0. Solicitation #47PC0220R0019 - Champlain Lobby Project (1).pdf

GSA Solicitation No. 47PC0220R0019

Construction Contract for: Champlain Passenger Admin Area Lobby - U.S. Customs and Border Protection (CBP)

The Solicitation

Document: C201-SB GC/AUGUST 2019 (The Solicitation) Page 1 of 29

Table of Contents

General Information 3

Proposals 6

Proposal Submission Requirements: 9

General Provisions 9

FAR / GSAR Solicitation Provisions 12

FAR 52.216-1 Type of Contract (APR 84) 12

FAR 52.222-5 Construction Wage Rate Requirements—Secondary Site of the Work

(MAY 14) 12

Instructions and Clauses 14

(The Solicitation) Page 2 of 29

I. General Information

A. The Solicitation and Contract

1. This Solicitation is set-aside for Small Businesses in accordance with FAR

19. This Solicitation sets forth requirements for proposals for a Contract to construct the Project described in the attached Agreement. Proposals conforming to the Solicitation requirements will be evaluated in accordance with the Method of Award set forth herein. The Government will award the Contract to the selected Offeror, subject to the conditions set forth herein.

2. Neither the Solicitation nor any part of an Offeror's proposal shall be part of the Contract except to the extent expressly incorporated therein by the Contracting Officer.

3. The Offeror's proposal submitted in response to this Solicitation shall constitute a firm offer. No contract shall be formed unless and until the Contracting Officer has countersigned the SF 1442 submitted by an Offeror, and delivered to the Contractor a copy of the SF 1442 with original signatures together with the Agreement reflecting the Offeror's proposed prices.

B. Project Description:

1. The General Services Administration, Region 2, Public Buildings Service, is issuing a Request for Proposal (RFP) # 47PC0220R0019, to furnish all materials, equipment, labor, and supervision to perform all work described by the contract documents including drawings and specifications for the “Champlain Passenger Administration Area Modifications Project” for U.S.

Customs and Border Protection (CBP).

2. The work primarily consists of, but not limited to furnish, and installation of all work and labor required by the contract documents to renovate a portion of the first floor of the existing passenger admin building at the Land Port of Entry in Champlain NY. This is an interior renovation project, and includes but is not limited to finish work, ballistic protections, electrical work, minor mechanical work, limited fire protection work, and temporary facilities.

3. Total project area is approximately 5,400 SF. The renovated area will also include practical elements to support the security and work function and access of the US District Court and Marshals Services. Additionally technology, data and security infrastructure work will be required. The construction site is located at the Champlain LPOE, 237 W Service Road, Champlain, NY 12919.

4. Work for this Project will require (please see ATTACHMENT A: Scope of Work (SOW) for a full description of the work):

(The Solicitation) Page 3 of 29

a) Installation of temporary facilities for the client Agency, Customs and Border Protection (CBP).

b) Demolition of the existing Admin Area

c) Construction of the New Facility

d) Removal of the Temporary Facilities

C. Estimated Price Range

The estimated price range for the Project is between $1 million and $5 million.

D. Authorized Representatives

The following individuals are designated as the authorized GSA representatives under this Solicitation:

1. Contracting Officer:

Bernadette Archie 1 World Trade Center New York, NY 10007 (Desk) 212-264-9439 (Cell) 917-696-2792 Bernadette.Archie@gsa.gov

2. Contract Specialist:

Matthew Sbordone 1 World Trade Center New York, NY 10007 (Desk) 212-264-3518 (Cell) 347-735-1298 Matthew.Sbordone@gsa.gov

3. Project Manager:

Thomas Lucas

(518) 360-9806 Thomas.lucas@gsa.gov

4. Property Manager(s):

Normand Gauthier, Property Manager

(518) 298-3264 normand.gauthier@gsa.gov

Burton Weatherly, Property Manager

(518) 298-3264 burton.weatherly@gsa.gov

5. CBP Property Manager:

(The Solicitation) Page 4 of 29 mailto:Bernadette.Archie@gsa.gov mailto:Matthew.Sbordone@gsa.gov mailto:Thomas.lucas@gsa.gov mailto:normand.gauthier@gsa.gov mailto:burton.weatherly@gsa.gov

