B.08.02 revised CSS.pdf

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 as supplemented with additional information in this notice. This announcement constitutes the only solicitation, quotes are being requested and a written solicitation will not be issued.

***Please read these instructions carefully.***

Solicitation number W9127S22Q0040 is issued as a request for quotation (RFQ).

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-06.

Set Aside, NAICS Code & Size Standard: This solicitation is set-aside for Small Business.

The NAICS Code 561492 and the applicable size standard of $16.5M.

Description of requirements for the items to be acquired: The Contractor shall provide all personnel, equipment, materials, supervision, and other items necessary to perform court reporting services for any court proceeding, deposition, agency hearing or other proceedings given under oath or affirmation as defined in this Performance Work Statement (PWS) except as specified in Part 3 as government furnished property and services in support of the U.S.

Army Corps of Engineers’ Little Rock District Office of Counsel (Corps or Office of Counsel).

Date(s) and place(s) of delivery and acceptance and FOB point:

U.S. Army Corps of Engineers’ Little Rock District Office of Counsel 700 West Capitol Ave, Little Rock AR, 72202

Period of Performance: 01 June 2022 through 31 June 2027

Please NOTE this solicitation requires offerors to enter a National Institute of Standards and Technology (NIST) score in the Supplier Performance Risk System (SPRS) prior to responding to this solicitation. The NIST score is a responsiveness item. Bids/offers from contractors with a NIST score in SPRS will be considered responsive and evaluated/considered for award. Those without a NIST score in SPRS will be deemed NON-RESPONSIVE and thus not evaluated/considered for award.

The provision at 52.212-1 (Deviation), Instructions to Offerors -- Commercial, applies to this acquisition . Offerors are also required to submit a completed copy of the Request for Quotation cover page and a completed copy of the quote schedule.

The provision at 52.212-2, Evaluation -- Commercial Items, is not applicable to this solicitation.

Offerors are required to include a completed copy of the provision at 52.212-3 Alt I, Offeror Representations and Certifications -- Commercial Items, with its quote.

The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition.

The clause at 52.212-5 (Deviation), Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition. Please see the Clauses Incorporated By Reference section for additional FAR Clauses applicable to this acquisition.

The Government intends to issue multiple BPAs to two or more sources under this solicitation.

Quotes are due August 3rd 2022 at 1 PM CST. Email submission of quotations are preferred in .pdf form, however Fax or Mail submissions are allowed.

Required Documents to Submit:

1. Request for Quotation cover page (signed)

2. Completed (filled in) Provisions, as applicable

3. Quote Schedule with unit prices and total prices.

4. Signed Amendments, if applicable

When submitting your quote, be please make sure the solicitation number, W9127S22Q0040, is written in the subject line or on the outside of the envelope.

Email: Shelby.m.henson@usace.army.mil

Fax: (501) 324-5196

If sending by mail, please submit your quotes to the following address:

US Army Corps of Engineers, Little Rock District Contracting Division, Attention: Shelby Henson 700 West Capitol Avenue, Room 7315 Little Rock, AR 72201

If you have any questions regarding this solicitation, please contact:

Shelby Henson 501-340-1249 Shelby.m.henson@usace.army.mil

REQUEST FOR QUOTATION COVER PAGE 3

US Army Corps of Engineers, Little Rock District

Contracting Division

700 West Capitol Avenue Room 7315

Little Rock, AR 72203

W9127S22Q0040, Office of Counsel Court Reporting

BPA

Submitted by

Offeror Name:

Offeror Address:

Street

City/State

Offeror Email Address:

Cage Code:

Unique Entity ID:

TIN:

Telephone Number:

Signature:

Date:

W9127S22Q0040 Quote Schedule.

Line Item Unit

CLIN 0001 Court Reporting and Transcription Services – In person appearance.

Period of Performance: 15 September 2022 – 31 May 2027

Price her hour

CLIN 0002 Court Reporting and Transcription Services – Virtual meeting.

Period of Performance: 15 September 2022 – 31 May 2027

Price per hour

CLIN 0003 Court Reporting and Transcription Services – Copy of Transcriptions.

Period of Performance: 15 September 2022 – 31 May 2027

Pride per page

Performance Work Statement

PART 1

GENERAL INFORMATION

1. This is a non-personnel services contract to provide transcription and court reporting (CR) services. The Government shall not exercise supervision or control over the contract service providers performing these services. Such contract service providers are accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction: The Contractor shall provide all personnel, equipment, materials, supervision, and other items necessary to perform CR services for any court proceeding, deposition, agency hearing or other proceedings given under oath or affirmation as defined in this Performance Work Statement (PWS) except as specified in Part 3 as government furnished property and services in support of the U.S.

