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- Solicitation number
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OFFER SUBMISSION PACKAGE
Regional Vault and Septic Pumping, and Basic Inspection Services
Blanket Purchase Agreement
Solicitation Number 127EAT22Q0038
PROSPECTIVE OFFERS: You are hereby invited to submit a quotation in response to this Request for
Quote. If you are interested in this acquisition, you may participate by submitting your response in accordance with FAR 52.212-1, Instructions to Offerors – Commercial Products and Commercial
Services and FAR 52.212-2, Evaluation – Commercial Products and Commercial Services.
This Request for Quote includes the following:
Section A: Solicitation for Commercial Items SF-1449
Section B: Schedule of Items
Section C: Contract Clauses
Section D: Contract Documents, Exhibits, or Attachments
Section E: Solicitation Provisions
Section F: Representations & Certifications
POINTS OF CONTACT:
Contract Specialist Contracting Officer Contracting Officer Representative
Tiffany Paige Hurt Cree M. Prevost Tiffany Boyce tiffany.hurt@usda.gov cree.prevost@usda.gov tiffany.boyce@usda.gov
707.562.9205 707.562.8897 707.980.1384
CONTRACTING ASSISTANCE: The Association of Procurement Technical Assistance Centers provides government contracting assistance. You may contact your local Procurement Technical
Assistance Center (PTAC) using the following link: Contracting Assistance - APTAC - Association of
Procurement Technical Assistance Centers (aptac-us.org).
Closing Date and Time for Offeror Questions: July 25, 2022, 2:00 PM Pacific Closing Date and Time for Receipt of Quotations: July 29, 2022, 11:00 AM Pacific mailto:tiffany.hurt@usda.gov mailto:cree.prevost@usda.gov mailto:tiffany.boyce@usda.gov https://www.aptac-us.org/contracting-assistance/ https://www.aptac-us.org/contracting-assistance/
SUBMISSION CHECKLIST
Regional Vault and Septic Pumping, and Basic Inspection Services
Blanket Purchase Agreement
Solicitation Number 127EAT22Q0038
100% Total Small Business Set-Aside
Solicitation of Commercial Items (SF-1449) – See Section A
• Offerors shall submit a signed copy of the first page of the solicitation
• Complete block 17a with your Company name, address, telephone number, email and
SAM Unique Entity Identifier (UEI)
• Sign block 30a (digital signatures are accepted)
• Complete block 30b
• Complete block 30c
Amendment of Solicitation (SF-30) – Posted at SAM.gov, if amendment is required.
• Offerors shall submit a signed copy of all amendments issued, if any.
• It is the responsibility of the Offeror to monitor SAM.gov for amendments.
• Complete block 15A
• Complete block 15B (digital signatures are accepted)
• Complete block 15C
Schedule of Items – See Section B
• Offerors shall complete the pricing schedule provided with the solicitation. All items in the pricing schedule must be completed, including optional items. All items must include a dollar value.
• Offerors who fail to submit a completed pricing schedule will not be considered for award.
Technical Proposal (Past Performance and Technical Capability) – See Section E
▪ Instructions for preparing technical proposals that address the factors in FAR 52.212-2
Evaluation – Commercial Products and Commercial Services can be found in Section E –
Solicitation Provisions.
▪ Responses must include the Past Performance Experience Questionnaire.
Representatives & Certifications – See Section F
• Complete the yellow highlighted information in Section F – Representations and
Certifications and submit a copy with your offer.
• Complete 52.212-3(b)(2) if Offeror Representations and Certifications are complete in SAM.
See Section F for additional instructions if Reps and Certs are not complete in SAM.
