W912ES23Q0095 RFQ for Annual Vessel Inspection.pdf

SEE ADDENDUM

(No Collect Calls)

W912ES23Q0095 01-Sep-2023

b. TELEPHONE NUMBER

651-290-5614

8. OFFER DUE DATE/LOCAL TIME

11:00 AM 14 Sep 2023

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912ES9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JOHN P RIEDERER

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

W81G6731939658

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

CONTRACTING DIVISION

USACE, ST PAUL

332 MINNESOTA STREET

SUITE E1500

ST PAUL MN 55101-1323

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 965605 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

DREDGE - GOETZ

ADAM FREDE LOVEN

DREDGE GOETZ 431 NORTH SHORE DRIVE

FOUNTAIN CITY WI 54629

TEL: 651-290-5141 FAX:

FAX:

TEL: 651-290-5414 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$19,500,000

NAICS:

541990

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF53

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912ES23Q0095

Section SF 1449 - CONTINUATION SHEET

NOTES TO QUOTER

NOTES TO QUOTER

PLEASE E-MAIL ALL QUESTIONS to John Riederer, Contract Specialist, John.P.Riederer@usace.army.mil with at least two business days prior to solicitation close to allow response time.

This is a 100% Small Business Set-Aside solicitation.

NAICS Code: 541990 Size Standard: $19 million

It is preferred that the quote is e-mailed to:

John Riederer, Contract Specialist, John.P.Riederer@usace.army.mil

The offeror may also submit the quote by mail / courier to the following:

USACE – ST PAUL

CONTRACTING DIVISION

ATTN: John Riederer

332 MINNESOTA ST, SUITE E1500

ST. PAUL, MN 55101

OFFEROR SHALL BE REGISTERED IN SAM (System for Award Management) https://www.sam.gov to include the FAR and DFARS Reps and Certs sections with the NAICS code applicable to the solicitation. For assistance with SAM, contact information is below:

SAM by GSA Hours of Operation: Monday – Friday 8am to 8pm ET, U.S. Calls 866-606-8220, Service desk website: http://www.fsd.gov/

Initial registration and registration renewal in SAM requires Internal Revenue Service verification of Employer ID Number, a process which can take several days to complete.

Quotes must be RECEIVED no later than the Offer Due Date/Time listed in the FBO.gov solicitation posting.

Quotes received after the deadline are considered late, and may not be considered for award.

Quotes must include specific acknowledgement of all amendments to the solicitation (if any).

Quotes must include the NAME(S) and Qualifications of the proposed inspector(s).

Please Note: The prices quoted for the vessel inspections shall constitute full compensation for the Contractor. Prices should include ALL expenses, such as travel, lodging, per diem, etc.

STATEMENT OF WORK

The U.S. Army Corps of Engineers requires a qualified Marine Surveyor to perform annual condition inspection on the Dredge Goetz and the Quarters Barge Taggatz. The contract shall be for one (1) year, with four (4) option periods, exercisable by the Government.

The U.S. Army Corps of Engineers Safety manual, EM385-1-1, states “The inspection shall be appropriate for the intended use of the plant and shall, as a minimum, evaluate structural condition and compliance with NFPA 302”.

This being said, the minimum requirement is that the vessel safety equipment and the safety of the crew be assessed.

A current copy of EM385-1-1 can be found at:

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf?ver=2015-04- 09-142531-467

There are no manuals available for either vessel, but there are technical drawings available to the Contractor while onboard. The Corps of Engineers safety manual requires that the inspection take place while the vessel is in working mode. The district safety office has determined this to mean the vessel is floating, with all system operable, but not necessarily dredging. Ultrasonic testing can be done while the vessel is afloat.

Firefighting equipment shall be included during the inspections. Per the Safety manual, we must insure compliance with NFPA 302. The fire systems were last inspected in May 2022, during the last inspection. It is the opinion of the Technical POC that a specialist technician would not be necessary for fire system testing and certification, but the decision is up to the inspecting company.

Vessel machinery, other than Safety Equipment, will not be included in the inspections. Inspections do not include electronics unless they are part of the safety systems.

Past inspections have taken one day per vessel to complete.