Army Corps of Engineers’ Little Rock District Office of Counsel (Corps or Office of Counsel). The Contractor shall perform to the standards in this contract.

1.2 Background: Office of Counsel provides legal advice, guidance, and representation to the U.S. Army Corps of Engineers’ Little Rock District. The Office of Counsel has a current need for court reporting and transcription services on an on-going basis for various legal proceedings.

1.3 Scope: The Contractor shall provide court reporting and transcription services for Office of Counsel. Employee performing court reporting duties must have a certification from the National Court Reporters Association and at least 3 years of satisfactory experience. Contractor must be able to perform CR duties virtually when required. The Contractor must be able to provide service by video teleconference (VC) or on-site by subcontracting a qualified, local reporter in the area where the proceeding will be held.

Experience providing court reporting service via VTC required. The Contractor must be able to confirm service in a timely manner consistent with Office of Counsel directives.

Service confirmation may be required with less than 72-hour notification.

1.5 Period of Performance: The period of performance shall be for one (1) year (12 months), with four optional one-year periods. The Period of Performance is as follows:

Base Period:

Option Period 1:

Option Period 2:

Option Period 3:

Option Period 4:

01 June 2022 through 30 May 2023 01 June 2023 through 30 May 2024 01 June 2024 through 30 May 2025 01 June 2025 through 30 May 2026 01 June 2026 through 30 May 2027

1.6 General Information

1.6.1 Quality Control: The contractor shall develop and maintain an effective quality control (QC) program to ensure services are performed in accordance with the PWS.

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The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. As a minimum, the contractor shall develop quality control procedures that address the areas identified in Technical Exhibit 1, Performance Requirements Summary. After acceptance of the quality control plan, the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to the QC system.

1.6.2 Quality Assurance: The Government shall evaluate the Contractor’s performance under this contract in order to ensure compliance with the performance standards established in this performance work statement.

1.6.3 Recognized Holidays: The Contractor is not required to perform services on the following days:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Juneteenth National Independence Day Christmas Day Independence Day

1.6.4 Hours of Operation: Hours of operation shall be determined on a case-by-case basis by the Office of Counsel.

1.6.5 Place of Performance: The work under this BPA will be performed at Government and Non-Government facilities throughout the Little Rock District.

1.6.6 Type of Contract: The government anticipates award of multiple blanket purchase agreements (BPA) with Firm Fixed Price orders.

1.6.7 Security Requirements.

1.6.7.1 The Contractor shall maintain and safeguard any For Official Use Only (FOUO) protected information as specified in Army Regulation 25-55 Department of the Army Freedom of Information Act (FOIA) program. The Contractor must agree to and sign a Confidentiality and Non-disclosure Agreement and submit it to the Office of Counsel prior to the start of work: See Technical Exhibit 2 Contractor Non-Disclosure Statement.

1.6.7.2 All Contractor personnel are prohibited from selling, distributing, or releasing to the public any information, documents, or transcripts from any proceedings.

1.6.7.3 Access and General Protection/Security Policy and Procedures. Contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and

-3-procedures (provided by government representative). This includes all security related training requirements.

1.6.8 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5.

The Contracting Officer (KO), Contracting Officer’s Representative (COR), and other Government personnel, as appropriate, may meet periodically with the Contractor to review the contractor's performance. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.6.9 Contract Manager: The Contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the Contractor when the manager is absent shall be given in writing to the KO. The contract manager or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract.

1.6.10 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

1.6.11 Contractor Travel: The Contractor may be required to travel within the Little Rock District. This travel shall not incur additional costs.

PART 2

DEFINITIONS & ACRONYMS

Business Days: Monday through Friday, excluding holidays, Saturdays and Sundays

Contracting Officer’s Representative (COR): A representative from the requiring activity assigned by the Contracting Officer to perform surveillance and to act as liaison to the Contractor

Defective Service: A service output that does not meet the standard of performance associated with it in the Performance Work Statement.

FOUO: For Official Use Only

Investigator: A person authorized by an agency to conduct an inquiry into a complaint of discrimination

KO: Contracting Officer

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OC: Little Rock District Office of Counsel

POC: Point of Contact

Proceedings: A scheduled matter, or portion of a scheduled matter, at which the Contractor is expected to provide reporting and transcription services.

