W912DW23R0RQG HHRDD Combined Synopsis Solicitation.pdf

W912DW23R0RQG

Combined Synopsis/Solicitation

Chief Joseph Dam and Rufus Woods Lake Project, Historic Human Remains Detection Dog Survey

Solicitation W912DW23R0RQG

Combined Synopsis/Solicitation (Per FAR 12.603)

i. This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

ii. Solicitation W912DW23R0RQG is issued as a request for quote (RFQ), procedurally and in accordance with FAR 12 and FAR 13.

iii. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2023-01.

iv. This action is being solicited under the NAICS Code: 812910 Pet Care (except Veterinary) and has a Small Business Size Standard: $8M.

v. Line Items, quantities, and units of measure and

vi. description of services to be acquired:

Contract Line Items

Description of Supplies/Services Qty Unit

0001 Prepare a Survey Plan (SP) as described in PWS Paragraph 3.1 1 EA

0002 Perform Historic Human Remains Detection Dog (HHRDD) Survey as described at PWS Paragraph 3.2

1 EA

0003 Provide HHRDD Survey Report documenting the results of the survey as stated in PWS Paragraph 3.3

1 EA

vii. Location of Contract Performance: Rufus Woods Lake Reservoir (Columbia River) in Okanogan County, Washington. Anticipated contract award date is 25 Jan 2023. Period of Performance: Date of Award to 30 Sept 2023.

viii. The provision at 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services, applies to this acquisition and is incorporated by reference.

ADDENDUM TO 52.2 212-1(b)

All E-mail submissions must clearly identify this notice on the subject line.

Quoters bear the burden of ensuring the quote reached the designated contracting office on time and should allow reasonable time for transmission to be completed. Large e-mail files may not transmit properly so it is advised to send large attachments in several separate e-mails. All pages of the transmission and attachments must reach the office before the deadline specified. Any part of the quote that arrives after the specified deadline may not be considered. The submitter bears the risk of non-receipt of quotes and should confirm by telephone that the quote was received. The point of contact for this requirement is Alfonso “Al” Nolasco, 253-244-0994.

The quoter shall submit 1 copy of its entire quote. The submission of an incomplete quote may render the quote unacceptable and will not be considered.

(NOTE: quotes submitted through sam.gov are unacceptable)

DOCUMENTATION, shall include the following:

I. ADMINISTRATIVE

A cover letter with signatures of a corporate officer authorized to negotiate for the company. Include name of the company, phone, fax numbers, and email address(es) and:

Acknowledged and signed copies of amendment(s) if applicable. The number of copies required will be shown on the SF 30.

Provide CAGE and DUNs. Offerors are required to be fully registered in SAM at the time a quote is submitted. Quotes from quoters who are not fully registered in SAM will not be evaluated and will not be eligible for award. There are no exceptions.

II. TECHNICAL PROJECTS

Provide a summary of at least two projects your firm has completed within the last three years that is the same or similar to the requirement described in the PWS. No longer than 1 page in detail for each summary.

a. At least two projects must demonstrate experience in Historic Human Remains Detection. Search and rescue projects would be considered recent cadaver detection and would not be acceptable.

b. At least one project must demonstrate working closely with a Native American Tribe.

c. Provide the POC info of your customer.

III. PAST PERFORMANCE

The Government will evaluate each supplier’s past performance history in Contractor Performance Assessment Reporting System (CPARS) at CPARS.gov.

The Government may also use information from its own records, information provided by the quoters or their customers, or from any other source it deems appropriate and consider them for past performance evaluation. (No submission of Past Performance info is required.)

IV. PRICE

The quoter shall submit proposed pricing for Contract Line Item Numbers 001, 002 & 003.

Contract Line Item No.

Description of Supplies/Services Qty Unit Unit Price Amount

0001 Prepare a Survey Plan (SP) as described in PWS Paragraph 3.1

0002 Perform Historic Human Remains Detection Dog (HHRDD) Survey as described at PWS Paragraph 3.2

1 EA

0003 Provide HHRDD Survey Report documenting the results of the survey as stated in PWS Paragraph 3.3

TOTAL CONTRACT PRICE

(End of Addendum to 52.212-1)

ix. The provision at 52.212-2 Evaluation—Commercial Products and Commercial Services applies to this acquisition:

ADDENDUM TO 52.212-2(a) The Government intends to issue one (1) fixed price contract to the responsible supplier of services whose quotation conforming to the solicitation and has the lowest evaluated price. Award to be made in accordance with FAR 13.5.

Except communications conducted for the purpose of minor clarifications, the Government intends to evaluate quotes and issue a fixed price order without discussions.

