W912ES25Q0030 RFQ for Gull Lake Interpretive Panels.pdf
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- Solicitation number
- W912ES25Q0030
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This is a Request for Quotation (RFQ) issued by the U.S. Army Corps of Engineers St. Paul District for six outdoor interpretive panels to be installed at the Gull Lake Recreation Area near Brainerd, Minnesota. The panels will cover topics including tribal history, USACE history, engineering operations, and environmental stewardship, with specific panels incorporating Dakota and Anishinaabe language translations alongside English text. Previous signage was removed at tribal representatives' request due to inaccurate information and proximity to sensitive areas.
The solicitation is a 100% small business set-aside under NAICS 541430 with a $9,000,000 size standard. Quotes are due by January 31, 2025 at 11:00 AM local time. The contractor must deliver draft designs within 90 days of award, with final panels and all installation materials due by September 12, 2025. Evaluation factors include feasibility of language interpretation plan, recent relevant performance, price, and past performance, with language interpretation and performance deemed more important than price. No more than 40% of the contract value may be allocated to drafts. The panels must be weatherproof, designed to last 10 years, and mounted on 45-degree podium-style holders with double posts.
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| W912ES25Q0030 SOW Enclosures 1 and 2.pdf |
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SEE ADDENDUM
(No Collect Calls)
W912ES25Q0030 08-Jan-2025
b. TELEPHONE NUMBER
651-290-5614
8. OFFER DUE DATE/LOCAL TIME
11:00 AM 31 Jan 2025
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 X 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
1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X
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
W81G6741313365
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 966603 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
GULL LAKE
BRIAN TURNER
10867 E GULL LAKE DR. NW
BRAINERD MN 56401-9051
TEL: 651-290-5771 FAX:
FAX:
TEL: 651-290-5414 SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$9,000,000
NAICS:
541430
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 OF50
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.
W912ES25Q0030
Section SF 1449 - CONTINUATION SHEET
NOTES TO OFFEROR
PLEASE E-MAIL ALL QUESTIONS to John Riederer, Contract Specialist, John.P.Riederer@usace.army.mil at least two business days prior to solicitation close to allow response time.
This is a 100% Small Business Set-Aside solicitation.
NAICS Code: 541430 Size Standard: $9,000,000 average annual revenues
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 SAM.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).
As stated in Provision 52.212-2, Offers will be Evaluated on a Best Value to the Government Basis using the following factors:
Feasability of plan for achieving accurate and culturally sensitive interpretation of Dakota and Anishinaabe languages and experiences. If using native speakers to provide these translation services, please provide references/contact information.
Recent and relevent performance on similar projects Price Past Performance
Please see provision 52.212-2 for information about how offers will be evaluated.
Offers with unbalanced pricing will be rejected. No more than 40% of the contract amount may be allocated to the drafts.
STATEMENT OF WORK
SCOPE OF WORK FOR EDUCATIONAL SIGNAGE,
U.S. ARMY CORPS OF ENGINEERS – GULL LAKE RECREATION AREA
BRAINERD, MINNESOTA
GENERAL DESCRIPTION OF WORK
The purpose of this Scope of Work (SOW) is to describe services required to support the U.S.
Army Corps of Engineers, St. Paul District (USACE). This SOW addresses the development of six (6) outdoor interpretive panels across the Gull Lake Recreation Area (GLRA), near Brainerd, Minnesota (Enclosure 1). Panels will cover different USACE topics and multiple topics could be included on one panel.
Background: Tribal representatives requested that previous interpretive signage be removed due to the proximity to sensitive/sacred areas and inaccurate information, and requested new signs focus on tribal way of life versus the burial mounds located in the area. New signage shall highlight the important historical/cultural areas and other significant features located on the project. The new signs shall be used to better communicate the tribal way of life and increase awareness and protection of all project resources.
Thematic interpretive panels will include topics as guided by the following general theme:
Gull Lake Recreation Area is a diverse site where people, engineering, and nature continue to define its rich history.
