W912HY25RA0010 Combined Synopsis Solicitation.pdf

USACE Galveston District RFQ W912HY25RA0010

COMBINED SYNOPSIS/SOLICITATION

Security and Law Enforcement Services

W912HY25RA010

9/25/2025

This is a combined synopsis/solicitation for commercial services prepared in accordance with (IAW) the format in FAR Subpart 12.6 and FAR Part 13, as supplemented with additional information included in this notice.

This announcement constitutes that only solicitation/notice; proposal/responses are being requested and further written solicitation will not be issued. This solicitation will be posted to the SAM.gov website as a 100% Total Small Business Set Aside.

The U.S. Army Corp of Engineers (USACE), Galveston District is issuing this combined synopsis/solicitation as a Request for Proposal (RFP) under number W912HY25RA010 for Security and Law Enforcement Services and shall be used to reference any written proposal provided under this RFP.

This acquisition is a 100% Small Business Set-Aside and will utilize the North American Industry Classification System (NAICS) Code 561612 – Security Guards and Patrol Services with a size standard of $29.0 million and a PSC of R430 – Security Services

All prospective offerors must be registered in the System for Award Management (SAM) at www.sam.gov. Lack of SAM registration will make an offeror ineligible for award. NOTE: Offerors must qualify as a Small Business (SB) to be eligible for award; link to SBA, http://sba.gov.

The purpose of this combined synopsis and solicitation is for Security and Law Enforcement Services at USACE, Galveston District in accordance with the attached Performance Work Statement (PWS). The contract CLIN structure is detailed below

The contract CLIN structure is detailed below and shall be priced.

The price quotation spreadsheet shall be a separate document from the technical quotation and shall be submitted in Microsoft Excel 2007 or newer format via Attachment 4 – W912HY25RA0010. All formulas shall remain present in the spreadsheet for verification. The total size of each email (including all attachments) shall not exceed 20MB. It is the sole responsibility of the schedule contractor to ensure that the electronic files submitted are virus free and can be opened and read by the Government. Quotation submissions shall not be locked, encrypted, or otherwise contain barriers to opening. The Government is under no obligation to seek clarification regarding electronic quotation submissions if submissions cannot be opened or accessed. The Government reserves the right not to consider for award any quotation that does not adhere to the administrative requirements of this RFP.

http://sba.gov/ http://sba.gov/

Item No. Security and Law Enforcement Services Qty Unit Unit Price Amount 0001AA Guard Supervisor 12 Months -$ 0001AB Gate Guards 0600-1400 12 Months -$ 0001AC Roving Guards 0700-1400 12 Months -$ 0001AD Additional Roving / Gate Guards 12 Months -$ 0001AE Additional Roving Guards 1000-1800 12 Months -$ 0001AF Seasonal Guard 0800-1600 (Day) 14 Days -$ 0001AG Weekend Guard 15 Job -$ 0001 Base Year - Security and Law Enforcement Services 1 Job Total Amount -$ 1001AA Guard Supervisor 12 Months -$ 1001AB Gate Guards 0600-1400 12 Months -$ 1001AC Roving Guards 0700-1400 12 Months -$ 1001AD Additional Roving / Gate Guards 12 Months -$ 1001AE Additional Roving Guards 1000-1800 12 Months -$ 1001AF Seasonal Guard 0800-1600 (Day) 14 Days -$ 1001AG Weekend Guard 15 Job -$ 1001 Option Year 1 - Security and Law Enforcement Services 1 Job Total Amount -$ 2001AA Guard Supervisor 12 Months -$ 2001AB Gate Guards 0600-1400 12 Months -$ 2001AC Roving Guards 0700-1400 12 Months -$ 2001AD Additional Roving / Gate Guards 12 Months -$ 2001AE Additional Roving Guards 1000-1800 12 Months -$ 2001AF Seasonal Guard 0800-1600 (Day) 14 Days -$ 2001AG Weekend Guard 15 Job -$ 2001 Option Year 2 - Security and Law Enforcement Services 1 Job Total Amount -$ 3001AA Guard Supervisor 12 Months -$ 3001AB Gate Guards 0600-1400 12 Months -$ 3001AC Roving Guards 0700-1400 12 Months -$ 3001AD Additional Roving / Gate Guards 12 Months -$ 3001AE Additional Roving Guards 1000-1800 12 Months -$ 3001AF Seasonal Guard 0800-1600 (Day) 14 Days -$ 3001AG Weekend Guard 15 Job -$ 3001 Option Year 3 - Security and Law Enforcement Services 1 Job Total Amount -$ 4001AA Guard Supervisor 12 Months -$ 4001AB Gate Guards 0600-1400 12 Months -$ 4001AC Roving Guards 0700-1400 12 Months -$ 4001AD Additional Roving / Gate Guards 12 Months -$ 4001AE Additional Roving Guards 1000-1800 12 Months -$ 4001AF Seasonal Guard 0800-1600 (Day) 14 Days -$ 4001AG Weekend Guard 15 Job -$ 4001 Option Year 4 - Security and Law Enforcement Services 1 Job Total Amount -$ 5001AA Guard Supervisor 6 Months -$ 5001AB Gate Guards 0600-1400 6 Months -$ 5001AC Roving Guards 0700-1400 6 Months -$ 5001AD Additional Roving / Gate Guards 6 Months -$ 5001AE Additional Roving Guards 1000-1800 6 Months -$ 5001AF Seasonal Guard 0800-1600 (Day) 7 Days -$ 5001AG Weekend Guard 8 Job -$ 5001 Option to Extend Services six (6) months 1 Job Total Amount -$