Therefore, each initial quote should contain the quoter’s best terms from a technical and pricing standpoint. However, the Government reserves the right to conduct discussions if it is later determined by the Contracting Officer to be necessary.

EVALUATION FACTORS. The following factors shall be used to evaluate quotations:

Factor 1. Technical Evaluation Factor 2. Past Performance Factor 3. Price

TECHNICAL EVALUATION (FACTOR 1)

The Government will evaluate the offerors technical capability and experience with projects similar to the work as described in the Performance Work Statement. The project summaries provided by your firm will be evaluated to determine:

a. At least two projects must demonstrate experience in Historic Human Remains Detection. Search and rescue projects would be considered recent cadaver detection and would not be acceptable.

b. At least one project must demonstrate working closely with a Native American Tribe.

Each quoter's submitted projects will be evaluated and assigned an adjectival rating. The following rating scheme for Technical Capability will be used:

Factor 1 Evaluation:

ADJECTIVE DEFINITION

Acceptable Based on the offeror’s submitted projects demonstrating capability and experience, the Government has a reasonable expectation that the offeror will successfully perform the required effort.

Unacceptable Based on the offeror’s submitted projects demonstrating capability and experience, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

Note: A quoter with a rating of “Unacceptable” will not be considered for award.

PAST PERFORMANCE (FACTOR 2). Performance Confidence Assessment provides insight into a quoter's probability of successfully completing the solicitation requirements based on the quoter’s performance record on recent, relevant, and similar contract efforts.

The number and severity of problems (if any), the demonstrated effectiveness of corrective actions taken (if required) and the overall performance record are taken into consideration.

Each quoter's Past Performance will be evaluated and assigned an adjectival rating. The following rating scheme for Performance Risk will be used:

ADJECTIVE DEFINITION

Acceptable Based on the quoter’s performance record and the confidence assessment, the Government has a reasonable expectation that the quoter will successfully perform the required effort, or the quoter’s performance record is unknown. (See note below.)

Unacceptable Based on the quoter’s performance record and the confidence assessment, the Government has no reasonable expectation that the quoter will be able to successfully perform the required effort.

Neutral If a quoter does not have a past performance history relating to the solicitation, the quoter will not be evaluated favorably or unfavorably, and a neutral rating will be given for this factor. A neutral rating is considered Acceptable.

Note: A quoter with a rating of “Unacceptable” will not be considered for award.

Evaluation of past performance will be subjective based on consideration of all relevant facts and circumstances. The currency, content, general trends, and relevance of the information in contractor's performance will be considered.

The Government may also consider and use any additional information from its own files, databases, references provided by the quoter, or from any source, as it deems appropriate. The Government may survey references to verify information provided and may survey other sources known to the Government.

If adverse past performance information is obtained, the respective point of contact will be contacted to obtain additional information about the circumstances surrounding the situation. Quoters will be given an opportunity to address unfavorable reports of past performance to which the quoter has not had a previous opportunity to respond.

PRICE (FACTOR 3) is not rated. Price and/or cost analysis will be used to evaluate a quoter’s price and the extent to which it is fair and reasonable, and balanced.

Award will be made to the lowest price quoter possessing all of the following characteristics:

a. Conforms to the solicitation,

b. Is from a prospective contractor who is responsible (as defined in Federal Acquisition Regulation Part 9). (As part of a responsibility determination and pre-award risk assessment, the Contracting Officer will review the Federal Awardee Performance and Integrity Information Systems (FAPIIS), System for Award Management (SAM) and other sources,

c. Has a price that is determined to be fair and reasonable, and balanced.

(End of Addendum to FAR 52.212-2)

x. Offerors shall state they have a current and complete record on SAM which meets the requirement of the provision 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, or a copy of the complete provision must be provided with its offer.

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

xii. The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services, applies to this acquisition.

xiii. 52.222-41, Service Contract Labor Standards applies to this requirement. Wage Determination No.: 2015-5557 Rev 20 is currently applicable. The most recent modification of this Wage Determination that is in effect on the date of contract award will be incorporated into the contract.

xiv. Defense Priorities and Allocations System (DPAS) rating is not applicable.

xv. Offers are due on Jan 11, 2023 at 12:00:00 pm (PDT) and shall be electronically sent to the following personnel:

Contract Specialist: Alfonso Nolasco, alfonso.nolasco@usace.army.mil Contracting Officer: Jeffrey Ross, jeffrey.a.ross@usace.army.mil

xvi. For questions regarding this solicitation, contact Alfonso Nolasco by email at alfonso.nolasco@usace.army.mil . Questions submitted less than three (3) business days prior to solicitation closing may not receive a response.

