Combined Synopsis-Solicitation_Lubell Speaker Purchase Final.pdf

W912HZ23R2770

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation and proposals are being requested.

Requisition Number W912HZ23R2770 is being issued as a request for proposal (RFP) with intent to award as a single contract. The solicitation document and incorporated provision and clauses are those in effect through Federal Acquisition Circular 2023-01. This requirement is set aside for small businesses under North American Industry Classification System (NAICS)

334310 with a Small Business Size Standard of 750 employees.

The US Army Corps of Engineers, Engineer Research and Development Center (ERDC) 3909

Halls Ferry Road, Vicksburg MS 39180-6199 has a requirement for sixteen (16) broadband acoustic transducer systems to be used as an acoustic deterrent system (ADS).

Quotes are due March 8 by 12:00 PM (Eastern Time Zone): Quotes must be provided in accordance with FAR 52.212-1. Quotes will be accepted by email only to:

crystal.e.north@usace.army.mil. For information concerning this solicitation contact Crystal

North via email at the above email address.

Please provide the following information with your Quote:

CONTRACTOR POINT OF CONTACT:

Title

Name

Office Number

E-Mail

UIE Number

Cage Code mailto:crystal.e.north@usace.army.mil

Background/Problem Description of Work

Aquatic nuisance species (ANS) are a national concern to the US Army Corps of Engineers

(USACE). Infrastructure, such as dams and locks, disrupt the movement of aquatic animals in general. Recently, national interest has grown on using USACE locks and dams as points to manage ANS movement. Invasive carp (IC) that have established themselves in the Mississippi

River basin, increasing the potential for IC to invade the Great Lakes waters. IC have negative effects on the ecology of the Mississippi River basin, consequently leading to social, biological, and economic impacts, which would be devastating to the Great Lakes communities, economy, and the environment.

The sole prevention of IC establishment from the Mississippi River into the Great Lakes rests on a single series of electric barriers located in the Chicago Area Waterway System (CAWS). As with most non-structural barriers (NSB), NSBs are not 100% effective. Additional deterrent and/or supplements systems to the electric barrier would greatly improve the efficacy of deterring IC movement into the Great Lakes through redundancy and ability to target life stages and motivation states of ANS.

Several AC deterrent technologies (i.e., electrical, carbon dioxide and sound) are under consideration to prevent these fishes from moving through Brandon Road Lock and Dam

(BRLD), a gateway to the upper Des Plaines River, Chicago Sanitary and Ship Canal, and the

Chicago River. The University of Minnesota (UMN) and US Geological Survey (USGS) have conducted laboratory and limited field tests using complex sound (broadband 50-23999 Hz) to examine sensory and behavioral changes of AC. Accordingly, regional biologists and the public have embraced the idea that the projection of underwater sound alone can specifically target AC, Item Number Quantity Item Unit Price Price

0001 16

1424HP Lubell (PRO) with wet mateable Subconn

MCBH3MSS $ $

0002 16 AC1224HP (PRO) bridging transformer box $ $

0003 16

Subconn MCIL3F/MCDLS-F on 380 foot 12/13 SOOW raw (not terminated) on bridging transformer end $ $

0004 - Option 16 Subconn MCBH3MSS $ $

Total Price $

Date

Answer Y__ N__

Final date an order must be placed in order to achieve the April 5, 2023 delivery date

I will be able to have optional items delivered within 30 days of exercised option, or if exercised at award, delivered NLT April 5, 2023 resulting in their avoidance and therefore non-use of locks as passage. Therefore, there is a need to develop a fish acoustics deterrent system (ADS).

ADS will be deployed at locks and in approach channels, a very difficult environment to ensonify. Transducers will have to tolerate navigation of large tow-barges propeller wash and cavitation, debris moving at a high force from vessels and the flushing lock, sediment loading and scouring, and only be maintained year every two to three years.

The following items are needed:

16 ct. 1424HP Lubell (PRO) with wet mateable Subconn MCBH3MSS

16 ct. AC1224HP (PRO) bridging transformer box

16 ct. Subconn MCIL3F/MCDLS-F on 380 foot 12/13 SOOW raw (not terminated) on bridging transformer end

Option:

16 ct. Subconn MCBH3MSS

Performance Requirements

Currently, ERDC is need of military grade transducers for performance testing to design acoustic arrays for USACE lock approach channels.

Speaker specification are as follows:

• Piezoelectric underwater acoustic transducer

• Test data on the speaker performance across a frequency range by sound pressure levels (dB 1 re μPa @ 1 m).

• Frequency range 200 Hz to greater than 8000 Hz, omni-directional

• Loudness greater than 170 dB across the frequency range of 200-8000 Hz

• Ability to be placed between 9-40 feet without compensation

• Wet contact, military grade connectors (i.e., Seacon connectors) MCIL3F // MCDLS-F // (PRO)

Subconn SOOW

• Speaker housing to withstand harsh environments (i.e., not pools) made of steel or cast iron

• Speaker housing to withstand corrosion (Mil-C-5541 specification) and with a secondary coating of

LINEX

• Housing capable of being placed in a cage without damage to adhering the cage to the speaker

• Speakers designed for continuous long-term playback when driven by 75-80 Vrms, no more than 14

Amps, and ability to be used with off the shelf amplifiers

• Cables that are a minimum of 75 feet without power compensation to ensure speakers can reach shore without added equipment needing to be placed in the lock channel; when appropriate have up to 700 feet with power compensation on the shoreline.

Details on overarching specification’s:

1) Piezoelectric underwater acoustic transducer: uses the piezoelectric effect for generating sound.

The initial mechanical motion is created by applying a voltage to a piezoelectric material, and this motion is typically converted into audible sound using diaphragms and resonators. Compared to other speaker designs piezoelectric speakers are relatively easy to drive; for example they can be connected directly to TTL outputs, although more complex drivers can give greater sound intensity.

Typically they operate well in the range of 1-5kHz and up to 100kHz in ultrasound applications.

2) Test data on the speaker performance across a frequency range by sound pressure levels (dB 1 re μPa @ 1 m): due to the use of the speakers for long-term installation at BRLD (and ERDC’s current testing of the equipment), the manufacturer should be able to provide basic test data on the speakers performance such as power consumption, transmit voltage across frequency, impedance magnitude across the frequencies, and sound pressure level across the frequency ranges.

3) Frequency range 200 Hz to greater than 8000 Hz, omni-directional: this is based discussions with and peer-reviewed literature on the hearing ranges of Asian carp. The speakers must be able to produce sound over this broad frequency range and do so with stability in the signal (i.e., at similar decibels).

4) Loudness greater than or 180 dB across the frequency range of 200-8000 Hz: this is based on

ERDC 2017 work for LRC in which we developed a detailed sound map of BRLD approach lock.

The speakers must be able to produce enough sound pressure (decibels) over 25 feet so that at 25 feet the perceived decibels is greater than 160 dB and do so with stability in the signal (i.e., at similar decibels).

5) Ability to be placed between 9-40 feet without compensation: USACE L19 approach channel is 9-

40 feet deep. The speakers will be placed on the bottom of the channel in a Soundbar.

6) Wet contact, military grade connectors (i.e., Seacon connectors): this will be needed for deployment of the speakers and the ability to hot-swap the speakers without a full deconstruction of the engineered channel. It also acts as a safety feature for staff in the area due the greater reduced potential for electrical shock. MCIL3F // MCDLS-F // (PRO) Subconn SOOW, specially to ensure proper fit with the current Lock 19 Soundbar equipment and soundbar manufacturing.

7) Speaker housing to withstand harsh environments (i.e., not pools) made of steel or cast iron: as mentioned the speakers will be places in an approach lock. Between the flushing water, debris from the river and vessels and prop wash, the speakers must be made of strong materials that can tolerate the approach channel conditions.

8) Speaker housing to withstand corrosion (Mil-C-5541 specification): this is a fairly common standard for underwater vessels.

9) Housing capable of being placed in a cage without damage to adhering the cage to the speaker.

10) Speakers designed for continuous long-term playback when driven by 75-80 Vrms, no more than

14 Amps, and ability to be used with off the shelf amplifiers.

11) Cables that are 300 feet without power compensation to ensure speakers can reach shore without added equipment needing to be placed in the lock channel; when appropriate have up to 700 feet with power compensation on the shoreline.

Delivery date required:

Base: Preferably before, but no later than April 5, 2023

Option: Within 30 days of option exercised, or with base items if exercised at award of base.

Shipment will be made to:

USACE-ERDC

3909 Halls Ferry Rd.

Bldg. 3270, Rm 1818

BASIS FOR AWARD

The Government intends to award one contract to the responsible offeror whose quote is responsive to the solicitation, technically acceptable, and is the lowest price.

In order for the quote to be technically acceptable it must:

Meet the listed performance requirements

Meet the details on overreaching specifications

Meet delivery requirements

Quote all five (5) line items

Each quote will be evaluated for technical acceptability and price.

Vendors should include the final date an order must be placed in order to achieve the required delivery date, and confirm whether or not they can meet the delivery timeline for options.

Applicable Clauses and Provisions

The following additional FAR/DFARS clauses and provisions are incorporated by reference and apply to this combined synopsis/solicitation:

FAR Clause 52.203-11, Clarification and Disclosure Regarding Payments to Influence Certain

Federal Transactions

FAR Clause 52.203-12, Limitations on Payments to Influence Certain Federal Transactions

FAR Provision 52.203-18, Contractor Employee Whistleblower Rights and Requirement to

Inform Employees of Whistleblower Rights

FAR Provision 52.204-7, System for Award Management

FAR Clause 52.204-13, System for Award Management Maintenance

FAR Provision 52.204-16 Commercial and Government Entity Code Reporting

FAR Provision 52.204-17, Ownership or Control of Offeror

FAR Clause 52.204-18, Commercial and Government Entity Code Maintenance

FAR Clause 52.204-19, Incorporation by Reference of Representations and Certifications

FAR Provision 52.204-22, Alternative Line Item Proposal

FAR Provision 52.207-1, Notice of Standard Competition

FAR Provision 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-

Representation

FAR Provision 52.212-1, Instructions to Offerors – Commercial Products and Commercial

Services

FAR Clause 52.212-4, Contract Terms and Conditions Commercial Products and Commercial

Services

FAR Clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or

Executive Orders Commercial Items

FAR Provision 52.215-1, Instructions to Offerors – Competitive Acquisition

FAR Provision 52.215-3, Request for Information or Solicitation for Planning Purposes

Trade Act, 52.225-13, Restrictions on Certain Foreign Purchases; 52.232-33, Payment by

Electronic Funds Transfer-System for Award Management; 520.247-64, Preference for Privately

Owned U.S.-Flag Commercial Vessels

FAR Clause 52.215-8, Order of Precedence – Uniform Contract Format

FAR Provision 52.217-4, Evaluation of Options Exercised at Time of Contract Award

FAR Clause 52.223-6, Drug-Free Workplace

FAR Provision 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction

Goals-Representation

FAR Provision 52.225-4, Buy American-Free Trade Agreements-Israeli Tract Act Certificate

FAR Provision 52.225-6, Trade Agreements Certificate

FAR Provision 52.225-25, Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-Representation and Certifications

FAR Clause 52.232-1, Payments

FAR Clause 52.232-8, Discounts for Prompt Payment

FAR Clause 52.232-11, Extras

FAR Clause 52.232-23, Assignment of Claims

FAR Clause 52.232-39, Unenforceability of Unauthorized Obligations

FAR Clause 52.232-40, Providing Accelerated Payments to Small Business Subcontractors

FAR Clause 52.233-1, Disputes

FAR Clause 52.233-3, Protest After Award

FAR Clause 52.233-4, Applicable Law for Breach of Contract Claim

FAR Clause 52.242-15, Stop Work Order

FAR Clause 52.243-1, Changes-Fixed-Price

FAR Clause 52.247-34, FOB Destination

FAR Clause 52.249-1, Termination for Convenience of the Government (Fixed-Price) (Short

Form)

DFARS Clause 252.203-7000, Termination for Convenience of the Government (Fixed-Price)

(Short form)

DFARS Clause 252.203-7002, Requirement to Inform Employees of Whistleblower Rights

DFARS Provision 252.203-7005, Representation Relating to Compensation of Former DoD

Officials

DFARS Clause 252.204-7003, Control of Government Personnel Work Product

DFARS Provision 252.204-7007, Alternate A, Annual Representations and Certifications

DFARS Clause 252.204-7015, Notice of Authorized Disclosure of Information for Litigation