PWS: Performance Work Statement

Reporter: A Contractor employee or agent assigned to provide verbatim reporting and other proceedings.

Quality Control (QC): Those actions taken by a contractor to control the performance of services so that they meet the requirements of the PWS.

Quality Assurance: Those actions taken by the government to assure services meet the requirements of the Performance Work Statement.

VTC: Video Tele-Conference

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3.1 GENERAL: The Government shall provide the facilities, equipment, materials, and/or services listed below.

3.2 Equipment: None

3.3 Services: None

3.3.1 Utilities: All utilities in the facility will be available for the Contractor’s use in performance of duties outlined in this PWS. The Contractor shall be responsible for operating under conditions that preclude the waste of utilities.

3.4 Facilities: The Government will furnish the necessary workspace for the contractor staff during proceedings as outlined in this PWS on an as needed basis.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4.1 General: Except for those items specifically stated to be government furnished in Part 3, the contractor shall furnish everything required to perform this PWS.

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PART 5

SPECIFIC TASKS

5.0 REQUIREMENTS: The Contractor, as an independent Contractor and not as an agent of the Government, shall provide, unless the requirements have otherwise been deemed to be Government furnished, the requirements of the PWS as specifically outlined below:

5.1 Basic Services: The Contractor shall provide error-free (not to exceed two per page) verbatim reporting and transcription of hearings and related proceedings, as defined in this PWS.

5.1.1 Reporting: The Contractor shall provide verbatim reporting of hearings and related proceedings in standard legal format and as set forth below.

5.1.2 Recording, General: The Contractor shall record the full testimony during a proceeding and report and incorporate it into the transcript unless OC directs otherwise.

5.1.3 Electronic Sound Recording Systems: The Contractor may use electronic sound recording systems, provided they are capable of accurately recording the proceedings under adverse conditions that frequently exist (e.g., air conditioning or traffic background noise). Contractor shall use quality electronic sound recording systems as to insure against error, misinterpretation, or loss of voice. Contractor personnel equipment shall be operator-monitored from a separate monitor head to ensure a proper recording and include a simultaneous playback, listening, pre-amplification, and speaker identification facilities.

5.1.4 Markings: The transcript copies, shall be marked on the bottom of the front cover, on every page, and on the outside of the back cover. "For Official Use Only (FOUO). Protected by the Privacy Act.”

5.1.5 Retention of Notes and Tapes: The Contractor shall retain and properly safeguard for a period of two (2) years, any stenographic notes and/or electronic recording tapes taken by the reporter at a proceeding from which a transcript has been prepared, along with one copy of the transcript, for a period of at least two years after the conclusion of the proceeding unless, otherwise directed by the Government.

5.1.6. Loss of Testimony: The Contractor shall retake and transcribe testimony without additional charge if mechanical breakdown or negligence by the Contractor or any level subcontractor, testimony is lost, destroyed, or otherwise not recorded and/or retained. Contractor shall be responsible for foreseeable damages or cost relating to the loss of testimony and/or the necessity to retake the testimony.

5.1.7 Reporting to the Worksite: The assigned reporter shall report to worksite before the designated starting time of the proceeding and shall allow sufficient time to have all necessary equipment completely installed and operational prior to the time set for the

-6-commencement of the proceeding. If the Contractor does not appear at the time and place specified for the proceeding, the Corps may call in a substitute and the Contractor shall reimburse the Government for expenses over and above those which would have been incurred if the Contractor had properly performed the work. The Government may deduct such expenses and other damages from any other sums due or that may become due the Contractor.

5.1.8 Guaranteed Minimum Payment:

5.1.8.1 In the absence of adequate notice of cancellation or postponement of a scheduled proceeding, when a reporter has reported to the worksite, at the time and place designated for a scheduled proceeding, the Contractor is entitled to a proceeding minimum payment for each such hearing day or part thereof at a rate set forth in this contract. The applicable minimum payment will be paid IN LIEU OF the contract rate when a transcript ordered for a scheduled proceeding day does not equal or exceed the daily proceeding minimum payment. No appearance or attendance fee, other than stated herein, is payable under this contract.

