 252.204-7024, Notice to Prospective Suppliers on Use of Supplier

Performance Risk System (SPSR).

ADDENDUM TO PROVISION 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERICAL ITEMS (SEP 2023)

A. Submission of quotes. The offeror shall submit signed and dated quotes to the contract specialist, Robert

Glanowski, via email at robert.j.glanowski.civ@army.mil, not later than date in 1.7. Only electronic submissions will be accepted. At a minimum, quotes must show --

(1) The solicitation number.

(2) The name, address, email, and telephone number of the offeror.

(3) “Remit to” address, if different than mailing address.

(4) A completed copy of the representations and certifications at FAR 52.212-3 Alt 1 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically).

(5) Acknowledgment of Solicitation Amendments.

(6) Quote must include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Quotes that fail to furnish required representations or information or reject the terms and conditions of the solicitation may be excluded from consideration.

(7) Technical, Past Performance and Price Volumes.

(1) Quote Preparation Instructions. Offeror’s quote shall consist of the following three Volumes as contained within the RFP as attachment.

i. Volume I: Technical

ii. Volume II: Certifications

iii. Volume III: Price

(a) Page and Format Limitations. New times roman, font 12 with 2 page limit.

(b) Volume I – Technical. The quote shall define the policies and procedures for the overall management and execution of the requirements of the contract to ensure quality, efficiency, and timeliness. The quote should be practical and be prepared simply and economically, providing straightforward, concise delineation of what the offeror will do to satisfy the PWS of the contract. The technical volume shall also provide the following information:

Statement of Understanding. The offeror shall submit a brief statement that demonstrates that he/she understands the scope of work and objectives the Government has established within the PWS. This cannot be a repeat or mere summary of services provided in the PWS, but rather the offeror’s statement of understanding of the required work.

(c) Volume II – Certifications. The offeror shall submit Certifications, Personnel Qualifications, and

Resumes/Biographies identified in the PWS.

(d) Volume III – Price. Use the Line structure to fill out pricing information and include it with the quote.

Pricing information will be used to evaluate the completeness, realism, and reasonableness of the cost numbers. The pricing must include all costs (including travel expenses) required to manage and perform all outlined tasks identified in the PWS as a per facility cost.

(e) Evaluation of Volumes. Refer to FAR 52.212-2 Evaluation – Commercial Items for details on how the volumes will be evaluated.

B. Questions. All questions shall be submitted electronically only via email to the contract specialist (KS), Robert

Glanowski, via email at robert.j.glanowski.civ@army.mil, not later than 4-days prior to closing. Any effort to contact the Industrial Hygiene Office with questions concerning the solicitation process is NOT allowed and can result in your quote being removed from consideration. If an offeror believes the requirements in these instructions contain an error, an ambiguity, omission, or are otherwise unsound, the offeror shall immediately notify the KS via email with supporting rationale.

C. Period for acceptance of quotes. The offeror agrees to hold the prices in its quote firm for 60 calendar days from the date specified for receipt of quotes, unless another time period is specified in an addendum to the solicitation.

D. Multiple quotes. Offerors are encouraged to submit multiple quotes presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each quote submitted will be evaluated separately.

E. Late submissions, modifications, revisions, and withdrawals of quotes.

(1) Offerors are responsible for submitting quotes, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified above.

(2) Any quote, modification, revision, or withdrawal of a quote received at the Government office designated in the solicitation after the exact time specified for receipt of quotes is “late” and will not be considered unless it is received before award is made and the Contracting Officer (KO) determines that accepting the late quote would not unduly delay the acquisition; an if it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of quotes: or

(3) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of quotes and was under the Government’s control prior to the time set for receipt of quotes; or If this solicitation is a request for quote, it was the only quote received.

F. However, a late modification of an otherwise successful quote, that makes its terms more favorable to the

Government, will be considered at any time it is received and may be accepted.

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

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

(3) Quotes may be withdrawn by written notice received at any time before the exact time set for receipt of quotes. Oral quotes in response to oral solicitations may be withdrawn orally. Facsimile quotes are NOT authorized. A quote may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of quotes, the identity of the person requesting withdrawal is established and the person signs a receipt for the quote.

G. Contract award. The Government intends to evaluate quotes and award a contract without discussions with offerors.

Therefore, the offeror’s initial quote should contain the offeror’s best terms from a price and technical standpoint.

However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all quotes if such action is in the public interest; accept other than the lowest quote; and waive informalities and minor irregularities in quotes received.

EVALUATION OF QUOTES

ADDENDUM TO PROVISION 52.212-2 EVALUATION--COMMERCIAL ITEMS (NOV 2021)

A. The Government will award a contract resulting from this solicitation to the responsible offeror whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes and are approximately equal to cost or price: Technical, Certification and Price.