Surveyor Qualifications:

The Marine surveyor shall be accredited by either the National Association of Marine Surveyors (NAMS) or the Society of Accredited Marine Surveyors (SAMS) and have at least 5 years of experience in commercial marine plant and equipment.

SCOPE OF SURVEY for Dredge Goetz The survey shall concentrate on the vessel's condition, safety equipment and the safety of crew onboard. At a minimum 8-10 ultrasonic measurements shall be taken with particular attention to locations where hull plate deterioration was expected to be most advanced. If paint is removed to conduct ultrasonic testing the contractor shall reapply coating (if required, the Government will supply the coating). The survey is required to be conducted while the Dredge is in a working mode per the US army Corps of Engineers Safety and Health Requirement’s manual, EM385-1-1. Within two weeks of completion of the inspection the Marine surveyor shall have the completed report to the Government Representative for evaluation. At a minimum the report shall include a narrative of the inspection, a map of ultrasonic test locations, photographs of areas inspected and a recommended course of action for deficiencies.

VESSEL

Dredge "GOETZ"

DIMENSIONS

Length: 200' Breadth: 39' Depth: 8’

OWNER/OPERATOR

U.S. Army Corp. of Engineers 431 N Shore Drive Fountain City, WI 54629

DATE AND PLACE OF CONSTRUCTION

2005-HullNo. 229 Letourneau, Inc. Vicksburg, Mississippi The vessel is ABS Classed +Al.

OFFICIAL NUMBER

Undocumented

TONNAGES

Unknown

CAPACITIES

Crew: None Fuel: 30,000 gals Potable Water: 1,000 Gallon

GENERAL DESCRIPTION

The Dredge Goetz is a non-self-propelled, cutterhead type dredge of all welded steel construction. The dredge's hull is comprised of three (3) longitudinal pontoon hull sections, situated side by side.

The superstructure, which is positioned over the center hull pontoon, is arranged with a step-up, second deck lever room at its forward end. The main deckhouse encloses a swing gear space forward with interior electrical control room, followed by the engine room and workshop aft. Below deck, the center hull pontoon is arranged with a pump room forward, followed by a motor room, the fuel and oil tanks, and a storage/spares compartment aft.

The forward end of the dredge hull is fitted with a modified "A" frame structure, dredge ladder and cutterhead assembly. The aft end of the hull is fitted with a centerline walking spud and starboard side stationary spud.

Each of the two (2) outboard hull pontoon sections divided below deck by transverse bulkheads into individual watertight void compartments. There are six (6) watertight

Void compartments in each of the port and starboard pontoons, inclusive of the horn tanks forward. Each tank can be accessed via one or two manholes in the main deck, provided with flush mount covers. Tanks and voids will be open/gas-free for inspection.

Electrical power for the dredging machinery onboard the vessel is provided by two (2) 1325 kW generators, each driven by a Caterpillar 3516 diesel engine. Another 250 kW generator, driven by a Caterpillar C9Di diesel engine, can provide power for the vessel's lighting.

The vessel is equipped with an AFP-200 Intelligent Fire Detection and Alarm system onboard, with visual/audible alarm panel in the lever room and hard wired heat sensors located in the swing gear space, engine room, motor room and workshop.

The vessel has a fire water system installed, with four (4) firewater stations. One station is located on the inboard side of the starboard exhaust stack, and the other three are ranged along the starboard side of the superstructure exterior. Water is provided to the stations by a general service pump in the pump room.

The engine room is equipped with a fixed CO2 fire suppression system with evacuation Delay/alarm.

Scope of Survey for Quarters Barge Taggatz

The survey shall concentrate on the vessel's condition, safety equipment and the safety of crew onboard. At a minimum 8-10 ultrasonic measurements would be taken with particular attention to locations where hull plate deterioration was expected to be most advanced. If paint is removed to conduct ultrasonic testing the contractor shall reapply coating. The survey is required to be conducted while the Quarters Barge is in a working mode per the US Army Corps of Engineers Safety and Health Requirement’s manual, EM385-1-1. Within two weeks of completion of the inspection the Marine surveyor shall have the completed report to the Government for evaluation. At a minimum the report shall include a narrative of the inspection, a map of ultrasonic test locations, photographs of areas inspected and a recommended course of action for deficiencies.

