Final Solicitation.pdf

Architect/Engineering Services

Denver Federal Center, Building 53

SOLICITATION # 47PJ0020R0006

Solicitation Number: 47PJ0020R0006

Notice Type:

Solicitation

Contracting Office Address:

General Services Administration (GSA), Public Buildings Services (PBS), Acquisition

Division (8PQB)

One Denver Federal Center Bldg 41 P.O Box 25546 (8PSDW) Denver, CO 80225-0546

General Information

Classification Code: C1AA – Architect and Engineering

Construction Office Buildings

Services NAICS Code: 541310 – Architectural Services

FBO Synopsis / Solicitation

Architectural and Engineering Services

REGION: 8

CONTRACTING OFFICER Len Wilson CONTRACT SPECIALIST John Kelley PROJECT: Architectural and Engineering Design Services PROJECT TYPE: Building 53

CLIENT AGENCY: GSA

SIZE: BUDGET FOR A/E: $3M-$4M

OVERVIEW

GSA is soliciting Architectural and Engineering (A/E) services for the Building 53 Limited Scope & Tenant Backfill Project, at the Denver Federal Center, Building 53, Lakewood, CO 80225

The North American Industrial Classification System Code (NAICS) applicable to this project is 541310, Architectural Services, which has a size standard of $8 million in average annual receipts over past three years.

PROCUREMENT DESCRIPTION

This acquisition is being procured in accordance with the Brooks Act as implemented in FAR Subpart 36.6. This procurement is set-aside for Small Business concerns.

The Brooks Act (Public Law 92-582), also known as Qualifications Based Selection (QBS), which was enacted on October 18, 1972, establishes the procurement process by which a firm is selected for award of a federal government contract to perform architect/engineer (A/E) services.

The Brooks Act establishes a qualifications-based selection process, in which contracts for A/E services are negotiated on the basis of demonstrated competence and qualification for the type of professional services required at a fair and reasonable price. Under QBS procurement procedures, price quotations are not a consideration in the selection process. There are seven basic steps involved in pursuing federal design work under QBS:

1. Public Announcement The request for qualifications solicitation will be posted in Federal Business Opportunity (FedBizOpps).

2. Statements of Qualification A/E firms with an interest in being considered for design services contracts must submit written information in response to the Phase 1 factors in the solicitation.

3. Evaluation of Submissions GSA will review the written information submitted in response to the solicitation Phase 1 factors in the Fed Biz Opportunity notice.

4. Development of a Short-list (Phase 1) Following the evaluation of the written information submitted in response to the solicitation Phase 1 factors, GSA will rank the most highly qualified firms to continue with the interview process, Phase 2.

5. Interviews with Short-list Firms (Phase 2) The shortlisted lead designers and associated A/E firms will be notified and asked to submit more detailed information indicating each member of the design team, including all outside consultants.

Sufficient time will be provided for the lead designer and associated A/E design firm to establish its team. The firms will be required to complete Standard Form 330 Architect Engineer Qualifications Parts I and II that reflect the entire design team. The government will establish the detailed evaluation criteria and the date that these submittals are due and provide the selection criteria for the interviews along with the Phase 1 shortlist announcement.

The board will interview each team. Candidates should be prepared to discuss all aspects of the criteria indicated above and evaluation criteria as established for Phase 2, and demonstrate their ability to fulfill all project requirements. Emphasis will be placed on the lead designer-A/E team’s understanding of the unique aspects of the project, their design philosophy, project management process, and quality assurance plan. Responses to the evaluation criteria and interview questions will be used to rank the Lead Designer A/E Teams.

The interviews will be held at the agency’s office in person with the A/E firm or with the A/E firm participating via video teleconferencing as agreed by the Government and the A/E firm. The selected firms are allowed up to 45 minutes each for the interview.

6. Recommendation for Negotiation and Award Following its evaluations for Phase 1 and Phase 2, GSA will select for negotiations for award of a contract under this solicitation.

The negotiations will be conducted pursuant to the procedures set forth in FAR 36.606. The government will negotiate the hourly rates for the A/E firm’s disciplines. Proposed fees will be compared to an Independent Government Estimate to determine price reasonableness, realism, and balance. If a firm’s pricing determined to be unreasonable, unrealistic, or unbalanced, that firm may be removed from consideration, and the next most highly qualified firm will be considered.

GSA shall select the most highly qualified rated firm for award that has reasonable, realistic, and balanced pricing.