Carlo A. DiRienzo, LEED AP

(716) 626-6466 Carlo.A.DiRienzo@cbp.dhs.gov

E. Requests for Information (RFIs):

1. After thorough review of the Solicitation and all Attachments, Offerors may submit Requests for Information in writing via email to the Contracting Specialist by the Pre-Proposal Question Submission date noted below.

2. Offeror’s must reference the GSA Solicitation No. “47PC0220R0019” on every correspondence with GSA, including RFIs.

3. Please ensure to reference the Document / Attachment name and reference the specific text with each question / RFI.

F. Proposal Timeline:

1. Pre-Proposal Question Submission: All questions (RFIs) are to be submitted in writing via email to the Contracting Specialist by 4:00 PM EASTERN DAYLIGHT TIME (EDT), ON July 3, 2020.

2. Answers to Requests for Information (RFIs) will be memorialized and sent to Offeror’s via amendment after they have been received.

3. Site Visit: A Site-Visit will be conducted following the release of this RFP, and prior to the Submission of Proposals. More information will be available via Addendum.

4. Proposal Submission Due: Offerors shall furnish and submit its Proposal in response to the requirements of this Solicitation, no later than 4:00 P.M., EASTERN DAYLIGHT TIME (EDT), ON July 26, 2020.

G. 52.236-27 Site Visit – Construction (Feb 95):

1. The clauses at FAR 52.236-2, Differing Site Conditions, and FAR 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, Offerors are urged and expected to inspect the site where the work will be performed.

2. Site visits will be held at the following dates and times:

TBD, More information will be available via Addendum.

(The Solicitation) Page 5 of 29 mailto:Carlo.A.DiRienzo@cbp.dhs.gov http://www.acquisition.gov/far/current/html/52_233_240.html#wp1113365 http://www.acquisition.gov/far/current/html/52_233_240.html#wp1113375

3. Pre-registration is required for all attendees to the pre-proposal Site Visit. The Site Visit shall be limited to not more than four (4) representatives from each Offeror.

a) Offerors shall submit a Visit Authorization Request (VAR) identifying all attendees from their respective team. Participants must have a valid, Government issued picture identification, driver’s license preferred, to gain access for the pre-proposal Site Visit.

b) Notification of the location of entry, where attendees are required to meet, and all other requirements for the Site Visit will be issued to the Offerors.

c) Submit the VAR to the Property Manager(s) listed above.

4. For further information about the site visit or access requirements, please contact the Property Manager(s) listed above.

H. Receipt of Offers:

1. In order to be considered for the award, offers conforming to the requirements of the Solicitation must be received via email to the Contracting Officer and Contracting Specialist (info above), by the Proposal Submission Date listed above.

2. Please note it is the Offeror’s responsibility to carefully review all attachments included with this Solicitation. If an Offeror has questions about any attachments, please submit them in writing as described above.

3. Please note, the Document Security Notice should also be completed and sent back to the via email to the Contracting Officer and Contracting Specialist (info above).

I. FAR 52.228-1 Bid Guarantee (Sep 96)

1. Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

2. The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds:

a) To unsuccessful bidders as soon as practicable after the opening of bids; and

b) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance

(The Solicitation) Page 6 of 29 agreements), as required by the bid as accepted.

3. The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, whichever is less.

4. If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

5. In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

II. Proposals

The Proposal shall consist of three parts:

I. Technical Evaluation

II. Price Evaluation

III. Other Requested Documentation/Information.

By evaluating Parts I and II, the Government anticipates awarding a contract to the Contractor whose proposal represents the best value to the Government.

