W91RUS22R0083 0005 Conformed.pdf

SEE ADDENDUM

(No Collect Calls)

W91RUS22R0083 27-Apr-2022

b. TELEPHONE NUMBER

520-538-2926

8. OFFER DUE DATE/LOCAL TIME

09:00 AM 29 Jun 2022

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W91RUS9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

ALICIA KEAN

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

0011772206

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

ACC-APG

2133 CUSHING ST.

BLDG 61801

FORT HUACHUCA AZ 85613

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W5K9GS 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FORT DETRICK

JAY STRICKLAND

1422 SULTAN DRIVE

FORT DETRICK MD 21702

TEL: 301-619-7394 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$12,000,000

NAICS:

811213

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF40

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W91RUS22R0083

Section SF 30 - BLOCK 14 CONTINUATION PAGE

QUESTIONS AND ANSWERS

Questions and Answers

1. Question: In the solicitation for inspecting the tower at Fort Detrick, in Maryland, it only mentions inspecting the tower once a year. Is there a way to add a provision, either in our quote or on the solicitation, for additional inspections that could be required due to extreme weather at the tower site or other factors effecting the tower?

Answer: Only one inspection. If the Tower would have damage it would not be covered in the current PWS or salient. Fort Detrick would request a Break/fix requirement for the damage as one time on site.

2. Question: What is the process and time requirements to be permited onto the Army Base?

Answer: The contractor will come to the Visitor Control Center at Fort Detrick for vetting. Since they will NOT be entering any buildings, they will not need security clearances. No security preparation is needed in advance. The escorting group will meet the contractor at the Control Center. The contractors will be escorted to the towers. The escorting group will stay with the contractor while they do the work. When the work is complete, they would leave the post. The contractors will send a report later after a few days. A date and time would be set up by the escorting group.

Section SF 1449 - CONTINUATION SHEET

ADDENDUM

ADDENDUM

INSTRUCTIONS TO OFFEROR-COMMERCIAL ITEMS. PLEASE REVIEW

THOROUGHLY AND ENSURE ALL INSTRUCTIONS ARE FOLLOWED.

1. Please fill in (write/type) On the First Page of the Government 1449 Solicitation, Blocks 17a, 30a, 30b, 30c.

2. Fill in ALL Pricing and All Applicable TAXES on ALL Line Items (CLINs). Please TOTAL ALL CLINs, IN YOUR QUOTE to show an overall FINAL Price and include ALL shipping charges as FOB Destination. Attachment(s) to the SF 1449 please ensure your cost on the attachment matches your entry, if applicable.

When submitting your quote in response to this Request for Quote, the offeror shall provide their best pricing, including all discounts.

3. Include the delivery lead-time.

4. Provide the following information with your offer:

e. POC Name: __________________________________

f. POC Phone Number: _________________

g. POC E-Mail: ___________________________

5. The Government will award a Firm Fixed-Price contract resulting from this solicitation on a lowest-priced technically acceptable basis (considering the following two factors:

technical, and price.) All offerors shall be considered in terms of price, lowest to highest, and then the apparent lowest-priced offeror will be evaluated for acceptability under the technical and price factors. If the lowest-price offeror is evaluated as unacceptable, the acceptability of the next lowest-price offeror will be evaluated, continuing this process as necessary. The offer shall meet all terms and conditions of the solicitation and shall detail the offered solution in their quote or attach a data specification sheet.

6. Complete the Following Clauses (located below in the Contract Clauses).

a. FAR clause 52.212-3 “Offeror Representations and Certifications” Commercial Items. Section B of this clause still needs to be completed in its entirety and returned to the contracting office with your quote.

b. FAR Clause 52.204-26 “Covered Telecommunications Equipment or Services- Representation. Section B of this clause still needs to be completed in its entirety and returned to the contracting office with your quote.”

c. FAR Clause 52.204-24 “Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment Section B of this clause still needs to be completed in its entirety and returned to the contracting office with your quote.”

7. Quote/Proposal shall be sent electronically to alicia.a.kean.civ@army.mil not later than 09:00AM Local AZ time, on 29 June 2022.