B. Basis for award. This acquisition utilizes FAR Part 13, Simplified Acquisition Procedures. The Government intends to award a single contract to the offeror who is deemed responsible in accordance with the FAR, as supplemented, whose quote conforms to all contract requirements, and provides the best value response to satisfy the requirements.

Trade-offs between cost/price and non-cost/price factors are not permitted. Responses that fail to address all the requirements set forth in the RFP and PWS will not be considered.

C. Evaluation Criteria and Factors.

(1) Volume I – Technical.

The quote shall define the policies and procedures for the overall management and execution of the requirements of the contract to ensure quality, efficiency, and timeliness. The quote should be practical and be prepared simply and economically, providing straightforward, concise delineation of what the offeror will do to satisfy the

PWS of the contract. The technical volume shall also provide the following information:

Statement of Understanding. The offeror shall submit a brief statement that demonstrates that he/she understands the scope of work and objectives the Government has established within the PWS. This cannot be a repeat or mere summary of services provided in the PWS, but rather the offeror’s statement of understanding of the required work.

The Government will evaluate the offeror’s statement of understanding to determine whether it satisfies the requirements of the PWS. In order to be considered for award, the offeror must receive an “Acceptable” rating in all of the above subfactors. A determination will be rendered as to whether the statement of understanding is evaluated as Acceptable or Unacceptable based on the following table:

Rating Description

Acceptable Statement of Understanding clearly meets the minimum requirements of the solicitation.

Unacceptable Statement of Understanding does not clearly meet the minimum requirements of the solicitation.

(2) Volume II – Certifications. Credentials and Qualifications will be evaluated to determine whether it satisfies the requirements of the PWS.

(3) Volume III –Price. Pricing information will be used to evaluate the completeness, realism, and reasonableness of the cost numbers. The Government will evaluate the unit price quoted for each CLIN using the offeror’s attached submission.

(a) 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. For 52.217-8 on 6-month extension will be calculated using the last option price divided by 2 to determine that price for evaluation purpose. 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).

(b) Offerors may be required during the evaluation process to provide sufficient price/cost information that will enable the Government to perform a meaningful evaluation. If an offeror proposes an unusually low price, the offeror should also provide rationale to justify the price.

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

(End of Provision)

W911YN24R0009

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 5 Job IH Survey CSMS 5 Maintenance Facilities

FFP

Industrial Hygiene Surveys at 5 Maintenance Facilities AASF #1 Jacksonville, AASF #2 Brooksville, #3 CSMS Camp Blanding, #4 MATES Camp Blanding and #5 UTES Avon Park, Florida ARNG IAW PWS FOB: Destination

PURCHASE REQUEST NUMBER: 0012110969

PSC CD: R428

NET AMT

0002 17 Job IH Survey FMS 17 Maintenance Facilities

FFP

Industrial Hygiene Surveys at 17 Maintenance Facilities FMS #1 Miami, FMS #2 West Palm Beach, FMS #3 Sarasota, FMS #4 Tampa ,FMS #5 Plant City, FMS # 6 Haines City, FMS #7 Tavares, FMS #8 Crystal River, FMS #9 St. Augustine, FMS #10 Starke, MS #11 Jacksonville, FMS #12 Lake City, FMS #13 Tallahassee, FMS #14 Bonifay, FMS #15 Pensacola, FMS #16 Titusville and #17 USPFO Warehouse Avon Park, Florida ARNG IAW PWS FOB: Destination

PURCHASE REQUEST NUMBER: 0012111704

1001 5 Job OPTION IH Survey CSMS 5 Maintenance Facilities

FFP

Industrial Hygiene Surveys at 5 Maintenance Facilities AASF #1 Jacksonville, AASF #2 Brooksville, #3 CSMS Camp Blanding, #4 MATES Camp Blanding and #5 UTES Avon Park, Florida ARNG IAW PWS FOB: Destination

1002 17 Job OPTION IH Survey FMS 17 Maintenance Facilities

FFP

Industrial Hygiene Surveys at 17 Maintenance Facilities FMS #1 Miami, FMS #2 West Palm Beach, FMS #3 Sarasota, FMS #4 Tampa ,FMS #5 Plant City, FMS # 6 Haines City, FMS #7 Tavares, FMS #8 Crystal River, FMS #9 St. Augustine, FMS #10 Starke, MS #11 Jacksonville, FMS #12 Lake City, FMS #13 Tallahassee, FMS #14 Bonifay, FMS #15 Pensacola, FMS #16 Titusville and #17 USPFO Warehouse Avon Park, Florida ARNG IAW PWS

2001 5 Job OPTION IH Survey CSMS 5 Maintenance Facilities

FFP

Industrial Hygiene Surveys at 5 Maintenance Facilities AASF #1 Jacksonville, AASF #2 Brooksville, #3 CSMS Camp Blanding, #4 MATES Camp Blanding and #5 UTES Avon Park, Florida ARNG IAW PWS