VESSEL OFFICIAL NUMBER

Quarters Barge “TAGGATZ”: Undocumented

DIMENSIONS & TONNAGES

Length: 160’ Gross: 1167 Breadth: 40’ Net: 350 Depth: 11’6”

OWNER/OPERATOR

U.S. Army Corp. of Engineers 431 No. Shore Drive Fountain City, WI 54629

CAPACITIES

Berths: 58 Potable Water: 10,000 gals Diesel Fuel: 10,000 gals

CONSTRUCTION DATE AND PLACE OF SERVICE

Launched – April 2008 Patti Shipyard Pensacola, Florida

The Quarters Barge Taggatz vessel is an ABS classed Maltese Cross A1 Accommodation Barge.

GENERAL DESCRIPTION

Non self-propelled quarter’s barge of all welded steel construction. The barge has a raked bow and stern, straight sides, flat bottom and is longitudinally framed. A two deck superstructure covers nearly the entire length and width of the barge and spud wells are located at the forward port and aft starboard sides.

Below deck, the barge is divided by four transverse and two longitudinal watertight bulkheads. The longitudinal bulkheads are located near the sides of the barge and extend from the bow rake to stern rake. Along the centerline, aft of the bow rake void, is a Stores/Exercise Room followed by a Generator Room and Aux. Machinery Room. At the outboard sides of the longitudinal bulkheads, void spaces enclose an Emergency Fire Pump Room, Grey Water Tanks, Potable Water Tanks, Diesel Fuel Tanks and Spud Winch Rooms.

The two level superstructures extending up above the barge main deck, encloses the living spaces. The main deck interior includes a Ship’s Office, Galley, Mess room and a few Staterooms. The second deck has a Lounge area and Laundry at the aft end, but otherwise consists of 2 and 4 person Staterooms. All second deck spaces are accessed via exterior doorways.

Access between the main deck and second deck is provided by exterior ladders situated at the forward and aft ends of the superstructure.

Electrical power is provided by two (2) twin 250 kW Caterpillar C9.3 ACERT generators, each driven by a 6 cylinder, electric started Caterpillar C9.3 diesel engine.

Heating onboard is all hot water radiator type, with hot water provided by two (2) Hurst, oil fired boilers.

The vessel is equipped with an Ansul Auto pulse IQ-301 system, with hard wired smoke detectors/alarms fitted to the overheads throughout the operational and living spaces. A heat detector is installed in the Generator Room.

The galley cooking appliances are protected with an automatic fixed Amerex foam fire suppression system. The cooking appliances are all arranged beneath the same ventilation trunk, within which are located thermal actuators for the system. The system has drop down nozzles which emit foam when a fire is detected. There is also a manual activation lever for the system located at the forward starboard side of the galley.

Twelve (16) 1 ½” fire water stations were observed on the exterior decks of the vessel, six each on the main and second deck. Additional stations were observed strategically located in the below deck watertight operational spaces.

The main fire pump is located in the vessel’s Generator Room, and consists of a 3” centrifugal pump, with local controls/instruments. The emergency diesel fire pump is located in the Emergency Fire pump room.

The vessel is fitted with a Siemens Sentinel Control system, with control/display panels located in the Ship’s office, Chief Engineer’s stateroom, Mess Room and Aux. Machinery Room. The panel has audible and visual alarms for fire detectors, bilge alarms, watertight doors and generator engines.

The vessel is provided with an ICP general communications system, with communication units located in primary operational spaces of the vessel. The system also functions as the loud speaker system. The loud speaker function was tested at the time of survey and found to function properly.

Inspection Dates:

Inspections shall occur between 1 May and 15 July (generally 1 – 15 May) unless other arrangements have been made and agreed to by the Contracting Officer.

Base Year: 1 May – 15 July, 2024 Option Year 1: 1 May – 15 July, 2025 Option Year 2: 1 May – 15 July, 2026 Option Year 3: 1 May – 15 July, 2027 Option Year 4: 1 May – 15 July, 2028

Reports shall be submitted no later than 14 days after on-site inspection is completed. No specific format has been identified for the reports, but copies of previous inspection reports for both vessels that were found to be acceptable are available for viewing. The photographic log shall be submitted with the report.