• Offerors must meet the Small Business Size Standard for NAICS 562991
1) Offerors must have an active entity registration in the System for Award Management in order to submit an offer.
https://www.sam.gov/SAM/
2) Offers submitted in response to this solicitation shall include a technical proposal, a price proposal (Schedule of Items), and contractor representations and certifications.
https://www.sam.gov/SAM/
SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
91S8 CODE 16. ADMINISTERED BYCODE
X
X
X
562991
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED OR91S8
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
07/29/2022 1100 PT
07/20/2022 (No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
127EAT22Q0038
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 2 1067211OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
VALLEJO CA 94592-1110
1323 CLUB DR
PACIFIC SOUTHWEST REGION
USDA FOREST SERVICE
15. DELIVER TO
VALLEJO CA 94592-1110
1323 CLUB DR
PACIFIC SOUTHWEST REGION
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$8.00
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
11.
SEE SCHEDULEX
12. DISCOUNT TERMS
THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
8(A)
USDA FOREST SERVICE
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
Regional Vault and Septic Pumping Blanket Purchase Agreement
This Blanket Purchase Agreement (BPA) is for vault and septic pumping, servicing portable toilets and basic inspection services in the Pacific Southwest Region (California). Services include pumping out precast concrete vaults and septic tanks, visual inspections and documentation of basic vault toilet buildings, and servicing portable toilets for as needed
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
XX
DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
OFFER
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT:
REF.
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 2/2012) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
and/or recurring requirements.
Period of Performance: 08/01/2022 to 07/31/2027
0001 SEE SCHEDULE OF ITEMS 1 EA
Product/Service Code: S222
Product/Service Description: HOUSEKEEPING- WASTE
TREATMENT/STORAGE
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
2 2 of
SECTION B – SCHEDULE OF ITEMS
USDA Forest Service Pacific Southwest Region
Regional Vault and Septic Pumping, and Basic Inspection Blanket Purchase Agreement
Schedule of Items/Price Schedule
NORTHERN ZONE
TASK 1: Vault Toilet Pumping and Waste Disposal
Description Cost for EACH facility pump
Cost for 3 to 5 toilet facility pumps within a designated recreation site
Cost for 6 to 10 toilet pumps within a designated recreation site
Small (less than 500 gallons)
Medium (501- 1,000
Large (1,001 - 2,500
Extra Large (2,500 - 4,000
TASK 2: Septic Tank Pumping and Waste Disposal pump
Cost for 3 to 5 septic tank facility pumps within a designated recreation site
Cost for 6 to 10 septic tank pumps within a designated recreation site
TASK 3: Servicing of Forest Service Owned Portable Toilet Facilities
TASK 4: Basic Inspections inspection.
Cost for 3 to 5 facility inspections within a designated recreation site
Cost for 6 to 10 facility inspections within a designated recreation site
Restroom Facility
Estimated
Quantity
Unit
Unit Price
Mileage (Remote locations outside of the Contractor’s service area.
The total miles will be provided on each Individual BPA Call.)