USACE GALVESTON DISTRICT - SECURITY AND LAW ENFORCEMENT SERVICES

CLIN Pricing Worksheet

Services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 1001 Destination Government Destination Government 2001 Destination Government Destination Government 3001 Destination Government Destination Government 4001 Destination Government Destination Government 5001 Destination Government Destination Government

Performance

CLIN Period of Performance QTY Place of Performance DODAAC

12/1/2025 – 11/30/2026

USACE Galveston District 2000 Fort Point Rd Galveston, TX 77550

W912HY

12/1/2026 – 11/30/2027

1 USACE Galveston District

12/1/2027 – 11/30/2028

1 USACE Galveston District

12/1/2028 – 11/30/2029

1 USACE Galveston District

12/1/2029 – 11/30/2030

1 USACE Galveston District

12/1/2030 – 6/1/2030

1 USACE Galveston District

Notice to Offeror(s): The Government reserves the right to cancel this RFP, either before or after the closing date. In the event the Government cancels this RFP, the Government has no obligation to reimburse an offeror for any costs.

FAR Provision 52.212-1, Instruction to Offerors–Commercial Products and Commercial Services (Sep 2023), applies to this acquisition and is incorporated by reference. As prescribed in FAR 12.301(c), the following addendum is provided for this solicitation:

Addendum FAR 52.212-1, Instructions to Offerors– Commercial Products and Commercial Services:

NOTE: All headings in bold are referencing back to the basic provision 52.212-1.

To assure timely and equitable evaluation of the proposal, offerors must follow the instructions provided in FAR 52.212-1 and are required to meet all solicitation requirements, failure to meet a requirement may result in a proposal being ineligible for award. The government’s terms, conditions, and respective clauses contained within this solicitation are prescribed IAW the FAR and are not subject to conditionally proposed revisions or changes requested by offerors.

Paragraph (b); in addition to the required information provide the following with your proposal:

Subparagraph (1); Complete the CLIN structure provided above.

Subparagraph (2); All offerors must be registered and active in the System for Award Management (SAM) at https://www.sam.gov/portal/public/SAM/ at time of proposal submittal to be considered for award. Offerors must complete all necessary fill-ins and certifications in the on- line Representations and Certifications and return the provision Federal Acquisition Regulation (FAR) 52.212-3, Offeror Representations and Certifications – Commercial Items para (b) along with the proposal.

UEI Number/Cage Code: / Number of Employees/Total Yearly Revenue: _______/ ______________________

Subparagraph (3; Amendments - Offerors will acknowledge, sign and submit with their proposal all solicitation amendments.

PAST PERFORMANCE INFORMATION – The offeror shall provide Past Performance Point of Contact (PP POC) to the Contracting Officer and the Contract Specialist with their proposal. Offerors shall submit recent and relevant contact information for a maximum of two (2) references for Security and Law Enforcement Services.

a) To be considered recent, for a particular contract or combination of contracts, services must have been and/or are currently being provided at any time within the last three (3) years from the date of issuance of this solicitation.

b) To be considered relevant, offerors must have performed services similar to the services described in the PWS.