A. Part I - Technical Proposal:

Each technical proposal should be brief, but sufficiently complete and organized to ensure that evaluation can be made on the basis of its content.

Offerors shall provide written technical response shall address all non-price evaluation criteria factors and they are as follows:

1. Experience

2. Past Performance

3. Staffing Plan and Organizational Structure

1. Experience: Offeror’s shall submit an Attachment B: Experience on Similar Projects Offeror Form for three (3) completed contracts/task orders (government or commercial) for similar type renovation and improvement projects performed within the past ten (10) years, in facilities similar to the Champlain Administration building. All three projects must have a minimum construction cost of five hundred thousand dollars ($500,000). All must have been successfully and substantially completed within the past ten (10) years and be similar in size, complexity and scope as the Champlain Passenger Administration Area Modifications Project. The Offeror must have served as

(The Solicitation) Page 7 of 29 the Prime Contractor on the submitted projects. Projects determined to be not relevant or only partially relevant will receive no credit resulting in an unacceptable rating for this factor. If the Contractor provides more than three contracts/task orders, the only the first three submitted based on chronology starting with the most recent contract/task order completion date will be reviewed.

2. Past Performance: Offeror’s shall submit three Attachment C: Past Performance Questionnaires prepared by the Owner or the contracting officer/contracting officer’s representative for each contract/task order (government or commercial) for renovation and/or modernization contracts/orders performed within the past six years in facilities similar in size, scope and complexity to the Champlain Passenger Administration Area Modifications Project. The Contractor must have been the prime Contractor of these contracts/task orders. Contractors are required to submit reliable** references for all submitted contracts/task orders.

a) It is encouraged, although not required, that the past performance references provided are associated with the projects provided under Factor 1 Experience.

3. Staffing Plan and Organizational Structure: Offeror’s shall submit resumes for each of the key personnel listed below. Resumes shall include all pertinent information that clearly exhibits the qualifications of the proposed personnel.

Resumes for each individual shall summarize the qualifications, professional designation, experience, education, skills and professional background information. Resumes must list the key personnel’s roles/responsibilities for the projects listed. An example resume format is provided as Attachment D:

Key Personnel Resume. If subcontractors are to be used, indicate what work will be subcontracted and the names of the proposed subcontractors, including commitments that have been made with them. Provide resumes indicating relevant experience for the proposed subcontractors. Submit resumes for the following positions:

a) Project Manager

b) Construction Superintendent

B. Part II - Price Proposal:

1. Contractors shall complete Attachment E: Standard Form 1442 and Attachment F: Contractor Bid Form, in their entirety.

2. The Contractor agrees to hold the prices in its proposal for 120 calendar days from the date specified for receipt of proposal.

C. Part III - Other Requested Documentation / Information:

1. The Offeror shall complete and submit Attachment G: GSA Form 527 - Contractor’s Qualifications and Financial Information.

(The Solicitation) Page 8 of 29

2. The Contractor shall complete and submit the Document Security Notice located as an attachment in the solicitation.

3. Representations and Certifications Contractors submitting a proposal in response to this Solicitation shall complete electronic Annual Representations and Certifications in conjunction with required Entity registration in the System for Award Management (SAM), accessed via https://www.sam.gov.

Contractors shall also submit with their proposal, the Annual Representations and Certification.

4. Standard Form 24 Bid Bond Certifications.

5. Representations and Certifications

a) Offerors are reminded their SAM registration status must be “Active”, at the time their offer is submitted, to be considered for award (see 52.204-7). Offerors submitting a proposal in response to this Solicitation shall complete electronic Annual Representations and Certifications in conjunction with required Entity registration in System for Award Management (SAM), accessed via System for Award Management. Offerors shall also submit with their proposal, the Annual Representations and Certifications (FAR 52.204-8), using the attached Offeror’s Representations and Certifications (C301-SAT).