2002 17 Job OPTION IH Survey FMS 17 Maintenance Facilities

FFP

Industrial Hygiene Surveys at 17 Maintenance Facilities FMS #1 Miami, FMS #2 West Palm Beach, FMS #3 Sarasota, FMS #4 Tampa ,FMS #5 Plant City, FMS # 6 Haines City, FMS #7 Tavares, FMS #8 Crystal River, FMS #9 St. Augustine, FMS #10 Starke, MS #11 Jacksonville, FMS #12 Lake City, FMS #13 Tallahassee, FMS #14 Bonifay, FMS #15 Pensacola, FMS #16 Titusville and #17 USPFO Warehouse Avon Park, Florida ARNG IAW PWS

3001 5 Job OPTION IH Survey CSMS 5 Maintenance Facilities

FFP

Industrial Hygiene Surveys at 5 Maintenance Facilities AASF #1 Jacksonville, AASF #2 Brooksville, #3 CSMS Camp Blanding, #4 MATES Camp Blanding and #5 UTES Avon Park, Florida ARNG IAW PWS

3002 17 Job OPTION IH Survey FMS 17 Maintenance Facilities

FFP

Industrial Hygiene Surveys at 17 Maintenance Facilities FMS #1 Miami, FMS #2 West Palm Beach, FMS #3 Sarasota, FMS #4 Tampa ,FMS #5 Plant City, FMS # 6 Haines City, FMS #7 Tavares, FMS #8 Crystal River, FMS #9 St. Augustine, FMS #10 Starke, MS #11 Jacksonville, FMS #12 Lake City, FMS #13 Tallahassee, FMS #14 Bonifay, FMS #15 Pensacola, FMS #16 Titusville and #17 USPFO Warehouse Avon Park, Florida ARNG IAW PWS

4001 5 Job OPTION IH Survey CSMS 5 Maintenance Facilities

FFP

Industrial Hygiene Surveys at 5 Maintenance Facilities AASF #1 Jacksonville, AASF #2 Brooksville, #3 CSMS Camp Blanding, #4 MATES Camp Blanding and #5 UTES Avon Park, Florida ARNG IAW PWS

4002 17 Job OPTION IH Survey FMS 17 Maintenance Facilities

FFP

Industrial Hygiene Surveys at 17 Maintenance Facilities FMS #1 Miami, FMS #2 West Palm Beach, FMS #3 Sarasota, FMS #4 Tampa ,FMS #5 Plant City, FMS # 6 Haines City, FMS #7 Tavares, FMS #8 Crystal River, FMS #9 St. Augustine, FMS #10 Starke, MS #11 Jacksonville, FMS #12 Lake City, FMS #13 Tallahassee, FMS #14 Bonifay, FMS #15 Pensacola, FMS #16 Titusville and #17 USPFO Warehouse Avon Park, Florida ARNG IAW PWS

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 1001 Destination Government Destination Government

1002 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-SEP-2024 TO

31-AUG-2025

N/A USPFO - FLORIDA

USPFO - FLORIDA

82 MARINE STREET

SAINT AGUSTIN, FL 32084 GA 32084

W38G4L

0002 POP 01-SEP-2024 TO

31-AUG-2025

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 01-SEP-2025 TO

31-AUG-2026

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 01-SEP-2025 TO

31-AUG-2026

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-SEP-2026 TO

31-AUG-2027

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 01-SEP-2026 TO

31-AUG-2027

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 01-SEP-2027 TO

31-AUG-2028

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 01-SEP-2027 TO

31-AUG-2028

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 01-SEP-2028 TO

31-AUG-2029

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 01-SEP-2028 TO

31-AUG-2029

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

SEP 2023

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

NOV 2023

52.219-14 (Dev) Limitations on Subcontracting (DEVIATION 2021-O0008) FEB 2023 52.223-23 Sustainable Products and Services. MAY 2024 52.229-11 Tax on Certain Foreign Procurements--Notice and

Representation

JUN 2020

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-1 Disputes MAY 2014 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

JAN 2023

252.204-7012 (Dev) Safeguarding Covered Defense Information and Cyber Incident Reporting (DEVIATION 2024-O0013 REVISION 1)

MAY 2024

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.225-7048 Export-Controlled Items JUN 2013 252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten.

MAY 2024

252.225-7055 Representation Regarding Business Operations with the Maduro Regime

MAY 2022

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

JAN 2023

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region - Representation

JUN 2023

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region

JUN 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.239-7001 Information Assurance Contractor Training and Certification JAN 2008

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

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

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

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

(d) Representations. The Offeror represents that--

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

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(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 and are approximately equal to cost or price:

Technical, Certifications and 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). The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 calendar days.

(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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2024) ALTERNATE I (FEB 2024)

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.

"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 (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 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 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 the threshold at 13 CFR 124.104(c)(2) 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 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 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.

"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.

(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: ___ .]

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.

(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.

(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…