For each past performance POC, offerors must provide the following information to the contracting officer:

- Company/Division name/Contracting Agency/Customer Name

- Name, address, email, and phone number

- Description of service provided (to include items, quantities, locations)

- Contract number (if applicable)

- Contract value

- Period of performance http://www.sam.gov/portal/public/SAM/ http://www.sam.gov/portal/public/SAM/

Paragraph (c); The offeror agrees to hold the prices in its proposal firm for 90 calendar days from the date specified for receipt of proposals, unless another time period is specified in an addendum to the proposal.

Paragraph (d); proposal must be sent as stated below, if provided by any other method, incomplete, or missing required items may not be considered. If submitting via email, it is recommended a read/delivery receipt is attached to the email.

RFP due date/time: 9 October 2025 / 11:00 AM CT

Email RFP to: Steven Penland at Steven.D.Penland@usace.army.mil and Joycelyn Rodgers at Joycelyn.R.Rodgers@usace.army.mil

Beware, “.zip” files are not an acceptable format and will not go through government email systems. Emails over 10 MB in size will not come through the system.

Paragraph (e); Interchanges: The government intends to award a contract without Interchanges with respective offerors. The government, however, reserves the right to conduct Interchanges, with all, some, or none of the offerors, if deemed in its best interest.

FAR Provision 52.212-2, Evaluation- Commercial Products and Commercial Services. (2021-11)

(a) Pursuant to FAR 12.602 contract award will be made using Simplified Acquisition Procedures IAW FAR Part 13. The government will award a contract resulting from this RFP to the responsible offeror whose proposal, conforming to the RFP, will be most advantageous to the government, price and other factors considered. The following factors shall be used to evaluate proposals:

i. Price

ii. Technical Qualifications

iii. Past Performance

IAW FAR 12.602(a): When using the simplified acquisition procedures in Part 13, contracting officers are not required to describe the relative importance of evaluation factors.

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

b) The government intends issue a firm fixed price contract from this solicitation.

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

Note: The offeror acknowledges that should the proposal terms and conditions and/or agreement conflict with mandatory provisions of the Federal Acquisition Regulation (FAR) and other Federal law applicable to commercial acquisitions, to the extent of such conflict the FAR and Federal law govern and conflicting offeror terms and conditions and/or agreement are unenforceable and are not considered incorporated into any resultant contract.

FAR Provision 52.212-2, Evaluation- Commercial Products and Commercial Services (NOV 2021), applies to this acquisition. As prescribed in FAR 12.301(c), the following addendum is provided for this solicitation:

Addendum 52.212-2-Evaluation Commercial Products and Commercial Services

Basis for contract award: The government seeks to award to the offeror whose proposal, conforming to the solicitation and for which all non-price factors have been determined to be Satisfactory and is found by the Contracting Officer to be in the best interest of the Government. In order to be considered awardable, there must be a Satisfactory rating or higher for the non-price factor. The three (3) evaluation factors used to evaluate proposals are: Price, Technical Qualifications, and Past Performance.

Price Evaluation. The contracting officer has determined there is a high probability of adequate price competition in this acquisition. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists; offeror may be required to submit information to the extent necessary for the contracting officer to determine the reasonableness and affordability of the price.

The government will evaluate prices submitted for all Line Items. The government will check for unbalanced pricing. Each Line Item will be added together to arrive at a Total Evaluated Price (TEP). Failure to propose prices for all line items will render the proposal incomplete and potentially removed from further award consideration.

Offerors should propose the best pricing to the government for each item in arriving at the most competitive price. Price information submitted in each offeror’s price proposal, as required by the Addendum to FAR 52.212-1, Instructions to Offerors-Commercial Items, will be evaluated to determine if proposed prices are fair and reasonable IAW FAR 13.106-3. Unbalanced pricing may pose an unacceptable risk to the government and may be a reason to reject an offerors proposal.

Technical Qualifications. For Certification, each offeror’s proposal will be reviewed for evidence that the contractor understands and agrees to provide all of the services outlined in the performance work statement.

This criterion will be evaluated on a Go/No-Go basis.

Go:

The proposal includes valid and verifiable documentation demonstrating that the contractor understands and agrees to provide all services outlined in the performance work statement.

No-Go:

The proposal does not include sufficient or verifiable documentation to confirm that the contractor understands and agrees to provide all services outlined in the performance work statement.