Topics with possible examples (but not limited to):
People o Tribal history o USACE history at GLRA site
Engineering (Operations) o Dam construction story o Dam operations today
Nature (Environmental Stewardship) o Wildlife that call the Gull River channel home through the seasons o Rusty patched bumble bee, an endangered species found at GLRA, pollinator restoration o Wildlife inventory findings completed at GLRA o River fish; life cycle of walleye on the Gull River
1.0 SCOPE
The Contractor will provide services to design, fabricate, and deliver a collection of interpretive panels for the GLRA. Text and information will be created from approved websites and histories, and the drafts of each panel will be reviewed and approved by the District POC (Section 6.0).
Panels are to include posts and associated installation materials (e.g., bolts, mounting brackets, etc.) to be ready for installation.
Contractor will provide electronic versions of the panel content in a format that will allow the Government to re-create the panels in the event the panels become unfit for display (e.g. worn, damaged, vandalized).
Contractor will provide electronic versions of the panel content in a format that may be displayed on an electronic kiosk in the GLRA Information Building. Content should be identical and interactivity is not required or desired.
2.0 DESCRIPTION OF SERVICES
The Contractor shall complete six exterior signs for the GLRA. Potential approximate locations of the signs are provided on Enclosure 1. The layout of the recreation area is provided within the Virtual Tour (see Gull Lake portion of Enclosure 2) included as an attachment to this SOW.
The size of each sign may vary depending on content, however, largest signs shall not exceed 24x60 inches. Signs shall be comprised of outdoor materials to withstand fading and a variety of weather conditions (i.e., rain, snow, ice, and a variety of cold and hot temperatures) and be on a 45-degree podium style sign holder (double post) inserted into the ground approximately 2-3 feet in depth. The signs should be comprised of materials to last for 10 years outside. Signs shall follow general standards established with existing sign content within the USACE which will be provided to Contractor by the District POC.
Panels shall be designed with Tilden’s Principles of Interpretation in mind and include the usage and linking of tangibles and intangibles. Information present shall be concise, simple, and straightforward. Refrain from a “book on a wall” approach. Casual visitors shall be able to understand the concepts being communicated without having to look at every element. At the same time, the subject matter shall be covered in sufficient depth to satisfy the visitor who has more than a casual interest. Refer to the 3-30-3 rule.
Design theme for all panels shall be uniform and relate to one another visually. Content should be written at grades six through eight reading levels. Media shall utilize basic good design criteria, avoiding faddish design, illustration styles, or graphics that may appear outdated within a short period of time.
The District POC will have final say and approval on all design aspects including letter type and sizing, colors, exhibit materials, etc.
Applicable panel(s) will have a bi and/or tri-lingual Tribal information component with incorporation of Dakota and Anishinaabe languages. Panels specific to tribal history and way of life will have a larger section of these translations alongside the English text. At a minimum, panels may have one word or phrase translated into Dakota and/or Anishinaabe languages. This translation should appear at the same location on the panels and have the same colors and type to create unity between the panels.
For each graphic, ensure it is a high quality, clear image with at least 300 ppi resolution or better.
Determine if it is necessary to acquire use rights for each graphic. Acquire one-time use rights on behalf of the government for all graphics which legally require such permission, and pay the fees required for such rights. Provide to the District POC all documentation demonstrating that rights have been secured.
Work shall commence upon award of the contract.
2.1 Pre-Work Meeting: The Contractor shall arrange for a kick-off meeting with the technical points of contact (POCs) listed below (Section 6.0) within 15 days of task order award. No onsite is anticipated in connection to this SOW. It is recommended the Contractor utilize the attached Enclosure 2 of the GLRA to become familiar with the physical site. The kickoff meeting will occur during the Monday-Friday work week. The Contractor shall be prepared to discuss any background information or logistical support required from the Technical POCs and ask any questions relevant to the tasks identified below. The Contractor shall provide a tentative schedule within one week of the meeting date.
The Contractor shall be responsible for coordinating meetings and access to project data with the POCs.