Support

DFARS Provision 252.204-7016, Covered Defense Telecommunications Equipment or

Services—Representation

DFARS Provision 252.204-7017, Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services—Representation

DFARS Clause 252.204-7018, Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services

DFARS Clause 252.209-7004, Subcontracting with Firms that are Owned or Controlled by the

Government of a Country that is a State Sponsor of Terrorism

DFARS Clause 252.223-7004, Drug-Free Work Force

DFARS Clause 252.223-7008, Prohibition of Hexavalent Chromium

DFARS Clause 252.225-7012, Preference for Certain Domestic Commodities

DFARS Clause 252.225-7048, Export-Controlled Items

DFARS Clause 252.232-7003, Electronic Submission of Payment Requests and Receiving

Reports

DFARS Clause 252.232-7006, Wide Area Workflow Payment Instructions

DFARS Clause 252.232-7010, Levies on Contract Payments

DFARS Clause 252.232-7017, Accelerating Payments to Small Business Subcontractors-

Prohibition on Fees and Consideration

DFARS Clause 252.243-7001, Pricing of Contract Modifications

DFARS Clause 252.247-7023, Transportation of Supplies by Sea

The following additional FAR/DFARS clauses and provisions are incorporated by full text and apply to this combined synopsis/solicitation:

Offerors must include a completed copy of FAR Provision 52.204-20, Predecessor of Offeror, with its offer.

Predecessor of Offeror (Aug 2020)

(a) Definitions. As used in this provision–

Commercial and Government Entity (CAGE) code means–

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE)

Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization

(NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and

Government Entity (CAGE) Branch records and maintains in the CAGE master file.

This type of code is known as a NATO CAGE (NCAGE) code.

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

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.

(b) The Offeror represents that it □ is or □ is not a successor to a predecessor that held a

Federal contract or grant within the last three years.

(c) If the Offeror has indicated "is" in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: (or mark "Unknown").

Predecessor legal name: .

(Do not use a "doing business as" name).

(End of provision)

Offerors must include a completed copy of FAR Provision 52.204-24, Representation Regarding

Certain Telecommunications and Video Surveillance Services or Equipment with its offer.

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-https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3

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.

https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25

(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 https://www.sam.gov/ 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.

FAR Clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment

Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment (Nov 2021)

(a) Definitions. As used in this clause—

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or

ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National

Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part

774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations

(relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of

Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the

Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(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. The Contractor is prohibited from providing to the Government 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

https://www.acquisition.gov/far/4.2104#FAR_4_2104

(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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

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.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the

Contractor is notified of such by a subcontractor at any tier or by any other source, the

Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting

Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known);

brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that https://www.acquisition.gov/far/4.2104#FAR_4_2104 https://dibnet.dod.mil/ https://dibnet.dod.mil/ will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

Offerors must include a completed copy of FAR Provision 52.204-26, Covered

Telecommunications Equipment or Services-Representation, with its offer

Covered Telecommunications Equipment or Services-Representation (Oct 2020)

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

Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for

Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c) (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.

Offerors must include a completed copy of FAR Provision 52.209-11, Representation by

Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal

Law, with its offer

Representation by Corporations Regarding Delinquent Tax Liability or a

Felony Conviction under any Federal Law (Feb 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that–

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that–

(1) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

FAR Provision 52.212-2, Evaluation—Commercial Products and Commercial Services

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: technical acceptability and price.

Technical and past performance, when combined, are approximately equal to cost or price.

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

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

Offerors must include a completed copy of FAR Provision 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, with its offer

Offeror Representations and Certifications—Commercial Products and Commercial

Services (Dec 2022)

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.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.ecfr.gov/current/title-13/part-127 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.

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

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"—

Sensitive technology—

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

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

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

(2) Does not include information or informational materials the export of which the

President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the

International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

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

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

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

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13

CFR part 121 and size standards in this solicitation.

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

121.103.

Small disadvantaged business concern, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

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

124.105) by—

(i) One or more socially disadvantaged (as defined 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

$750,000 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 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 https://www.ecfr.gov/current/title-13/part-121 https://www.ecfr.gov/current/title-13/part-121

(2) Through another subsidiary of a parent corporation

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

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

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38

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

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

Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women

Women-owned small business concern means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at 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 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 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 http://www.sam.gov/ 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…