6. Qualifications of Offerors

a) Offerors submitting a proposal in response to this Solicitation shall submit with their proposal evidence of their financial responsibility and capacity to perform the Contract. Offerors shall submit this information on GSA Form 527 – Offeror’s Qualifications and Financial Information.

Where applicable, point of contact, including names and telephone numbers, are required for all contracts listed.

III. Proposal Submission Requirements:

A. The Offeror shall provide one (1) electronic version of the Proposal via email to the Contracting Officer, by the Proposal Submission Date listed above.

B. The Quotation Submission shall be submitted with the following formatting requirements:

1. 12 point type

2. Double-spaced pages

3. All pages must be numbered

C. Please write the Solicitation Number, “47PC0220R0019”, and Solicitation Name, “Champlain Passenger Administration Area Modifications Project” on the front of the package.

(The Solicitation) Page 9 of 29 http://www.sam.gov/ https://www.sam.gov/ https://www.sam.gov/

D. Reminder: DO NOT INCLUDE PRICING IN THE TECHNICAL SUBMISSION.

IV. General Provisions

A. Availability of Funds Issuance of this Solicitation does not warrant that funds are presently available for award of a Contract. Award of the contract shall be subject to the availability of appropriated funds, and the Government shall incur no obligation under this Solicitation in advance of such time as funds are made available to the Contracting Officer for the purpose of contract award.

B. Requests for Clarification or Interpretation The Government will attempt to answer all requests for clarifications or interpretations of the Solicitation Documents prior to the date set for receipt of offers, but do not warrant that all such requests will be answered within 15 calendar days. Prospective Offerors should make such requests not less than 15 calendar days prior to the date set for receipt of offers.

C. Notice to Small Business Firms A program for the purpose of assisting qualified small business concerns in obtaining certain bid, payment, or performance bonds that are otherwise not obtainable is available through the Small Business Administration (SBA) (Small Business Administration). For information concerning SBA's surety bond guarantee assistance, contact your SBA District Office.

D. Information Concerning the Disclosure of Solicitation Results This acquisition is being conducted under the provisions of FAR Part 15 as a negotiated procurement. In accordance with FAR 3.104 and FAR 15.207, after receipt of proposals, no information regarding the identity of those submitting offers, the number of offers received, or the information contained in such offers will be made available until after award except as provided by

FAR 15.503.

E. Affirmative Procurement Program GSA has implemented an Affirmative Procurement Program (APP) intended to maximize the use of recovered materials, environmentally preferable, and bio-based products. Offerors should familiarize themselves with the requirements for using and reporting on the use of such materials in performance as set forth in the Agreement. Refer to Clause FAR 52.223-10 encouraging vendors to practice waste reduction.

F. Notice Concerning Preparation of Proposals

Offerors are cautioned to carefully read the entire Solicitation and the Agreement to be included in the Contract contemplated by the Solicitation in order to be fully aware of all requirements and clauses in the contemplated Contract. Verify that all blanks requiring information to be supplied in an Offer

(The Solicitation) Page 10 of 29 http://www.sba.gov/ have been properly filled out, that all pricing and other numerical data is accurately calculated, and that all copies of the Offer contain the same information.

G. Contractor Performance Information

1. Evaluating Contractor Performance: The General Services Administration is using the Contractor Performance Assessment Reporting System (CPARS) module as the secure, confidential, information management tool to facilitate the performance evaluation process. CPARS enables a comprehensive evaluation by capturing comments from both GSA and the contractor. The website for CPARS is Contractor Performance Assessment

2. Completed CPARS evaluations are sent to the Past Performance Information Retrieval System (PPIRS) which may then be used by Federal acquisition community for use in making source selection decisions. PPIRS assists acquisition officials by serving as the single source for contractor past performance data.

3. CPARS Registration: Each award requiring an evaluation must be registered in CPARS. The contractor will receive several automated emails. Within thirty days of award, the contractor will receive an e-mail that contains user account information, as well as the applicable contract and order number(s) assigned. Contractors will be granted one user account to access all evaluations.