HR
Cost for EACH portable toilet pump
Cost for 3 to 5 portable toilet pumps within a designated recreation site
Cost for 6 to 10 portable toilet pumps within a designated recreation site
Portable Toilet (less than 100 gallons)
CENTRAL SIERRA ZONE
pump
Cost for 3 to 5 toilet facility pumps within a designated recreation site
Cost for 6 to 10 toilet pumps within a designated recreation site pump
Cost for 3 to 5 septic tank facility pumps within a designated recreation site
Cost for 6 to 10 septic tank pumps within a designated recreation site
Cost for 3 to 5 facility inspections within a designated recreation site
Cost for 6 to 10 facility toilet pump
Cost for 3 to 5 portable toilet pumps within a designated recreation site
Cost for 6 to 10 portable toilet pumps within a designated recreation site
SOUTHERN SIERRA ZONE
pump
Cost for 3 to 5 toilet facility pumps within a designated recreation site
Cost for 6 to 10 toilet pumps within a designated recreation site pump
Cost for 3 to 5 septic tank facility pumps within a designated recreation site
Cost for 6 to 10 septic tank pumps within a designated recreation site
Cost for 3 to 5 facility inspections within a designated recreation site
Cost for 6 to 10 facility toilet pump
Cost for 3 to 5 portable toilet pumps within a designated recreation site
Cost for 6 to 10 portable toilet pumps within a designated recreation site
SOUTHERN CALIFORNIA ZONE
pump
Cost for 3 to 5 toilet facility pumps within a designated recreation site
Cost for 6 to 10 toilet pumps within a designated recreation site pump
Cost for 3 to 5 septic tank facility pumps within a designated recreation site
Cost for 6 to 10 septic tank pumps within a designated recreation site
Cost for 3 to 5 facility inspections within a designated recreation site
Cost for 6 to 10 facility toilet pump
Cost for 3 to 5 portable toilet pumps within a designated recreation site
Cost for 6 to 10 portable toilet pumps within a designated recreation site
Schedule Notes:
• Multiple awards will be issued from this solicitation, Offerors may provide an offer for some or all services listed in the Schedule of Items. This award shall be made under the policies and procedures prescribed in
Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items, in conjunction with FAR
Part 13, Simplified Acquisition Procedures.
• Contractors shall list pricing for every item they wish to perform and in which Zones, during BPA performance period listed in the schedule of items. If vendor only has capability to perform some of the tasks, and not all tasks they shall only enter prices in tasks they are capable of performing and leave all other tasks blank.
• Offerors are fully responsible for the accuracy, completeness, and compliance with all instructions set forth in the RFQ.
52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (NOV 2021)
Addenda to provision 52.212-1:
Addenda to Provision 52.212-1 paragraph (b) Submission of Offers:
1) Offerors must have an active entity registration in the System for Award Management in order to submit an offer. https://www.sam.gov/SAM/
2) Offers submitted in response to this solicitation shall include a technical proposal, a price proposal, and contractor representations and certifications.
a) Technical Proposal – The technical proposal shall address the evaluation factors in
52.212-2. At a minimum technical proposal shall include:
i) Past Performance – provide a list of three (3) similar projects completed by your firm over the past three years. Include a brief description of the project, dollar amount, year completed, and project owner contact information (name, phone, and email). The government may use past performance information from any available source. If a company does not have past performance information available, information may be provided for predecessor companies, key personnel, or subcontractors.
ii) Technical Capability – Provide a list of equipment and bio-based products including key personnel (with qualifications) that will be used to complete this project.
b) Price Proposal – Include the following: 1) completed, signed SF-1449 from Section A of this solicitation, 2) Acknowledge any amendments issued on sam.gov for this solicitation by completing and signing the posted SF-30, and 3) Include the completed price schedule contained in Section B of this solicitation.
c) Representations and Certifications – Fill in the check boxes for provisions 52.204-24, 52.209-7, 52.212-3, and Employment of Eligible Workers-Workforce Certification found in
Section F of this solicitation and include a copy with your offer.
2) Submit offer by email to tiffany.hurt@usda.gov with a courtesy copy to cree.prevost@usda.gov so that it is delivered by the due date and time. Be aware that large attachments may increase the time required to deliver an email. It is the offerors responsibility to confirm receipt of the offer from Tiffany Paige Hurt at tiffany.hurt@usda.gov.
3) Address questions about this solicitation to Tiffany Paige Hurt at tiffany.hurt@usda.gov.
Addenda to Provision 52.212-1 paragraph (f) Late submissions:
Replace (f)(2)(i) with the following:
Any offer, modification, revision, or withdrawal of an offer 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 and the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition. (Delete paragraphs A, B, C).
https://www.sam.gov/SAM/ mailto:tiffany.hurt@usda.gov mailto:cree.prevost@usda.gov
52.212-2 Evaluation – Commercial Products and Commercial Services (NOV 2021)
(a) The Government will award multiple Blanket Purchase Agreements (BPAs) resulting from this solicitation to the responsible offerors whose offers 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:
Factor 1: Past Performance
Complete Past Performance Experience Questionnaire (include additional sheets if necessary).