Performance Work Statement (PWS)

Chief Joseph Dam and Rufus Woods Lake Project, Historic Human Remains Detection Dog Survey

1. Project Objective

Provide all services, equipment, and personnel for completion of a Historic Human Remains Detection Dog (HHRDD) survey at the Chief Joseph Dam and Rufus Woods Lake Project (CJD Project). The purpose of this survey is to identify specific areas that potentially have burials. The survey is needed to gather information to help in the ongoing stewardship of these significant and sacred places as well as design treatments to mitigate adverse effects on historic properties from the operation and maintenance of the CJD Project.

The guidelines and conditions identified below represent the Government’s minimum requirements and do not relieve the Contractor of responsibility of complying with all federal, state, and local laws pertaining to the performance and accomplishment of the services identified throughout this contract. The Contractor shall manage the total work effort associated with the services required herein to meet the performance objectives and standards.

The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

2. Project Background

The survey areas are located along the north shore of the Rufus Woods Lake Reservoir (Columbia River) in Okanogan County, Washington. The survey areas are entirely within the boundary of the Colville Reservation. All the survey areas are located within easements on private land or land owned by the Confederated Tribes of the Colville Reservation (CTCR). The survey areas can be accessed by road.

The survey areas are situated in in the semi-arid shrub steppe environment of eastern Washington.

Average high and low temperatures in the area are approximately 62 F and 39 F, respectively. The average hottest month is July (89.3 F), and the average coolest month is January (20.3 F). Average total annual precipitation is 10.25 inches, mostly falling November through May.

The terrain in the survey areas can be characterized as rough and uneven; however, steep slopes are rare.

Soil maps show sediments vary from fine sand to cobbly sandy loam. Vegetation is dominated by big sagebrush and bluebunch wheatgrass. Vegetation can be dense; however, there is generally open space in between shrubs. There are few trees and little shade.

The shrub steppe habitats support both resident and wintering mule deer, as well as bobcats, badgers, coyotes, cottontail rabbits, yellow-bellied marmots, and several species of mice, voles, birds, and bats.

During the summer months, there is a high potential for encountering Western rattlesnakes.

3. Tasks

3.1 Task 1. Prepare a Survey Plan

Prepare a Survey Plan (SP) consisting of the following elements: project personnel and qualifications, proposed survey methods, and work schedule. It is expected that the SP shall not consist of more than 15 pages, excluding figures and appendices. Submit to Government within 14 days of Post Award Kick-Off Meeting.

3.2 Task 2. Historic Human Remains Detection Dog (HHRDD) Survey

Ensure that adequate numbers of qualified personnel and equipment are available to execute the HHRDD survey in accordance with the project deadlines (Table 3-1: Summary of Deliverables and Table 8-1:

Activity Schedule). The purpose of this survey is to identify specific areas that potentially have human burials. Completely inspect the survey areas to the maximum extent possible.

There are five discrete survey areas totaling approximately 7 acres. Maps of the specific survey areas will be provided when contract is awarded.

3.2.1 HHRDD Survey Requirements

It is expected that the survey will be conducted as soon as feasible and before 31 May 2023.

Coordination with the CTCR Tribal Historic Preservation Officer (THPO) is required, and the CTCR will provide a monitor(s) to be physically present during performance of the survey work.

CTCR Points of Contact are:

Jackie Cook, Repatriation Specialist and Collection Manager, (509) 634-2635, Jackie.Cook@colvilletribes.com

Guy Moura, THPO, (509) 634-2695, guy.moura@colvilletribes.com

Digging and probing into the ground are prohibited and the survey will be as non-invasive as possible.

If human remains are encountered on the ground surface during the survey (Task 2), the Contractor shall inform the CTCR monitor immediately or if the monitor is not available, follow the procedures for inadvertent discoveries below:

Inadvertent Discoveries (43 CFR 10.4) – In the event that human remains, burials, funerary items, sacred objects, or objects of cultural patrimony are found during project implementation, the Contractor or their authorized agent shall cease work immediately within 200 feet of the find. They shall then take steps to protect the find from further damage or disruption.

They shall contact the Tribal Historic Preservation Officer (THPO) at (509) 634-2695 [desk] or the CTCR Resource Archaeologist at (509) 634-2744 [desk] to report the find.

The THPO or the Resource Archaeologist shall contact the appropriate law enforcement authority if human remains are found.

No further work shall be allowed on the project until the THPO has approved a plan for managing or preserving the remains or items.