4. Contractor CPARS Training: Contractors may sign up for CPARS training. A schedule of classes will be posted to the CPARS training site (CPARS Training) and updated as needed.

5. Contractor Representative (CR) Role: All evaluations will be sent to the Contractor Representative (CR) named on your award. The CR will be able to access CPARS to review and comment on the evaluation. If your CR is not already in the CPARS system, the contracting officer will request the name and email address of the person that will be responsible for the CR role on your award.

6. Once an evaluation is ready to be released the CR will receive an email alerting them the evaluation is ready for their review and comment. The email will indicate the time frame the CR has to respond to the evaluation; however, the CR may return the evaluation earlier than this date.

7. GSA shall provide for review at a level above the contracting officer (i.e., contracting director) to consider any disagreement between GSA and the contractor regarding GSA’s evaluation of the contractor. Based on the review, the individual at a level above the contracting officer will issue the ultimate conclusion on the performance evaluation.

8. Copies of the evaluations, contractor responses, and review comments, if

(The Solicitation) Page 11 of 29 http://www.cpars.gov/ https://www.cpars.gov/webtrain.htm https://www.cpars.gov/webtrain.htm any, will be retained as part of the contract file.

H. Safeguarding Documents Designated as Sensitive But Unclassified

Certain information contained in the Solicitation Documents may have been designated as Sensitive but Unclassified (SBU) building information. With respect to such information, Offerors shall agree to the terms for receipt of such information, as set forth in the provision “Administrative Matters” in Section III of the Agreement, as a condition of receipt of such information.

V. FAR / GSAR Solicitation Provisions

A. FAR 52.211-1 Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29 (AUG 98)

1. The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to—

GSA Federal Supply Service Specifications Section, Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978

2. If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (a) of this provision. Additional copies will be issued for a fee.

B. FAR 52.216-1 Type of Contract (APR 84) The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.

C. FAR 52.222-5 Construction Wage Rate Requirements—Secondary Site of the Work (MAY 14)

1. The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(The Solicitation) Page 12 of 29

2. If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

3. If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

4. The due date for receipt of offers will not be extended as a result of an offeror’s request for a wage determination for a secondary site of the work.

D. FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (FEB 1999)

1. The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

2. The goals for minority and female participation, expressed in percentage terms for the Offeror’s aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for Minority Participation for Each Trade

Goals for Female Participation for Each Trade

2.6% 6.9%

3. These goals are applicable to all of the Offeror’s construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

4. The Offeror’s compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects.

The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Offeror’s goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(The Solicitation) Page 13 of 29

5. The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the--

a) Name, address, and telephone number of the subcontractor;

b) Employer's identification number of the subcontractor;

c) Estimated dollar amount of the subcontract;

d) Estimated starting and completion dates of the subcontract; and

e) Geographical area in which the subcontract is to be performed.

6. As used in this Notice, and in any contract resulting from this solicitation, the

"covered area" is: New York State, Clinton County, Champlain

E. FAR 52.233-2 Service of Protest (SEP 06)

1. Protests, as defined in section 31.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from the Contracting Officer at the address provided in the provision “Receipt of Offers” in Section I (General Information).

2. The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

F. FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 98)

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

NUMBER TITLE DATE

52.214-34 Submission of Offers in the English Language APR 91

52.215-16 Facilities Capital Cost of Money JUN 03 52.236-28 Preparation of Proposals - Construction OCT 97

G. GSAR Clause 552.102 Incorporating Provisions and Clauses

(The Solicitation) Page 14 of 29 http://www.acquisition.gov/comp/far/index.html

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

H. Requiring Certified Cost or Pricing Data [15.403-4]

See the Agreement for more information

VI. Instructions and Clauses A. FAR 52.215-1 Instructions to Offerors – Competitive Acquisition (Jan 2017)

1. Definitions. As used in this provision.

a) “Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer’s discretion, result in the offeror being allowed to revise its proposal.

b) “In writing,” “writing,” or “written” means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

c) “Proposal modification” is a change made to a proposal before the solicitation’s closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

d) “Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

e) “Time,” if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

2. Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

3. Submission, modification, revision, and withdrawal of proposals.

a) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

b) The first page of the proposal must show.