Past Performance Evaluation. The Past Performance evaluation is an assessment of the offeror’s ability to meeting the solicitation requirements. Past Performance evaluation will include recent contracts performed by the contractor. To be considered recent, for a particular contract or combination of contracts, services must have been and/or are currently being provided at any time within the last three (3) years from the date of issuance of this solicitation. Contracts that are not considered recent will not be evaluated for relevancy. This evaluation will consider performance from predecessor companies, major subcontractors, teaming contractors or partners whose effort, as demonstrated in the proposal, will significantly influence performance, and will contribute to the overall past performance confidence rating.

The government will assign a relevancy rating for each recent past performance contract reference below.

Table 1. Past Performance Relevancy Ratings Method

Adjectival Rating Description

Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Somewhat Relevant Present/past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires.

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

All recent and relevant past performance contract references will be evaluated to determine how well the offeror performed on the prior contracts. This evaluation will result in an assessment of proposal to determine the highest past performance rating possible, see Table 2.

Table 2. Past Performance Confidence Assessment

Satisfactory Confidence Based on the offeror’s recent/relevant performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort.

Neutral Confidence No recent/relevant performance record is available, or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. The offeror may not be evaluated favorably or unfavorably on the factor of past performance.

Limited Confidence Based on the offeror’s recent/relevant performance record, the Government has a low expectation that the offeror will successfully perform the required effort.

No Confidence Based on the offeror’s recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.

NOTE: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance information rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance.

Therefore, the offeror shall be determined to have unknown (or “neutral”) past performance. The offeror will have an opportunity to respond to any overall unfavorable past performance, if not previously afforded the opportunity by the government (e.g. CPARS).

Sources of Past Performance. In addition to the Past Performance Questionnaires completed by the points of contact listed in the proposal, the government will also utilize data independently obtained from other government and commercial sources. These sources may include, but are not limited to, Contractor Performance Assessment Reporting System (CPARS), using all CAGE/DUNS numbers of your company, predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement or who are part of a partnership/joint venture or teaming agreement identified in the offerors proposal, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontracting Reporting System (eSRS), and any other known sources not provided by the offeror. However, subcontractor and predecessor company information will be considered only to the degree to which their work is relevant to the instant acquisition unless 13 C.F.R. 125.8(e) or 13 C.F.R. 125.2 apply.

Evaluation steps:

Step 1: The government will review all proposals for compliance. A compliant proposal consists of a proposal that meets the government’s requirements identified in the Instructions to Offerors. NOTE: Offerors must qualify as a Small Business (SB) in SAM.gov to be eligible for award.

Step 2: Rank all compliant proposal based upon offeror’s Total Evaluated Price (TEP) from lowest TEP to highest TEP.

Step 3: Evaluate lowest priced offeror’s Technical submission. If the lowest priced offeror is evaluated to have a “GO”, proceed to evaluate their past performance.

Step 4: Evaluate lowest price offeror’s past performance. If the lowest priced offer is evaluated to have a “Satisfactory” performance confidence assessment and is determined to be responsible, that offer represents the best value to the government, and the evaluation process stops at this point. Award will be made to that offeror without further consideration of any other proposal. If an offeror’s past performance rating is anything other than “Satisfactory”, that offeror will not be considered for award.

Step 5: In the event the government does not make an award pursuant to step 4 above, the government will evaluate the next lowest priced offeror, and the process will continue (in order of price) until a proposal is judged to have a “GO” rating for the technical submission and a “Satisfactory” performance confidence assessment rating or until all offerors are evaluated. An integrated best value award decision will be made considering price, technical, and past performance confidence and the government reserves the right to award a contract to other than the lowest priced offeror.

INTERCHANGES – Interchanges with one or more offeror(s) may be used during the evaluation process to facilitate understanding and/or clarify aspects of an offeror’s proposal. The government intends to award a contract without interchanges with respective offerors. The government, however, reserves the right to conduct interchanges if deemed in its best interest.

Assumptions, Conditions & Exceptions

NOTE: Any exception to the solicitation may render a proposal unacceptable.

If your company takes exception to any of the requirement of the PWS or terms/conditions of this solicitation, they must be clearly identified in your proposal. These will be reviewed for potential impact on your ability to successfully meet the government’s requirements. Any assumptions, conditions or exceptions which may negatively impact successful performance of this requirement could render the proposal ineligible for award.

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (1998-02)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quote or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quote or offer.

Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov

(End of Provision)

52.252-2 Clauses Incorporated by Reference. (1998-02)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov

52.252-5 Authorized Deviations in Provisions. (2020-11)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any FAR and DFARS (48 CFR _Chapter 99) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

52.252-6 Authorized Deviations in Clauses. (2020-11)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter1) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the date of the clause.