To be eligible for contract award, a firm must be registered in the System for Award Management at http://www.sam.gov.

SCOPE OF WORK

The scope of professional services will require at a minimum: professional architectural, engineering, interior design, landscape architecture, and related consulting services for concept concept design documents, design development documents, construction documents, specifications, cost estimates, value engineering services, computer-aided design and drafting (CADD), and post-construction contract services (PCCS) for Building 53 that includes the abatement of hazardous materials, repairing structural and architectural deficiencies, modernizing building systems to create an efficient and comfortable working environment, and improving interior spaces to allow for backfill with federal agencies. Space alterations shall support each department’s mission of excellence by developing a gathering place that facilitates a rich professional and community life. The interior space plan should achieve optimal efficiencies in the use and organization of spaces, circulation and core functions. Daylighting strategies such as skylights and floor penetrations created by modification of the roof and floor structure should be considered to bring additional light into the core of the building. Enclosed offices, conference spaces, huddle rooms, and phone booths that require walls shall be placed near the core so that natural daylight will not be blocked. Glass walls and partitions can be used to transmit light. Each directorate’s program will determine the number of conference spaces, huddle rooms, phone booths, reception areas, etc. New enclosed offices, meeting rooms, etc.

will be required. This can be achieved by fixed hard walls or demountable walls. The project is also to include GSA design standards for secure facilities; conformance to the P100 (Facility Standards for Public Buildings), including LEED certification; and customer agency requirements.

CONTRACT DESCRIPTION

A single firm fixed price contract will result from this solicitation.

http://www.sam.gov/

SELECTION CRITERIA

Evaluation Factors

1. Go / No-Go Factors- The following is a list of Go / No-Go factors:

a. The Firm must be a qualified small business.

b. As part of the proposal submission in Phase 2 under Factor 2, short listed firms must demonstrate (by attaching a copy of the relevant Colorado license in the proposal) that key personnel architects or engineers are licensed in their prospective professions to practice in Colorado.

2. Definition of a Similar Scope, Size and Complexity Project A similar project is defined as a renovation (construction valued at a minimum of $25,000,000) of an office building (consisting of 75,000 gsf or more) that includes one or more of the following scope items: consolidation of workspace with modern features;

introduction of significant daylighting features; or modernization of HVAC and plumbing systems.

3. Relative Importance - The following is a list of evaluation factors that will be used to identify the successful A/E Firm. There are separate evaluation factors for Phase 1 and Phase 2.

4. The factors are listed below by phase with their relative weights:

a. Evaluation Criteria is provided in descending order of importance.

PHASE 1 EVALUATION CRITERIA:

FACTOR 1 - PAST PERFORMANCE ON DESIGN:

Submission Requirement: This factor considers the A/E Firm’s past performance on design for Similar Projects. The A/E Firm(s) will submit a portfolio of not more than five ‘Similar Projects’ completed in the last ten years since issuance of the solicitation (maximum of five pages per project). Any pages that exceed the 5 pages per project (maximum 25 pages) will not be reviewed. The narrative shall address the design approach with salient features for each project and discuss how the client's program, budget, schedule, and operational objectives were satisfied by the overall design/planning solution. Designs are considered completed if the design drawings achieved 100% construction documents.

Project narratives should comment on the relevance of submitted projects to the GSA project, including interior workplace and consolidation design; modernization of HVAC, electrical and plumbing systems; and design in occupied buildings for multiple tenants with competing interests. For each Similar Project, provide a client reference contact including name, title, current phone number, and current email address.

This section of the submission should include tangible evidence such as certificates, awards, peer recognition, or other documentation demonstrating design excellence.

A representative floor plan, rendered views, or other appropriate drawings, and a minimum of two photographs must be included for each project.

FACTOR 2 - PHILOSOPHY AND DESIGN INTENT:

Submission Requirement: In the lead designer’s words (maximum of two pages), as related to this project, address the following:

a. the parameters of an overall design philosophy,

b. their approach to the challenge of renovating an existing building,

c. parameters that may apply in creating an attractive and productive workplace,

d. Commitment to integrated and sustainable design.

**Any pages that exceed the 2 pages will not be reviewed.

FACTOR 3 - LEAD DESIGNER PORTFOLIO (25%):

Submission Requirement: The purpose of this factor is to evaluate the lead designer’s design past performance on Similar Projects for which the lead designer completed the design within the last ten years since issuance of the solicitation. Submit a portfolio representative of the lead designer’s ability to provide design excellence on Similar Projects.

Address the lead designer’s participation in each project and submit a portfolio of up to three (3) Similar Projects (maximum of five pages per project) completed by the lead designer within the last ten years since issuance of the solicitation (maximum of five pages per project). For each Similar Project submitted under this factor, the lead designer should have had the primary responsibility for developing the design. Any pages that exceed the 5 pages per project (maximum 15 pages) will not be reviewed.

Each project narrative should include reference contact information (name, telephone number, email address) of each Similar Project, and the A/E firm should demonstrate

a. at least a satisfactory record for design excellence on Similar Projects (for which the lead designer completed the design within the last ten years since issuance of the solicitation)

b. innovative and creative design for solving functional program and budget requirements on the Similar Projects (for which the lead designer completed the design within the last ten years since issuance of the solicitation).

Include tangible evidence such as certificates, awards, peer recognition, etc., demonstrating design excellence. Where there is duplication with Factor 1 - Past Performance on Design, the lead designer shall address his or her participation in the Similar Project.

Information provided may be confirmed during the interview or by other means, including reference contacts or CPARS.

FACTOR 4 - LEAD DESIGNER PROFILE:

Submission Requirement: This factor considers:

a. the lead designer’s professional experience in design on Similar Projects (for which the lead designer completed the design within the last ten years since issuance of the solicitation),

b. the lead designer’s design responsibility for each such Similar Project, and

c. the lead designer’s commitment to design excellence for each Similar Project.

Submit a biographical sketch (maximum of three pages) demonstrating, for the Similar Projects, the lead designer’s design efforts inclusive of the portfolio examples. Identify and describe the lead designer’s areas of responsibility and design excellence commitment to each Similar Project. The A/E firm should submit at least two Similar Projects for which the lead designer completed the design within the last ten years since issuance of the solicitation. For each Similar Project submitted under this factor, the lead designer should have had the primary responsibility for developing the design. Any pages that exceed three (3) pages will not be reviewed.

For each Similar Project, the A/E firm should submit reference contact information (name, telephone number, email address). Information provided may be confirmed during the interview or by other means, including reference contacts or CPARs.

. NOTE:

All documentation will be in an 8 1/2" x 11" format.

The portfolio should include the following:

o a cover letter referencing the FedBizOpps announcement;

o brief description of the Firm and its location, organizational makeup, and noteworthy accomplishments;

o Standard Form 330 Architect Engineer Qualifications Part II;

o Responses to the submission requirements and evaluation criteria listed.

Identification of team members, other than the lead designer(s), is not required at this phase.

After evaluations of Phase 1 criteria are complete, the most highly qualified Firms (minimum of three (3), but no more than six (6) Firms) will be identified and shortlisted. The shortlisted Firms will be invited to participate in Phase 2 of the selection process. Shortly after sending the shortlist letters and announcing the shortlisted Firms, a detailed interview letter will be sent to each shortlisted Firm. This letter will specify the date, location and time frame of the interview, the Phase 2 submission requirement(s), the cutoff date for the submission, and the types of materials that may be used for the presentation, required handouts, and key presentation and interview issues. The Phase 2 evaluation criteria apply to both the written qualification and interviews.

PHASE 2 EVALUATION CRITERIA:

Submission Requirements The shortlisted lead designers and associated A/E firms will be notified and asked to submit more detailed information indicating each member of the design team, including all outside consultants. Sufficient time will be provided for the lead designer and associated A/E design firm to establish its team. The firms will be required to complete Standard Form 330 Architect Engineer Qualifications Parts I and II that reflect the entire design team. The government will establish the detailed evaluation criteria and the date that these submittals are due and provide the selection criteria for the interviews along with the Phase 1 shortlist announcement.

The board will interview each team. Candidates should be prepared to discuss all aspects of the criteria indicated above and evaluation criteria as established for Phase 2, and demonstrate their ability to fulfill all project requirements. Emphasis will be placed on the lead designer-A/E team’s understanding of the unique aspects of the project, their design philosophy, project management process, and quality assurance plan. Responses to the evaluation criteria and interview questions will be used to rank the Lead Designer A/E Teams.

F. Format of Proposals and Submission Requirements

1. A/E Firms are required to submit proposals for Phase 1 as delineated below:

All documentation will be in an 8 1/2" x 11" format.

The portfolio should include the following:

o a cover letter referencing the FedBizOpps announcement;

o brief description of the Firm and its location, organizational makeup, and noteworthy accomplishments;

o Standard Form 330 Architect Engineer Qualifications Part II;

o Responses to the submission requirements and evaluation criteria listed.

Identification of team members, other than the lead designer(s), is not required at this phase.

Mailed proposals must be received by the Government by the proposal closing date and time specified in the RFQ.

2. Number of Copies: All submissions shall contain 7 hard copies and 1 flash drive of the documentation required. Mailed submissions shall be received by the Government by the proposal closing date and time specified in the RFQ and/or interview letter. No electronic submissions will be accepted.

Proposal Mailing Address:

U.S. General Services Administration Denver Federal Center Building 41, Room 240 Lakewood CO 80225 Attn: Len Wilson

G. Negotiations

In accordance FAR 36.6, the A/E Evaluation Board will prepare a ranking of the A/E Firms with supporting documentation and recommendations. This ranking will be based on the written submittals and interviews from Phase 1 and Phase 2. The official record of this evaluation and the preferred A/E Firm will be contained in a report submitted to the GSA Selection Authority.

H. Final Selection

After final selection has taken place, the contracting officer may release information identifying only the architect-engineer Firm with which a contract will be negotiated for certain work. The work should be described in any release only in general terms, unless information relating to the work is classified. If negotiations are terminated without awarding a contract to the highest rated Firm, the contracting officer may release that information and state that negotiations will be undertaken with another (named) architect-engineer Firm. When an award has been made, the contracting officer may release award information.

Primary Point of Contact Len Wilson, Contracting Officer

One Denver Federal Center Bldg. 41

P.O. Box 25546 (8P2PM)

Denver, CO 80225-0546

303 594-9195

Email: Len.wilson@gsa.gov

Secondary Point of Contact John Kelley, Contract Specialist

One Denver Federal Center Bldg. 41

P.O Box 25546 (8PSDW)

Denver, CO 80225-0546

Phone 720-454-9582

Email john.kelley@gsa.gov

Place of Performance

Address: Denver Federal Center, Building 53

West 6th Avenue and Kipling Street

Lakewood, CO 80225

Pre-Proposal Conference There is no Pre-Proposal Conference for Phase 1. A Pre-Proposal Conference may be scheduled for Phase 2.

SOLICITATION PROVISIONS

FAR.52.252.1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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: https://acquisition.gov/far/current/html/52_200_206.html.

(End of Provision)

INCORPORATED BY REFERENCE:

FAR 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE

CERTAIN FEDERAL TRANSACTIONS (SEP 2007)

FAR 52.214-7 LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS.

FAR 52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE EVALUATION

(FEB 1999)

FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

FAR 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN

ACTIVITIES OR TRANSACTIONS RELATING TO IRAN -REPRESENTATION AND

CERTIFICATIONS (DEC 2012)

INCORPORATED IN FULL TEXT:

FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2014)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 541310

– Architectural Services.

(2) The small business size standard is $7 Million.

(3) 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.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is https://acquisition.gov/far/current/html/52_200_206.html http://acquisition.gov/far/current/html/52_200_206.html#wp1137850 http://acquisition.gov/far/current/html/52_200_206.html#wp1137850 http://acquisition.gov/far/current/html/52_200_206.html#wp1137583 contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, 2010, or 2012.

(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xvi) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvii) 52.225-4, Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate.

(Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $79,507, the provision with its Alternate II applies.

(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.

(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations http://acquisition.gov/far/current/html/FARTOCP13.html#wp271421 http://acquisition.gov/far/current/html/52_200_206.html#wp1137684 http://acquisition.gov/far/current/html/52_200_206.html#wp1137777 http://acquisition.gov/far/current/html/52_200_206.html#wp1137850 http://acquisition.gov/far/current/html/52_200_206.html#wp1149919 http://acquisition.gov/far/current/html/52_207_211.html#wp1144766 http://acquisition.gov/far/current/html/52_207_211.html#wp1144909 http://acquisition.gov/far/current/html/52_214.html#wp1129381 http://acquisition.gov/far/current/html/52_215.html#wp1144523 http://acquisition.gov/far/current/html/52_217_221.html#wp1135900 http://acquisition.gov/far/current/html/52_217_221.html#wp1135943 http://acquisition.gov/far/current/html/52_222.html#wp1147663 http://acquisition.gov/far/current/html/52_222.html#wp1147711 http://acquisition.gov/far/current/html/52_222.html#wp1147704 http://acquisition.gov/far/current/html/52_222.html#wp1147711 http://acquisition.gov/far/current/html/52_222.html#wp1148142 http://acquisition.gov/far/current/html/52_223_226.html#wp1168785 http://acquisition.gov/far/current/html/52_223_226.html#wp1168786 http://acquisition.gov/far/current/html/52_223_226.html#wp1168826 http://acquisition.gov/far/current/html/52_223_226.html#wp1169013 http://acquisition.gov/far/current/html/52_223_226.html#wp1168995 http://acquisition.gov/far/current/html/52_223_226.html#wp1169071 http://acquisition.gov/far/current/html/52_223_226.html#wp1169038 http://acquisition.gov/far/current/html/52_223_226.html#wp1169193 containing the clause at 52.225-5.

(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in

Sudan— Certification. This provision applies to all solicitations.

(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or

Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to—

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.219-22, Small Disadvantaged Business Status.

(A) Basic.

(B) Alternate I.

(ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iii) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.

(iv) 52.222-52, Exemption from Application of the Service Contract Act to Contracts for

Certain Services–Certification.

(v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products (Alternate I only).

(vi) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201);

except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. 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.

FAR Clause # Title Date Change

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 on SAM.

(End of provision)

FAR 52.209 – 5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that—

(i) The Offeror and/or any of its Principals—

(A) Are o are not o presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have o have not o, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with http://acquisition.gov/far/current/html/52_223_226.html#wp1169151 http://acquisition.gov/far/current/html/52_223_226.html#wp1181379 http://acquisition.gov/far/current/html/52_223_226.html#wp1188714 http://acquisition.gov/far/current/html/52_223_226.html#wp1169667 http://acquisition.gov/far/current/html/52_217_221.html#wp1136333 http://acquisition.gov/far/current/html/52_217_221.html#wp1143559 http://acquisition.gov/far/current/html/52_222.html#wp1160855 http://acquisition.gov/far/current/html/52_222.html#wp1152427 http://acquisition.gov/far/current/html/52_222.html#wp1155404 http://acquisition.gov/far/current/html/52_223_226.html#wp1168892 http://acquisition.gov/far/current/html/52_227.html#wp1139116 http://acquisition.gov/far/current/html/52_227.html#wp1145584 https://www.acquisition.gov/ http://acquisition.gov/far/current/html/Subpart%204_12.html#wp1073667 obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract;

violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are o are not o presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

(D) Have o, have not o, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has o has not o, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) “Principal,” for the purposes of this certification, 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).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an https://acquisition.gov/far/current/html/52_207_211.html#wp1144964 erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

52.209-7 Information Regarding Responsibility Matters (Feb 2012)

(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 Central Contractor Registration database via https://www.acquisition.gov (see 52.204-7).

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

As prescribed in 4.2004 , insert the following clause:

Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) https://www.acquisition.gov/ https://acquisition.gov/far/current/html/52_200_206.html#wp1137850 https://www.acquisition.gov/content/part-4-administrative-and-information-matters#id1897F0KE0VG

(a) Definitions. As used in this clause—

“Covered article” means any hardware, software, or service that–

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

“Covered entity” means–

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from—

(1) Providing any covered article that the Government will use on or after October 1, 2018; and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement.

(1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

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

(i) Within 1 business day from the date of such identification or notification: the contract number;

the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) 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 a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

https://dibnet.dod.mil/

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

(End of clause)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

As prescribed in 4.2105(a), insert the following provision:

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019)

(a) Definitions. As used in this provision—

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

(b) 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—

(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) Representation. The Offeror represents that—

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.

(d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph (c) of this provision, the Offeror shall provide the following information as part of the offer

(1) All covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number;

and item description, as applicable);

(2) 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;

(3) 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

(4) 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).

https://www.acquisition.gov/content/part-4-administrative-and-information-matters#id1989H0G40RF https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#unique_44939065

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

As prescribed in 4.2105(b), insert the following clause:

Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019)

(a) Definitions. As used in this clause—

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

“Covered telecommunications equipment or services” means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

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

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

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

“Critical technology” means–

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

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

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

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

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

https://www.acquisition.gov/content/part-4-administrative-and-information-matters#id1989H0G40RF

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of…