8. Questions about the solicitation are to be directed through to alicia.a.kean.civ@army.mil. All Questions shall be submitted electronically via email before the 09:00AM Local AZ time on 27 June 2022.

Additional Information

1. Vendor invoicing shall not be submitted prior to proof of delivery that items have been Received.

2. Per DFARS 252.232-7003 Electronic Submission of Payment Requests, the vendor shall submit combination payment requests (invoice and receiving report) using Wide Area Work Flow (WAWF). Receipt and Acceptance (WAWF-RA) or other methods authorized by the Contracting Officer. Failure to comply could result in delayed payment.

3. Please provide a detailed breakdown or narrative of what is being provided to meet the requirement. Do not copy and paste the line item information from the RFQ to your bid as this could classify a bid unsuccessful in the technical evaluation process. We require detailed descriptive information on all bids.

4. Support Renewals – NO THIRD PARTIES WILL BE ACCEPTED.

5. ONLY THE CONTRACTING OFFICER (KO) CAN MAKE CHANGES TO THE

CONTRACT/DELIVERY ORDER/PURCHASE ORDER.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each FI-MUE Tower Annual Inspection

FFP

FI-MUE Tower Annual Inspection PoP: 7/8/2022-7/7/2023 FOB: Destination

PURCHASE REQUEST NUMBER: 0011772206

PSC CD: DE01

NET AMT

0002 1 Each OPTION FI-MUE Tower Annual Inspection

FFP

FI-MUE Tower Annual Inspection PoP: 7/8/2023-7/7/2024 FOB: Destination

0003 1 Each OPTION FI-MUE Tower Annual Inspection

FFP

FI-MUE Tower Annual Inspection PoP: 7/8/2024-7/7/2025

0004 1 Each OPTION FI-MUE Tower Annual Inspection

FFP

FI-MUE Tower Annual Inspection PoP: 7/8/2025-7/7/2026

0005 1 Each OPTION FI-MUE Tower Annual Inspection

FFP

FI-MUE Tower Annual Inspection PoP: 7/8/2026-7/7/2027

STATEMENT OF WORK

Statement of Work For Safety Inspections and Testing Analysis of

Communication Tower

1.0 Overview/General:

Contractor shall provide all material. Equipment, tools and labor to perform tower inspections on One (1) 150 foot, RF Tower at Building #1450 Fort Detrick Maryland. Tower has five (5) antennas. Tower shall be inspected in accordance with TIA/EIA 222-G criteria.

1.1 Personnel:

The contractor shall furnish the necessary personnel, materials, and tools to ensure the safety inspection and testing analysis are completed according to OSHA regulations. Personnel performing the inspections shall meet all TIA/EIA and OSHA and industry standards. All personnel climbing shall meet OSHA

1926.503 training requirements and be a certified climber. They shall also meet the OSHA requirements for the identification of fall hazards.

2.0 Scope:

2.1 Contractor shall perform an inspection of towers in accordance with TIA 222-G criteria and provide a written report in both hard copy and electronic PDF forms. The inspection shall address the following at a minimum (where applicable) for each tower:

2.2 Maintenance and Condition Assessment

A) Structure Condition

1) Damaged members (legs and bracing)

2) Loose members

3) Missing members

4) Climbing facilities, platforms, catwalks - all secure

5) Loose and/or missing bolts and/or nut locking devices

6) Visible cracks in welded connections

7) Pole flange and base plate cracks visible in base metal or at ends of plate

8) stiffeners (cracks in base metal may only be visible on the inside surface of a pole)

9) Record temperature, wind speed and direction, and other environmental conditions

B) Finish

1) Paint and/or galvanizing condition

2) Rust and/or corrosion condition including mounts and accessories

3) FAA or ICAO color marking conditions

4) Water collection in members (to be remedied, e.g., unplug drain holes, etc.)

C) Lighting

1) Conduit, junction boxes, and fasteners (weather tight and secure)

2) Drain and vent openings (unobstructed)

3) Wiring condition

4) Light lenses

5) Bulb condition

6) Controllers (functioning)

a. Flasher

b. Photo control

c. Alarms

D) Grounding

1) Connections

2) Corrosion

3) Lightning protection (secured to structure)

E) Antennas and Lines

1) Antenna condition

2) Mount and/or ice shield condition (bent, loose, and/or missing members)

3) Feed line condition (flanges, seals, dents, jacket damage, grounding, etc.)