Task 3.3 HHRDD Survey Report

Develop a HHRDD Survey Report documenting the results of the survey. Submit a Draft HHRDD Survey Report to Government within 30 days following completion of the survey work. It is expected that the report shall not consist of more than 50 pages, excluding figures and appendices. At a minimum, the report must provide the following information:

Summary of findings Coordinates of all dog alerts in WGS 1984 coordinate system A map of the survey area(s), dog tracks, and any recorded alerts

Description of the terrain and weather Alert interpretation, comments, and observations Photographs showing examples of conditions of each survey area, survey methods, and dog alerts

(as available) Personnel or Resumes

Table 3-1: Summary of Deliverables

Deliverable Description

Draft Final Due Date

Survey Plan (SP) Electronic Electronic

Draft - 14 days after Post Award Kick-Off meeting of contract.

Government comments provided 14 days after receipt of Draft

Final – 14 days after receipt of USACE comments.

HHRDD Survey Report

Electronic Electronic

Draft – 30 days after completing survey work.

Government comments provided 30 days after receipt of Draft report

Final – 14 days after receipt of USACE comments.

4. Government Furnished Material

The Contractor is responsible for providing all materials and equipment necessary to complete all tasks within this SOW. Maps of survey areas are provided by the Government upon awarding contract.

5. Government Review of Documents

The USACE will review each draft submittal to assure each PWS objective and tasks have been met.

Comments may result from the reviews. The comments, if any, must be addressed and resolved by the Contractor. Incorporate changes resulting from the comment resolution into the final submittals.

6. Data Rights

The Government has unlimited rights to all documents/material produced under this contract except for objects affected by the Native American Grave Protection and Repatriation Act of 1990. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the Contractor without written permission from the KO. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose.

This right does not abrogate any other Government rights.

7. Points of Contact

Coordinate field work with the USACE Technical Lead, Jeremy Ripin (206-764-3630) at least 14 days in advance. The USACE Contracting Officer Representative (COR) for this project is Vanessa Pepi (206) 741-3575.

8. Schedule and Period of Performance

Provide sufficient technical, supervisory, and administrative personnel to ensure completion of the work in accordance with Table 8-1. Keep the USACE COR fully advised at all times concerning delays or difficulties which may prevent completion of any or all of the work according to the schedule. Review and approval dates are approximate based on the present project schedule. The contract period of performance begins at award of the contract and all tasks must be completed by 30 Sept 2023.

Table 8-1: Activity Schedule

Activity Completed

Post Award Kick-Off Meeting- Video Conference/ On-line meeting for introduction and to review PWS, Invoicing and overall expectations of both parties.

14 days after award of contract

Submit Draft SP 14 days after Post Award Kick-Off Meeting

Government Comments to Draft SP 14 days after receipt of Draft SP

Submit Final SP 14 days after receipt of Government comments on Draft SP

Begin Field Work On date coordinated with Government and CTCR THPO, after receiving approval on Final

SP

Submit Draft HHRDD Survey Report 30 days after completion of survey work

Government Comments to Draft HHRDD Survey Report

30 days after receipt of Draft HHRDD Survey Report

Submit Final HHRDD Survey Report 14 days after receipt of Government comments

End of contract period of performance 30 Sept 2023

SP – Survey Plan HHRDD – Historic Human Remains Detection Dog

9. AT/OPSEC Requirements

The Contractor shall ensure the following security requirements are met throughout the period of performance:

9.1 General Security Requirements and Guidance

The security requirements described below apply to all contract personnel (including employees of the prime Contractor (“Contractor”) and all subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative (e.g., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)).

Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract.

Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative. The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as “RAMs”), and Health Protection Condition (HPCON) measures.

The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures --this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.

9.2 Suspicious Activity Reporting Training (e.g. iWATCH, CorpsWatch, or See Something, Say Something)

All contract personnel shall receive initial and annual refresher training from the RA representative on the local suspicious activity reporting program. This locally developed training provides contract personnel with general information on suspicious behavior, and guidance on reporting suspicious activity to the project manager, security representative or law enforcement entity.

9.3 Pre-screen Candidates Using E-Verify Program

Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility Verification and FAR Subpart 22.18 in using the E-Verify Program at (https://www.e-verify.gov/) (website subject to change) to meet the contract employment eligibility requirements.

Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with FAR 22.102-1(i). An initial list of verified/eligible candidates shall be provided to the COR no later than three business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, and submit it to the Contracting Officer to become part of the official contract file.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-20 Predecessor of Offeror AUG 2020 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities

NOV 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

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

NOV 2021

52.212-2 Evaluation - Commercial Items NOV 2021 52.212-4 Contract Terms and Conditions--Commercial Products and

Commercial Services

NOV 2021

52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

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 2021

252.225-7055 Representation Regarding Business Operations with the Maduro Regime

MAY 2022

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

MAY 2022

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

Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019

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.

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

COMMERCIAL SERVICES (OCT 2022) 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, 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.

"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 its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

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

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

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2).

[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.

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

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

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

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

(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [ ___ ] 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) 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…