(1) The solicitation number;

(2) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(3) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and

(The Solicitation) Page 15 of 29 agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(4) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror’s behalf with the Government in connection with this solicitation; and

(5) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the issuing office.

c) Submission, modification, revision, and withdrawal of proposals.

(1) Offerors are responsible for submitting proposals, and any modifications or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

d) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition;

and.

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or it is the only proposal received.

e) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(1) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(2) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation

(The Solicitation) Page 16 of 29 on the first work day on which normal Government processes resume.

(3) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

4. Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

5. Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.

6. Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

7. Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

8. Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

a) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

b) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall.

9. Mark the title page with the following legend:

a) This proposal includes data that shall not be disclosed outside the

Government and shall not be duplicated, used, or disclosed.in whole or in part.for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of.or in connection with the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction.

The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

10. Mark each sheet of data it wishes to restrict with the following legend:

a) Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

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11. Contract award.

a) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

b) The Government may reject any or all proposals if such action is in the Government’s interest.

c) The Government may waive informalities and minor irregularities in proposals received.

d) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint.

The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

e) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

f) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government’s best interest to do so.

g) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.

h) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

i) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

j) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

12. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

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a) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

b) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

c) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

d) A summary of the rationale for award.

e) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

f) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

B. FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2019)

1. Definitions. As used in this clause— Covered foreign country means The People’s Republic of China.

2. Covered telecommunications equipment or services means-

a) Telecommunications equipment produced by Huawei Technologies

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

b) 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);

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

d) 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.

3. Critical technology means-

a) Defense articles or defense services included on the United States

Munitions List set forth in the International Traffic in Arms Regulations

(The Solicitation) Page 19 of 29 under subchapter M of chapter I of title 22, Code of Federal Regulations;

b) 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—

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

5. For reasons relating to regional stability or surreptitious listening;

6. 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);

a) 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);

b) 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

c) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C.

4817).

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

a) Prohibition. 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 Federal Acquisition Regulation 4.2104.

(The Solicitation) Page 20 of 29

b) 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.

c) Reporting requirement.

8. 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.

9. the Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

10. 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.

11. 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 will

(The Solicitation) Page 21 of 29 https://dibnet.dod.mil/ https://dibnet.dod.mil/ be incorporated to prevent future use or submission of covered telecommunications equipment or services.

12. Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

13. Note: The representation in GSAR 552.204-70 does not need to be completed by the offeror prior to award.

C. GSAR 552.204-70, Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment. (DEVIATION I) (AUG 2019)

1. Definitions. As used in this clause-

a) “Covered telecommunications equipment or services”, “Critical technology”, and “Substantial or essential component” have the meanings provided in FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

2. Prohibition. 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. Contractors are not prohibited from providing-

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

b) 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.

3. Representation. The Offeror or Contractor represents that it [ ] will or [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract, order, or other contractual instrument resulting from this contract. This representation shall be provided as part of the proposal and resubmitted on an annual basis from the date of award.

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4. Disclosures. If the Offeror or Contractor has responded affirmatively to the representation in paragraph (c) of this clause, the Offeror or Contractor shall provide the following additional information to the Contracting Officer--

a) All covered telecommunications equipment and services offered or provided (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

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

c) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

d) For equipment, 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).

(End of clause)

D. FAR 52.219-14 Limitations on Subcontracting (JAN 2017)

1. This clause does not apply to the unrestricted portion of a partial set-aside.

2. applicability. This clause applies only to--

a) Contracts that have been set aside or reserved for small business concerns or 8(a) participants;

b) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) participants; and

c) Orders set aside for small business or 8(a) participants under multiple-award…