4) Hanger condition (snap-ins, bolt on, kellum grips, etc.)

5) Secured to structure

F) Other appurtenances (walkways, platforms, sensors, floodlights, etc.)

1) Condition

2) Secured to structure

G) Insulator Condition

1) Cracking and chipping

2) Cleanliness of insulators

3) Spark gaps set properly

4) Isolation transformer condition

5) Bolts and connection secure

H) Guys

1) Strand condition (corrosion, breaks, nicks, kinks, etc.)

2) Guy Hardware Conditions

a. Turnbuckles or equivalent (secure and safety properly applied)

b. Cable thimbles properly in place (if required)

c. Service sleeves properly in place (if required)

d. Cable connectors (end fittings)

i. Cable clamps applied properly and bolts tight

ii. Wire serving properly applied

iii. No signs of slippage or damaged strands

iv. Preformed wraps- properly applied, fully wrapped, and sleeve in place

v. Poured sockets secure and showing no separation

vi. Shackles, bolts, pins and cotter pins secure and in good condition

3) Guy Tensions

4) Measure guy tensions

5) Record temperature, wind speed and wind direction

I) Concrete Foundations

1) Ground condition

a. Settlement, movement or earth cracks

b. Erosion

c. Site condition (standing water, drainage, trees, etc.)

2) Anchorage condition

a. Nuts and/or nut locking device (tightened)

b. Grout condition

c. Anchorages and/or anchor rod condition

3) Concrete condition

a. Cracking, spalling, or splitting

b. Chipped or broken concrete

c. Honeycombing

d. Low spots to collect moisture

J) Guyed Mast Anchors

1) Settlement, movement or earth cracks

2) Backfill heaped over concrete for water shedding

3) ANSI/TIA-222-G Addendum 1

4) Anchor rod condition below earth (Maintain required structural capacity of anchor during exploration. Attachment to temporary anchorage may be required)

5) Corrosion control measures (galvanizing, coating, concrete encasement, cathodic protection systems, etc.)

6) Anchor heads clear of earth

K) Structure Alignment

1) Structure Plumb and Twist

2.3 Field Mapping

2.3.1 Mapping of Appurtenances

The mapping of appurtenances shall provide sufficient dimensional data in order to calculate the effective projected area, weight and location of all appurtenances.

2.3.2 The mapping of appurtenances shall include, as a minimum:

A) Inventory of existing antennas: Elevation, antenna type and dimensions/model number, support mount and location, spacing and orientation on cross-section, and corresponding transmission line(s).

B) Inventory of other appurtenances (such as climbing ladders, platforms, etc.):

Elevation, appurtenance type and dimensions, location, spacing and orientation on cross-section.

C) A cross-section sketch locating and labeling the transmission lines (size and spacing) and showing the orientation of the lines and the structure with respect to North. For transmission lines in clusters: number of lines per row, number of rows, and separation between the lines, overall width and depth dimensions.

2.4 Condition Code

3.0 Requirements:

3.1 Within 30 days of inspection the contractor shall provide a written report in both hard copy and electronic PDF forms to [Sheila Brown, Sheila.a.brown@army.mil, Bldg. 810 Fort Detrick MD, 21702].

The report shall address the all items identified in section 2.0 above. The report shall include photographs and a brief narrative of the tower(s) and all discrepancies noted. Report shall also provide a condition code for each tower using the following criteria.

3.1.1 Condition Code.

(1) RED – Structural or safety problems causing risk of collapse or posing immediate danger to the tower climber or to people or equipment in the tower’s vicinity.

(2) AMBER – Structural problems, but no immediate danger of collapse. Safety problems, but no imminent danger to the tower climber or people/equipment below.

However, without routine sustainment maintenance, in seasonal weather conditions, amber towers may quickly deteriorate to red condition. Also, tower degradation is cumulative: Deferred maintenance increases danger, repair costs, and HAZMAT clean-up costs.

(3) GREEN – FMC and only minor repairs causing no structural or safety problems.