2.2 Design Drafts: Create plans based primarily on content provided by the Technical POCs for each outdoor interpretive panel and provide draft text and layout examples. Content will be obtained from https://www.mvp.usace.army.mil/ website, be provided by Technical POCs, or may be provided through research by the contractor. If content is provided by the Contractor, it must be approved by the District POC. Where appropriate, panels may contain a QR code linked to the District website at the web address provided above. If a QR code is added, ensure the code is generated from a safe site with no expiration to the link usage.
Drafts should be provided to the District POC within 90 days of award. The District POC will have comments and edits returned to the Contractor within 15 days of receiving the drafts.
Contractor will then have 15 days to return the revised drafts back to the District POC.
2.3 Design Drafts Review by Tribal Historic Preservation Office (THPO): Once the Contractor returns the revised drafts and the District POC accepts the revised draft, the District POC will share components of the revised draft (i.e., history, Tribal) with THPOs for their review and comment. THPOs will have 30 days to review the draft interpretive panels and offer any comments or edits they may have. The District POC will consolidate all comments and edits received and will return them to the Contractor.
2.4 Final Drafts: Upon receipt of comments, the Contractor will have 15 days to incorporate the changes and send back to the District POC for final approval before sending the data for fabrication. Signs and all installation parts will be sent directly to the GLRA.
The electronic version of the final design of the outdoor interpretive panel shall be sent to District POC Brian Turner via e-mail or secure file transfer website (DoD Safe).
2.5 Deliverables: A deliverable is a specific measurable, tangible, and verifiable activity, outcome, result, item, or product that the Contractor shall provide and that will require formal Government acceptance and approval. Deliverables under this task order include the following.
(a) Design drafts for six outdoor panels, delivered via secure file transfer website to District
POC within 90 days of contract award.
(b) Six completed outdoor panels documenting the GLRA content delivered on or before
September 12, 2025 by the Contractor to the Gull Lake Recreation Area: 10867 East Gull Lake Drive, Brainerd, MN 56401. Panels shall include all hardware required for installation (brackets, posts, bolts, etc.)
(c) All final digital files to be delivered via secure file transfer website to the District POC on or before September 12, 2025.
2.6 Travel: Travel by contractor is not anticipated under this contract. Any site visits will be at the Contractor’s expense. The Government will not guaranty any special accommodations if a visit should occur, but would appreciate as much advance notice as possible.
2.7 Safety: The Contractor shall maintain a safe working environment as outlined by EM 385-1- 1 and other applicable laws.
3.0 CONTRACT MODIFICATION
All modifications to the contract will be bilateral and in writing. Only a warranted U.S. Army Corps of Engineers Contracting Officer has the authority to authorize modifications to the contract.
4.0 GOVERNMENT FURNISHED PROPERTY
4.1 The Contractor shall supply the necessary labor, supervision, transportation, equipment, and supplies, except as provided herein as Government furnished property. All material, reports, drawings, maps, photographs, notes, and any other documentation or product developed in the performance of this SOW shall be and will remain the sole property of the Government and may be used on other work without additional compensation to the Contractor performing the work.
The Contractor shall agree to furnish and provide access to all retained materials at the request of the Government’s Technical POCs.
4.2 The Government will make available to the Contractor its most current information and may furnish some or all of the following items to the Contractor: informational content, maps, drawings, and aerial photographs, in electronic copy. These sources of information are to be considered, and treated, as Government property and may not be duplicated or released unless so directed by the USACE. Further, no Government information will be used or published without the express consent of the Government. The Contractor shall not release or allow access to this information outside of the Government officials.
5.0 PAYMENTS AND INVOICES
Invoices should be emailed to the following address: Brian.W.Turner@usace.army.mil
6.0 TECHNICAL POCs
John Riederer Contracting Specialist John.P.Riederer@usace.army.mil 651-290-5614
Kenneth Eshom Contracting Officer (KO) Kenneth.J.Eshom@usace.army.mil 651-290-5291
Brian Turner (District/GLRA POC) brian.w.turner@usace.army.mil Office: 651-290-5771 Cell: 651-341-0231
Corrine Hodapp (GLRA POC) Corrine.K.Hodapp@usace.army.mil 218-260-0726
Nicole Voit (GLRA POC) nicole.l.baker@usace.army.mil 651-290-5770
Enclosure 2 https://corpslakes.erdc.dren.mil/visitors/virtual/headwaters/tour.html Follow the link and click on Gull Lake Recreation Area.
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 6 Each Interpretive Sign Design Drafts
FFP
FOB: Destination
PURCHASE REQUEST NUMBER: W81G6741313365
PSC CD: 9905
NET AMT
0002 6 Each Complete Outdoor Panels
FFP
Outdoor Interpretive Panels with all mounting hardware required for installation (brackets, posts, bolts, etc.)
FOB: Destination
0003 6 Each Digital Files of Panel Content
FFP
Final digital files of Interpretive Display Panel Content (including all image rights agreements) to be delivered via secure file transfer website to District POC FOB: Destination
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 N/A N/A N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 90 dys. ADC 6 GULL LAKE
BRIAN TURNER
10867 E GULL LAKE DR. NW
BRAINERD MN 56401-9051
651-290-5771 FOB: Destination
966603
0002 12-SEP-2025 6 (SAME AS PREVIOUS LOCATION)
0003 12-SEP-2025 6 (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities APR 1984 52.204-7 System for Award Management NOV 2024 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
SEP 2023
52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services
NOV 2023
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
252.203-7005 Representation Relating to Compensation of Former DoD Officials
SEP 2022
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
JAN 2023
252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation
DEC 2019
252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation
MAY 2021
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
JAN 2023
252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023
252.225-7055 Representation Regarding Business Operations with the Maduro Regime
MAY 2022
252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime
JAN 2023
252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region - Representation
JUN 2023
252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region
JUN 2023
252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial
Services
NOV 2023
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:
Feasability of plan for achieving accurate and culturally sensitive interpretation of Dakota and Anishinaabe languages and experiences.
Recent and relevent performance on similar projects Price Past Performance on Federal Contracts
Language interpretation plan feasability and recent and relevent performance on similar projects, when combined, are more important than price.
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (MAY 2024) ALTERNATE I (FEB 2024)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.
(a) Definitions. As used in this provision --
"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
"Forced or indentured child labor" means all work or service-
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
"Inverted domestic corporation" means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except--
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.
"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
"Sensitive technology"--
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
"Service-disabled veteran-owned small business (SDVOSB) concern" means a small business concern--
(1)(i) Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or
(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).
(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.
"Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program" means an SDVOSB concern that--
(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or
(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.
"Service-disabled veteran-owned small business (SDVOSB) Program" means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.
"Small business concern"--
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13
CFR 121.103.
"Small disadvantaged business concern, consistent with 13 CFR 124.1001", means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
"Subsidiary" means an entity in which more than 50 percent of the entity is owned--
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
"Veteran-owned small business concern" means a small business concern--
(1) Not less than 51 percent of which is owned and controlled by one or more veterans (as defined at 38 U.S.C.
101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
"Women-owned small business concern" means a small business concern--
(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.
(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___
[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that--
(i) It [ ___ ] is, [ ___ ] is not a small business concern; or
(ii) It [ ___ ] is, [ ___ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ ]
(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.
(3) SDVOSB concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents that it [ ___ ] is, [ ___ ] is not an SDVOSB concern.
(4) SDVOSB concern joint venture eligible under the SDVOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [Complete only if the offeror represented itself as an SDVOSB concern in paragraph (c)(3) of this provision.] [The offeror shall enter the name and unique entity identifier of each party to the joint venture:
(5) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ ___ ] is, [ ___ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1001.
(6) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.
(7) WOSB joint venture eligible under the WOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]
(8) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c).
[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]
Note to paragraphs (c)(9) and (10): Complete paragraphs (c)(9) and (10) only if this solicitation is expected to exceed the simplified acquisition threshold.
(9) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.
(10) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: _________
(11) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--
(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and
(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.
(12) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(5) 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) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).
(iv) The terms "commercially available off-the-shelf (COTS) item," "critical component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."
(2) Foreign End Products:
Line Item No. Country of origin Exceeds 55% domestic content (yes/no)
[List as necessary]
(3)…
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