(b) The use in this solicitation or contract of any FAR and DFARS. (48 CFR _Chapter 99) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the name of the regulation. (End of clause)

PROVISIONS/CLAUSES INCORPORATED BY REFERENCE

CLAUSE NO. CLAUSE TITLE DATE

52.203-12 Limitation on Payments to Influence Certain Federal

Transactions 2020-06

52.204-7 System for Award Management. 2024-11

52.204-13 System for Award Management Maintenance. 2018-10

52.204-16 Commercial and Government Entity Code Reporting. 2020-08

52.204-18 Commercial and Government Entity Code Maintenance. 2020-08

52.204-19 Incorporation by Reference of Representations and Certifications

2014-12

52.204-22 Alternative Line Item Proposal 2017-01 http://www.acquisition.gov/ http://www.acquisition.gov/ http://www.acquisition.gov/ http://www.acquisition.gov/

52.204-29 Federal Acquisition Supply Chain Security Act Orders— Representation and Disclosures.

2023-12

52.212-1 Instructions to Offerors-Commercial Items. 2023-09

52.212-4 Contract Terms and Conditions-Commercial Items. 2023-11

52.223-5 Pollution Prevention and Right-To- Know Information 2024-05

52.232-39 Unenforceability of Unauthorized Obligations 2013-06

52.237-1 Site Visit 1984-04

52.237-2 Protection of Government Buildings, Equipment, and Vegetation.

1984-04

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

2011-09

252.203-7002 Requirement to Inform Employees of Whistleblower Rights.

2022-12

252.203-7005 Representation Relating to Compensation of Former DoD Officials.

2022-09

252.204-7003 Control of Government Personnel Work Product. 1992-04

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls

2016-10

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

2023-01

252.204-7014 Limitations on the Use or Disclosure of Information by Litigation Support Contractors

2023-01

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

2023-01

252.204-7016 Covered Defense Telecommunications Equipment or Services Representation

2019-12

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

2023-01

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements

2022-03

252.204-7020 NIST SP 800-171 DoD Assessment Requirements 2023-01

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.

2023-01

252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials.

2014-09

252.223-7008 Prohibition of Hexavalent Chromium 2023-01

252.225-7001 Buy American and Balance of Payments Program--Basic 2024-02

252.225-7002 Qualifying Country Sources as Subcontractors. 2022-03

252.225-7048 Export-Controlled Items. 2013-06

252.225-7055 Representation Regarding Business Operations with the Maduro Regime

2022-05

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

2023-01

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

2023-06

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

2023-06

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

2018-12

252.232-7010 Levies on Contract Payments. 2006-12

252.232-7011 Payments in Support of Emergencies and Contingency Operations

2013-05

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

2023-01

252.243-7001 Pricing of Contract Modifications. 1991-12

252.244-7000 Subcontracts For Commercial Items 2023-11

252.247-7023 Transportation of Supplies by Sea 2023-01

PROVISIONS/CLAUSES INCORPORATED BY FULL TEXT

52.204-24 Representation Regarding Certain Telecommunications and (2021-11) Video Surveillance Services or Equipment

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 or 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) Representation. The Offeror represents that—

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

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

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

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

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

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

and

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

(ii) For covered services—

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

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

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

(i) For covered equipment—

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

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

and

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

(ii) For covered services—

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

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

52.204-26 Covered Telecommunications Equipment or Services-Representation (2020-10)

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

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

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

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

(End of provision)

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (MAR 2025) (DEVIATION 2025-O0003)

Offeror Representations and Certifications—Commercial Products and Commercial Services (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.

https://www.sam.gov/ https://www.sam.gov/ https://www.sam.gov/ https://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300 https://www.ecfr.gov/current/title-13/section-127.300 https://www.ecfr.gov/current/title-13/section-127.300

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. 110174).

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;

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_204_25

(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"—

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 servicedisabled 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 https://www.acquisition.gov/far/part-19#FAR_Subpart_19_14 https://www.acquisition.gov/far/part-19#FAR_Subpart_19_14 https://www.acquisition.gov/far/part-19#FAR_Subpart_19_14 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim

(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 at13 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 CFR124.104(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 https://www.ecfr.gov/current/title-13/part-121 https://www.ecfr.gov/current/title-13/part-121 https://www.ecfr.gov/current/title-13/part-121

(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 least51 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 thirdparty 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…