3.2 The Contractor shall conduct the safety inspections and testing, report findings, and provide suggestions to correct reported findings.

3.2.1. The safety inspections shall adhere to OSHA regulations for communication tower inspections and shall include: climbing the tower, documenting all occurrences of rust photographically, ensuring the security of the hardware by checking at least 20% of all hardware fixtures (if any of the hardware appears to be loose, the vendor shall check 100% of all hardware fixtures); checking the size of all steel; recording all readable makes and models on antennas; recording the type and number of lines on the tower; a report of all these findings will be reviewed and analyzed by an engineer and the results provided to the

NEC POC.

3.2.2. The meg tests shall include all ground leads, and the vendor shall create a report that informs the government what needs to be done in order to bring the towers’ grounding up to OSHA standards.

3.3 Should the contractor determine during the inspections that a safety hazard exists, it is imperative that the contractor communicates these hazards to the NEC POC immediately.

3.4 The contractor personnel must be qualified to perform the required inspections and tests, and be tower certified to a minimum of 200 feet. A copy of an active certificate must be on file with the NEC POC prior to beginning work.

3.5 Should the contractor determine during the inspections that there are inadequacies, he shall submit a preliminary cost estimate for the repair of those inadequacies.

4.0 Deliverables:

4.1 A copy of the contractor’s tower climbing certification.

4.2 Completed inspections report(s)

4.3 Tests and analyses thereof for one communication tower(s)

4.4 Report of all findings upon completion

4.4.1 Findings. The contractor will provide an inspection report addressing items in section

2.0 complete with a listing findings discovered during inspections. These findings will be listed by site. In the event the contractor has findings that cause any tower to fail inspection, the contractor will provide suggestions to repair those findings to bring the tower up to code. Meg test results will also be provided to the government.

4.4.2 Condition code of tower.

4.5 Miscellaneous reports as requested

4.6 A preliminary cost estimate to repair all negative findings that shall come as a result of this inspection and testing.

4.7 All data generated in the completion of this task shall be considered government records.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 08-JUL-2022 TO

07-JUL-2023

N/A FORT DETRICK

JAY STRICKLAND

1422 SULTAN DRIVE

FORT DETRICK MD 21702

301-619-7394

W5K9GS

0002 POP 08-JUL-2023 TO

07-JUL-2024

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 08-JUL-2024 TO

07-JUL-2025

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 08-JUL-2025 TO

07-JUL-2026

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 08-JUL-2026 TO

07-JUL-2027

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.204-7 System for Award Management OCT 2018 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities

NOV 2021

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

NOV 2021

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

NOV 2021

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

NOV 2021

52.219-8 Utilization of Small Business Concerns OCT 2018 52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2022 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-50 Combating Trafficking in Persons NOV 2021 52.223-15 Energy Efficiency in Energy-Consuming Products MAY 2020 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

52.243-1 Changes--Fixed Price AUG 1987 52.247-34 F.O.B. Destination NOV 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

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

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations

SEP 2019

252.225-7001 Buy American And Balance Of Payments Program-- Basic MAR 2022 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.247-7023 Alt II Transportation of Supplies by Sea (FEB 2019) Alternate II FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

(a) Definitions. As used in this provision-

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

(b) Prohibition.

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

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

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

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

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

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

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

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

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

(c) Representations.

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

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

52.209-11 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.

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

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

Award will be made on a lowest-priced technically acceptable basis (considering the following two factors: technical, and price.) All offerors shall be considered in terms of price, lowest to highest, and then the apparent lowest-priced offeror will be evaluated for acceptability under the technical and price factors. If the lowest-price offeror is evaluated as unacceptable, the acceptability of the next lowest-price offeror will be evaluated, continuing this process as necessary.

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

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

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

COMMERCIAL SERVICES (NOV 2021)

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. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except--

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”--

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

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

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

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

“Service-disabled veteran-owned small business concern”--

(1) Means a small business concern--

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

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

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

"Small business concern"--

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

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“Veteran-owned small business concern” means a small business concern--

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

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

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

“Women-owned small business concern” means a small business concern--

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or

(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.

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror

Representations and Certifications--Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern.

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

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

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ -.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

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

(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone…