3 - Offerors Proposal Letter.pdf

OFFEROR’S PROPOSAL LETTER

Offeror’s Proposal Letter Solicitation No. 438168-CC-24 05/11/23 Page 1 of 8

In response to the Request for Proposal (RFP) No. 438168-CC-24 dated Wednesday, September 11, 2024 and in accordance with the accompanying Instructions to Offerors, the undersigned hereby proposes to furnish all plant, labor, technical and professional services, supervision, materials and equipment (other than materials and equipment as specified by others) and to perform all operations necessary and required in accordance with the work described in Exhibit B, the provisions of the Solicitation Documents and any amendments thereto, and at the prices stated opposite the respective items set forth in the Schedule of Quantities, Prices and Data attached hereto.

The undersigned agrees this Proposal constitutes a firm offer to CONTRACTOR, which cannot be withdrawn for 60 calendar days from and after the proposal due date or until a Subcontract for the work is executed by undersigned and CONTRACTOR, whichever is earlier.

The undersigned certifies that it has examined and is fully familiar with all of the provisions of the Solicitation Documents and any amendments thereto; that it has carefully checked all of the words and figures shown in its Consideration Schedule (Exhibit A – Form A); that it has carefully reviewed the accuracy of all statements in this Proposal and any attachments hereto; and that it has by careful examination of the Solicitation Documents and any amendments thereto and by examination of the actual site conditions, satisfied itself as to the nature and location of all work, the general and local conditions to be encountered in the performance of any work, the requirements of the Solicitation and all other matters which can in any way affect work or the cost thereof. The undersigned hereby agrees CONTRACTOR shall not be responsible for any errors or omissions on the part of the undersigned in preparing this Proposal.

If awarded a Subcontract, the undersigned agrees to execute the Subcontract and deliver it to the CONTRACTOR within ten (10) calendar days after award of the Subcontract, with the necessary Certificates of Insurance, and Performance and Payment Bonds, if required. Work shall not commence until the required Certificates of Insurance are submitted. Attached hereto and by this reference incorporated herein and made a part of this Proposal are the Proposal Data required by Exhibit A, Quantities, Prices and Data.

E-VERIFY

Applicable to resulting orders/subcontracts over $3,500 for services and/or construction: Employment Eligibility Verification, reference General Terms and Conditions, FAR Clause 52.222-54.

The OFFEROR certifies that the OFFEROR

[ ] Has, [ ] Has not enrolled in e-Verify. If the OFFEROR has not enrolled in e-Verify, the OFFEROR certifies herein they will enroll within 30 calendar days of an award for itself and each lower-tier.

Offeror can click here to enroll: https://e-verify.uscis.gov/enroll/StartPage.aspx?JS=YES

REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS

Applicable to resulting orders/subcontracts exceeding $30,000 in value, by the end of the month following the month of award of a first-tier subcontract with a value of $30,000 or more, and annually thereafter (calculated from the subcontract contract award date), if—

(i) In the subcontractor’s preceding fiscal year, the subcontractor received—

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements and other forms of Federal financial assistance; and

The Subcontractor shall report the names and total compensation of each of the five most highly compensated executives for that first-tier subcontractor for the first-tier subcontractor’s preceding completed fiscal year at https://www.fsrs.gov.

https://e-verify.uscis.gov/enroll/StartPage.aspx?JS=YES https://www.fsrs.gov/

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The OFFEROR certifies that the Executive Report

[ ] Is not applicable based on (A) and (B) above

[ ] Is applicable based on (A) and (B) above, if so, complete the following:

[ ] Has, [ ] Has not

Reported Executive Compensation through https://www.fsrs.gov. The OFFEROR certifies herein they will report within 30 calendar days of an award.

CERTIFICATE REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, and EQUAL OPPORTUNITY

COMPLIANCE:

The Offeror certifies, to the best of its knowledge and belief, that – The Offeror and/or any of its Principals –

[ ] Are

[ ] Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal Agency.

Affirmative Action Compliance: The offeror represents that --

(a) It [ ] has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2); or

(b) It [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

The Offeror certifies that all required Equal Opportunity Compliance Reports, in accordance with FAR 52.222-26 and Executive Order 11246-

[ ] Have

[ ] Have not been filed as required above.

BUY AMERICAN CERTIFICATE

The OFFEROR certifies that each end product, except those listed below, is a domestic end product and that components of unknown origin are considered to have been mined, produced, or manufactured outside the United States.

“Domestic end product” means –

1. An un-manufactured end product mined or produced in the United States; or

2. An end product manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components. Components of foreign origin for the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated https://www.fsrs.gov/

05/11/23 Page 3 of 8 as domestic. Scrap generated, collected, and prepared for processing in the United States is considered domestic.

Excluded End Products Country of Origin

OFFERORS may obtain from the Contractor lists of articles, materials, and supplies excepted from the Buy American Act (listed at 25.104 of the Federal Acquisition Regulation).

(NOTE: If none of the end products requested herein are manufactured outside the United States, please indicate by placing “N/A” in the Excluded End Products table above.)

FAR 52.225-10 – Notice of Buy American Requirement-Construction Materials (May 2014)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American-Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested-https://www.acquisition.gov/far/52.225-9#FAR_52_225_9 https://www.acquisition.gov/far/52.225-9#FAR_52_225_9 https://www.acquisition.gov/far/52.225-9#FAR_52_225_9 https://www.acquisition.gov/far/52.225-9#FAR_52_225_9 https://www.gsa.gov/forms-library/solicitation-offer-and-award-construction-alteration-or-repair https://www.acquisition.gov/far/52.225-9#FAR_52_225_9 https://www.acquisition.gov/far/52.225-9#FAR_52_225_9

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(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of Provision)

EXPORT CONTROL:

In accordance with the requirements of the Export Administration Regulations (EAR) AND the International Traffic In Arms Regulations (ITAR), please notify us if the material or technology we are inquiring about falls within any of the following:

EXPORT CONTROLLED [ ] YES [ ] NO

IF YES, ITAR [ ] EAR [ ]

EXPORT CLASSIFICATION: USML___________________or ECCN_________________________

FAR 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 Items. 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— https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_25

05/11/23 Page 5 of 8

(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.

https://www.sam.gov/

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(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)

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

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

□ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision) https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.sam.gov/

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FEDERAL SUPPLY SCHEDULE/OTHER SOURCES OF SUPPLY

CONTRACTOR is authorized to purchase from Government sources of supply including General Services Administration (GSA) Federal Supply Schedule (FSS) Contracts, NASA SEWP V Contract, Integrated Contractor Purchasing Team (ICPT) Contracts, or Supply Chain Management Center Contracts, in furtherance of CONTRACTOR’s Prime Contract No.

DE-NA0003624, pursuant to written letter of authorization which is available at:

http://www.nnss.gov/docs/docs_procurement/gsa.pdf

Offerors utilizing any of the above types of contract pricing shall provide Contract Number, expiration date and a copy of the applicable contract.

Are these services/materials available on GSA?

[ ] YES [ ] NO

If yes, GSA Contract No. __________________

And expiration date _____________

Are these services/materials available on NASA SEWP V Contract?

If yes, Contract No. __________________

Are these services/materials available on ICPT Contract?

Are these services/materials available on SCMC Contract?

Is there a published price list available for these services/materials?

[ ] YES [ ] NO If yes, please attach a copy to your proposal

The undersigned hereby acknowledges that any Subcontract resulting from this Proposal will represent the entire agreement and that any exceptions taken in this Proposal, if not expressly included in the Subcontract, will be considered resolved and void and that all exceptions have been listed on the attached Exhibit A, Form titled “EXCEPTIONS AND

DEVIATIONS”.

In addition to the Representations and Certifications above, the undersigned also acknowledges receipt, understanding and full consideration of the following amendment(s) to the Subcontract Documents.

Amendment Number (if none received, enter “None”), If after proposal due date, acknowledgement of amendments can be completed via email.

OFFEROR

(Signature) (Date)

(Type or Print name)

(Title) http://www.nnss.gov/docs/docs_procurement/gsa.pdf

05/11/23 Page 8 of 8

Name of Company:

Offeror’s Business Address:

Company Telephone/Fax Numbers:

Email Address:

Federal Tax ID Number (Include IRS Form W-9)

Nevada State Sales Tax Number:

DUNS No.:

Facility Clearance Code: ___________________________________________

Unique Entity Identifier (UEI): ___________________________________________

NAICS Code: 236220 Commercial and Institutional Building Construction

Small Business Size Standard: $45 MILLION

(Refer to Instructions to Offeror) Please do not edit the above NAICS Code as buyer has selected the corresponding NAICS Code and Size Standard for this purchase. The small business size standard for a concern, which submits an offer in its own, name, other than on a construction or service contract, but which proposes to furnish a product, which it did not itself manufacture, is 500 employees. Any questions should be directed to buyer.

OFFEROR represents that the size and socioeconomic status representations with its offer are current, accurate, and complete as of the date of the offer.

Business Type: (Check all that apply) Minority Type: (Check all that apply) [ ] Small Business [ ] Disadvantaged [ ] African-American Owned [ ] Woman-owned [ ] HUB Zone [ ] Asian-Pacific American Owned [ ] Veteran [ ] Service Disabled Veteran [ ] Hispanic-American Owned [ ] Large Business [ ] Foreign [ ] Native American (American Indian, Eskimo, Aleut, Native Hawaiian) [ ] 8(a) [ ] Educational [ ] Sub-Continent Asian American Owned

Enter state of organization in addition to business address. If OFFEROR is a partnership or a joint venture, on a separate sheet, list the full names of all partners or joint venturers who shall be jointly and severally liable.

OFFEROR