5.1.8.2 Delays in Providing Reporting Services: The Contractor shall be liable to the Government for liquidated damages for each hour of delay, in cases where the contractor has been notified in a timely manner of a proceeding and the reporter does not appear at the time and place specified

5.1.10 Cancelled, Delayed or Postponed Proceedings: The OC will inform the Contractor of cancelled, delayed, or postponed proceedings. Adequate notice of cancellation of postponement of a scheduled proceeding will be notice to the Contractor before 5:00PM of the business day prior to the proceeding date. Notice may be given via telephone or via an agreed upon email address.

5.1.11 Transcript Production: The Contractor shall produce transcripts as directed in individual orders. The number of copies and format will be included in such orders.

5.1.12 Transcript Delivery: The Contractor shall deliver copies of the transcript as directed in individual orders.

TECHNICAL EXHIBIT 1

PERFORMANCE REQUIREMENT SUMMARY

Performance Objective Standard Performance

Threshold Method of Surveillanc e

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PRS # 1

The contractor shall provide error free transcripts of hearings and related proceedings.

Ref: PWS paragraph 5.1.

Accurate transcripts are provided as stated in paragraph 5.1 of the PWS

No more than 2 errors per page

Validated customer complaint

TECHNICAL EXHIBIT 2

NON DISCLOSURE STATEMENT

Department of the Army

Corps of Engineers Little Rock District 700 W. Capitol Ave. 7th Floor Little Rock, Arkansas, 72203

Office of Counsel

Confidentiality and Non-Disclosure Agreement Office of Counsel

WHEREAS, [COMPANY NAME]

_____________________________---_________agrees to transcribe certain confidential and sensitive Privacy Act information relating to the assigned task of reviewing, transcribing, processing, or possessing confidential and sensitive information pursuant to the terms of this contract.

1. Agrees to hold confidential or sensitive Privacy Act information in trust and confidence and agrees that it shall be used only for the contemplated purposes, shall not be used for any other purpose, or disclosed to any third party.

2. Agrees that copies of transcripts in any format kept by the Contractor for record keeping purposes will be securely stored, safeguarded by the Contractor, marked “Subject to the Privacy Act,” and destroyed in accordance with the Contractor’s standard operation procedures in a manner to ensure compliance with the Privacy Act.

Company Representative Signature Title

Date

CLAUSES INCORPORATED BY REFERENCE

52.203-19 JAN 2017

52.204-7 OCT 2018

52.204-10 JUN 2020

52.204-13 OCT 2018

52.204-16 AUG 2020

52.204-18 AUG 2020

52.204-19 DEC 2014

52.204-22 JAN 2017

52.204-25 DEC 2021

52.209-6 DEC 2021

52.209-10 NOV 2015

52.212-1 DEC 2021

52.212-4 DEC 2021

52.212-5 (Dev) JAN 2022

52.219-6 NOV 2020

52.222-3 JUN 2003

52.222-21 APR 2015

52.222-26 SEP 2016

52.222-35 JUN 2020

52.222-36 JUN 2020

52.222-37 JUN 2020

52.222-50 DEC 2021

52.222-53 MAY 2014

52.222-55

Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements System for Award Management Reporting Executive Compensation and First-Tier Subcontract Awards System for Award Management Maintenance Commercial and Government Entity Code Reporting Commercial and Government Entity Code Maintenance Incorporation by Reference of Representations and Certifications.

Alternative Line Item Proposal Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment Prohibition on Contracting With Inverted Domestic Corporations Instructions to Offerors--Commercial Products and Commercial Services Contract Terms and Conditions--Commercial Products and Commercial Services Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Products and Commercial Services (Deviation 2018-O0021)

Notice Of Total Small Business Set-Aside Convict Labor Prohibition Of Segregated Facilities Equal Opportunity Equal Opportunity for Veterans Equal Opportunity for Workers with Disabilities Employment Reports on Veterans Combating Trafficking in Persons Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements Minimum Wages for Contractor Workers Under Executive Order 14026

JAN 2022

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2021

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

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

MAY 2016

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

(a) Definitions. As used in this provision-

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

(b) Prohibition.

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

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

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

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

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

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

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

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

2020)

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

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

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

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

COMMERCIAL SERVICES (NOV 2021) ALTERNATE I (OCT 2014)

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. 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.

"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 concern"—

(1) Means a small business concern—

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

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

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

"Small business concern"—

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

"Women-owned 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 the 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.

(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 to be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern.

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

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

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

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

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

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

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

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

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

[The offeror shall check the category in which its ownership falls]:

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

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

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

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

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

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or…