Offeror must demonstrate experience with project(s) similar in scope to the requirements detailed in the Performance Work Statement. Offeror may submit projects in which they performed as either a prime or sub-contractor. Offerors must submit three at least three (3) projects – no more than 5 projects will be considered – performed in the past 3 years.
List of subcontractors, if applicable, and the work they will be performing AND their experience.
If the quoter intends to subcontract major portions of the work, quoter shall submit worksheets from its principal subcontractors.
Factor 2: Technical Capability
1) Description of ability to meet required specifications including equipment to be used in performance of the contract.
2) Key Personnel and qualifications to manage required services.
3) Ability to meet performance schedule.
4) Identify bio-based products that will be used in the performance of these services.
BASIS OF AWARD
Award will be made to the offeror whose offer provides the best value to the government, considering price and the non-price factors. Technical and past performance, when combined, are more significant when compared to price.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the
Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
USDA Forest Service Pacific Southwest Region
PAST PERFORMANCE
EXPERIENCE QUESTIONNAIRE
1. CONTRACTOR NAME, ADDRESS AND PHONE NUMBER
2. SUBMITTED TO (Office Name & Address) 3. BUSINESS:
__Company ___Co-partnership __Corporation ___Individual __Non-profit Organization
4. How many years do you or your firm have in the line of work contemplated by this solicitation?
5. HOW MANY YEARS EXPERIENCE IN CONTRACTING HAVE YOU OR YOUR COMPANY HAD AS A:
PRIME CONTRACTOR_________________ AND/OR SUB-CONTRACTOR_____________
6. LIST BELOW ALL PUMPING SERVICES PROJECTS YOUR BUSINESS HAS COMPLETED WITHIN THE LAST THREE YEARS:
CONTRACT
AMOUNT TYPE OF PROJECT
DATE
COMPLETED
NAME,ADDRESS, AND PHONE OF OWNER /PERSON
TO CONTACT FOR PROJECT INFORMATION
7. LIST BELOW ALL OF YOUR CONTRACTUAL COMMITMENTS RUNNING CONCURRENTLY WITH THE
WORK CONTEMPLATED BY THIS PROJECT:
CONTRACT
NUMBER
AMOUNT
OF
AWARD
NAME, ADDRESS & PHONE # OF BUSINESS/GOVERNMENT
AGENCY INVOLVED
AWARDED
(UNITS)
PERCENT
COMPLETED
DATE
COMPLETED
_____NO
_____NO
8a. HAVE YOU EVER FAILED TO COMPLETE ANY WORK AWARDED TO YOU? ______YES 8b. HAS WORK EVER BEEN COMPLETED BY PERFORMANCE BOND? ______YES 8c. IF “YES” TO EITHER ITEMS SPECIFY LOCATION(S) AND REASON(S)WHY:
EXPERIENCE QUESTIONNAIRE PAGE 2
9. ORGANIZATION AND WORKERS THAT WILL BE AVAILABLE FOR THIS PROJECT:
a. MINIMUM NUMBER OF EMPLOYEES:___________ AND MAXIMUM NUMBER OF EMPLOYEES:__________
b. ARE EMPLOYEES REGULARLY ON YOUR PAYROLL? ______YES _______ NO
c. PROVIDE LIST OF SUBCONTRACTORS, if applicable.
d. HAS YOUR COMPANY SERVICED THE GEOGRAPHIC AREA(S) CONTEMPLATED IN THIS SOLICITATION:
______ YES _____ NO
10. LIST BELOW THE EXPERIENCE OF THE PRINCIPAL INDIVIDUALS OF YOUR BUSINESS:
INDIVIDUAL’S NAME
PRESENT
POSITION
YEARS
OF EXP MAGNITUDE AND TYPE OF WORK
11. REMARKS: SPECIFY BOX NUMBERS (Attach sheets if extra space is needed to fully answer any of the above questions):
CERTIFICATION
I certify that all of the statements made by me are complete and correct to the best of my knowledge and that any persons named as references are authorized to furnish the Forest Service with any information needed to verify my capability to perform this project.