Vessel location:

The Dredge Goetz and Taggatz are normally moored for the winter at the U.S. Army Corps of Engineers facility at 431 North Shore Dr. Fountain City WI. 54629. If they are not moored for the winter at Fountain City, the Goetz and Taggatz will be moved upriver when the locks open, and remain in Fountain City until the start of the dredging season, approximately 15 May. Hours of operation while moored are 0700-1530 Monday – Friday, closed Holidays and weekends.

Technical Point of Contact:

Adam Loven 431 North Shore Dr Fountain City WI 54629 651-290-5141 (w) Adam.F.Loven@usace.army.mil

On site contact Brian Krause, Master 651-249-4973 Brian.M.Krause@usace.army.mil

Jon Miller, Chief Engineer 651-769-3801 Jon.M.Miller@usace.army.mil

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Dredge Goetz Annual Inspection - Base Yr

FFP

To be performed 1 May - 15 July 2024 FOB: Destination

PURCHASE REQUEST NUMBER: W81G6731939658

PSC CD: H119

NET AMT

0002 1 Job QB Taggatz Annual Inspection - Base Year

FFP

To be performed 1 May - 15 July 2024 FOB: Destination

PURCHASE REQUEST NUMBER: W81G6731939658

1001 1 Job OPTION Dredge Goetz Annual Inspection Opt Yr 1

FFP

To be performed 1 May - 15 July 2025 FOB: Destination

1002 1 Job OPTION QB Taggatz Annual Inspection - Opt Yr 1

FFP

To be performed 1 May - 15 July 2025

2001 1 Job OPTION Dredge Goetz Annual Inspection Opt Yr 2

FFP

To be performed 1 May - 15 July 2026

2002 1 Job OPTION QB Taggatz Annual Inspection - Opt Yr 2

FFP

To be performed 1 May - 15 July 2026

3001 1 Job OPTION Dredge Goetz Annual Inspection Opt Yr 3

FFP

To be performed 1 May - 15 July 2027

3002 1 Job OPTION QB Taggatz Annual Inspection - Opt Yr 3

FFP

To be performed 1 May - 15 July 2027

4001 1 Job OPTION Dredge Goetz Annual Inspection Opt Yr 4

FFP

To be performed 1 May - 15 July 2028

4002 1 Job OPTION QB Taggatz Annual Inspection - Opt Yr 4

FFP

To be performed 1 May - 15 July 2028

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-JAN-2024 TO

31-DEC-2024

N/A DREDGE - GOETZ

ADAM FREDE LOVEN

DREDGE GOETZ 431 NORTH SHORE

DRIVE

FOUNTAIN CITY WI 54629

651-290-5141

965605

0002 POP 01-JAN-2024 TO

31-DEC-2024

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 01-JAN-2025 TO

31-DEC-2025

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 01-JAN-2025 TO

31-DEC-2025

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-JAN-2026 TO

31-DEC-2026

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 01-JAN-2026 TO

31-DEC-2026

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 01-JAN-2027 TO

31-DEC-2027

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 01-JAN-2027 TO

31-DEC-2027

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 01-JAN-2028 TO

30-SEP-2028

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 01-JAN-2028 TO

30-SEP-2028

N/A (SAME AS PREVIOUS LOCATION)

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 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

MAR 2023

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

DEC 2022

52.217-5 Evaluation Of Options JUL 1990 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

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

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

JAN 2023

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

JAN 2023

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

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements JAN 2023 252.204-7022 Expediting Contract Closeout MAY 2021 252.225-7048 Export-Controlled Items JUN 2013 252.225-7055 Representation Regarding Business Operations with the

Maduro Regime

MAY 2022

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

JAN 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

(a) Definitions. As used in this provision-

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

(b) Prohibition.

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

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

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

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

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

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

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

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

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

i. Price

ii. Past Performance

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

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

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

COMMERCIAL SERVICES (DEC 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.

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

"Sensitive technology"--

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

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

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

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

"Service-disabled veteran-owned small business concern"--

(1) Means a small business concern--

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

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

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

"Small business concern"--

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

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

CFR 121.103.

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

"Women-owned 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.

(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 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, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and

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

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

___ 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) Certifications and 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 Subparts 60-1 and 60-2), or

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

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

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

(1) (i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that each domestic end product listed in paragraph (f)(3) of this provision contains a critical component.

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

(iii)…