12a. CERTIFYING OFFICIAL’S NAME AND TITLE
12b. SIGNATURE 13.
DATE
COMPANY NAME
Company Address
SAM Unique Entity ID
CALIFORNIA
ZONES
( See Regional Map )
National Forests
Task 1:
VAULT
PUMPING
Task 2:
SEPTIC
TANK
PUMPING
Task 3:
PORTABLE
TOILET
SERVICING
Task 4:
BASIC
INSPECTIONS
Klamath National Forest
Lassen National Forest
Mendocino National Forest
Modoc National Forest
Shasta‐Trinity National Forest
Six Rivers National Forest
Eldorado National Forest
Lake Tahoe Basin Mgmt Unit
Plumas National Forest
Tahoe National Forest
Inyo National Forest
Sequoia National Forest
Sierra National Forest
Stanislaus National Forest
Angeles National Forest
Cleveland National Forest
Los Padres National Forest
San Bernardino National Forest
Regional Geographic Capability
Geographic capability to perform all tasks throughout the Pacific Southwest Region (California).
Offerors may indicate the zones and national forests that meet geographic capability.
Select geographic location if it includes only a portion of the national forest. Offerors with capability to perform all tasks throughout the Pacific Southwest Region may select Regional Geographic Capability.
Northern California
Central Sierra
Southern Sierra
Southern California
Geographic Capability USDA Forest Service Pacific Southwest Region
Regional Vault and Septic Pumping Blanket Purchase Agreement
SECTION F – REPRESENTATIONS & CERTIFICATIONS
VENDOR NAME:__________________________________________________
VENDOR DUNS:___________________________________________________
COMPLETE THE YELLOW HIGHLIGHTED INFORMATION IN SECTION F AND
SUBMIT A COPY WITH YOUR OFFER. SEE INSTRUCTIONS IN SECTION E,
PROVISION 52.212-1.
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 or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at
52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision—
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for
Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August
13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.
Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award
Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".
(d) Representation. The Offeror represents that—
(1) It ☐ will, ☐ will not provide covered telecommunications equipment or services to the
Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—
It ☐ does, ☐ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The
Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the
Offeror shall provide the following information as part of the offer:
(i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;
and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;
and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
52.209-7 Information Regarding Responsibility Matters (OCT 2018)
(a)Definitions. As used in this provision—
Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission
Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed
Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
Federal contracts and grants with total value greater than $10,000,000” means—
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;
head of a division or business segment; and similar positions).
(b)The offeror ☐ has ☐does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c)If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1)Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i)In a criminal proceeding, a conviction.
(ii)In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii)In an administrative proceeding, a finding of fault and liability that results in–
(A)The payment of a monetary fine or penalty of $5,000 or more; or
(B)The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv)In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in
(c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d)The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for
Award Management, which can be accessed via https://www.sam.gov. See 52.204-7.
52.212-3 Offeror Representations and Certifications – Commercial Products and
Commercial Services (MAY 2022) (DEVIATION JUL 2020)
If Offeror Representations and Certifications are not complete in SAM the offeror shall submit a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, with your offer.
The full provision is available from http://www.acquisition.gov/far/.
If Offeror Representations and Certifications are complete in SAM, the offeror shall complete the following:
(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 ______________.
https://www.sam.gov/ http://www.acquisition.gov/far/ http://www.sam.gov/ https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550 https://www.acquisition.gov/content/part-4-administrative-and-information-matters#i1121876
[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. Write “None” if there are no changes needed to your online reps and certs.
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.]
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File details come from the government source that posted it. Updated .