69056721Q000060.pdf

REQUEST FOR QUOTATION (RFQ)

Issuing Office: United States Department of Transportation

Federal Highway Administration (FHWA) Western Federal Lands Highway Division 610 E Fifth Street

Vancouver, WA 98661-3801

Agency Contact: Doug Taylor, Contract Specialist Telephone: (360) 619-7738 Email: WFL.Purchasing@dot.gov

Solicitation Number: 69056721Q000060

Title: Under-Bridge Inspection Vehicle (UBIV) rental with qualified driver and operator and traffic control services

Solicitation Release Date: 8/31/2021

Technical Questions Due Date: Tuesday, 9/07/2021, at 4:00pm PT

Quotation Due Date: Thursday, 9/09/2021, at 1:00pm PT

SECTION A – RFQ INFORMATION AND

INSTRUCTIONS FOR PREPARATION OF QUOTATIONS

1. RFQ INFORMATION

This is an OPEN-MARKET Firm Fixed Price (FFP) RFQ for Under-Bridge Inspection Vehicle (UBIV) rental with a qualified UBIV driver, qualified UBIV operator, and traffic control services to assist the Western Federal Lands Highway Division (WFLHD) bridge department with eight

(8) Fracture Critical Bridge Inspections performed for the Bureau of Land Management (“BLM”)..

This combined synopsis/solicitation is prepared in accordance with Federal Acquisition Regulation (FAR) Subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items, in conjunction with the policies and procedures for solicitation, evaluation, and award as prescribed in FAR 13, Simplified Acquisition Procedures. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2021-06 dated 7/12/2021.

This solicitation is a TOTAL SMALL BUSINESS SET-ASIDE solicitation and the North American Industry Classification System (NAICS) code is 532490 with an industry size standard of $35.0 million and the associated Product Service Code (PSC) is W038.

A responsible quoter is one whose quotation conforms to the solicitation and will be most advantageous to the Government. It is the contractor’s responsibility to be familiar with applicable clauses and provisions. FAR Provisions and Clauses may be viewed and/or downloaded from https://www.acquisition.gov/?q=browsefar.

All contractors are reminded that, in accordance with FAR 52.204-7, System for Award Management (SAM), they must be registered and active in the www.SAM.gov database PRIOR to submission of a quote or offer.

Due to Federal Acquisition Regulation (FAR) changes effective 10/26/2020, it is recommended that all vendors update their www.SAM.gov registration to respond to the most current Representations and Certifications.

2. QUOTATION FORMAT

Quotations shall be submitted electronically as Adobe (.pdf) files and documents shall not contain any security restrictions (e.g. password protection) that prevent the Government from distributing and printing the document.

The Contractor shall address an understanding of logistics, schedule, and any other miscellaneous issues of which the Government should be aware. The Contractor shall indicate if any technical assumptions have been made, conditions have been stipulated or exceptions have been taken with the Government Description of Requirement as written. If technical assumptions are not noted, it will be assumed that the vendor’s quote reflects no technical assumptions for award and agrees to comply with all of the terms and conditions set forth herein.

A. Do not include marketing materials or letters of support/recommendation.

B. All text, including in tables and graphs, shall be a font size no less than 12-point font. Text in any images must be legible when printed.

C. Page margins shall be a minimum of 1 inch on each side, (top and bottom, left and right).

D. Quotations MUST include:

i. Price quote in the format of the Schedule of Items table in Section B -or- the same information on a similar, vendor-generated price quote sheet which includes your Unique Entity Identifier (DUNS); and

ii. Completed Offeror Work Experience Form(s) (Attachment 0001) -or- a similar vendor-generated document which shall provide evidence of three (3) years relevant experience in the last five (5) years and shall include:

(1) a short description of the work;

(2) the dates of work performance;

(3) the name of the client; and

(4) a contact phone number and email address so a reference check can be conducted;

and

iii. A statement that the offeror has completed the annual representations and certifications electronically in www.SAM.gov and, 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 Items, 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.

(1) If changes need to be made to what is posted in www.SAM.gov, the offeror shall provide a completed copy of FAR Provision 52.212-3 (see page 18) , as applicable;

and

iv. A completed copy of the FAR Provision 52.204-24 (see page 16), if necessary; and

v. A completed copy of the Representation and Certifications at TAR 1252.237-71 (see page 34); and

vi. Acknowledgement of all solicitation amendments, if any.

E. Include the following mandatory business information regarding your company in the body of the cover email message or as a cover page to the solicitation response:

i. Confirmation your company accepts government purchase orders

ii. Business Size (Small, Woman-Owned, Disadvantaged, Veteran-Owned, Hub-Zone, Large, Non-Profit, etc.)

iii. Payment Terms (Government Standard is NET 30)

3. EVALUATION METHOD AND BASIS FOR AWARD

In order to be considered for award, the offer must be determined to be technically acceptable.

The technical evaluation factors for this procurement are Lowest Price Technically Acceptable (LPTA). Criteria under the LPTA process are judged on a pass-fail basis only. No other rating or qualitative value will be assigned. To be determined technically acceptable, all factors must be acceptable to obtain a pass rating for the technical proposal. Award will be made to the lowest price, technically acceptable, responsible offeror, with satisfactory past performance. The contract resulting from this solicitation will be awarded based on the following:

A. Right to hold discussions: The Government intends to award without discussions;

however, the Government reserves the right to enter into discussions if determined necessary.

B. Source Selection Evaluation Process: The lowest priced quote will be considered as the quote offering the lowest price on the Schedule of Items grand total for the base and all options. The lowest priced quote will be evaluated and, if the lowest priced quote is determined to be technically acceptable, no other quote(s) will be evaluated. If the lowest priced quote is determined to NOT be technically acceptable, the next lowest priced quote will be evaluated. This process will continue until the lowest priced, technically acceptable quote is identified.

C. The Government will award: A purchase order resulting from this solicitation will be issued to the lowest evaluated price technically acceptable quote. The following factors shall be used to evaluate offers:

i. FACTOR 1 – Price;

ii. FACTOR 2 – Technical Compliance with Solicitation Requirements;

iii. FACTOR 3 – Ability to Meet Schedule Requirement;

iv. FACTOR 3 – Relevant Past/Present Experience

v. FACTOR 4 – Relevant Past/Present Performance

By submission of its quote, the contractor accepts all terms and conditions, representations and certifications, and technical requirements. The Government intends to select ONE Contractor for award of this requirement.

4. EVALUATION CRITERIA

The following criteria shall be used to evaluate the Offeror’s ability to meet all requirements identified in the SOW:

A. Factor 1 – Price: Offeror must submit pricing in the format of the Contract Line Item

Number (CLIN) Structure table shown in Section B -or- the same information on a similar, vendor-generated price quote sheet which includes your Unique Entity Identifier (DUNS).

The Government will evaluate the quoted price to determine that the price is valid, realistic, fair and reasonable as well as consistency and understanding of the SOW requirements.

The Government may reject any offer that is evaluated to be unrealistic in terms of program commitments, including contract terms and conditions, or unrealistically high or low in cost/price, or are unbalanced, such that the offer is deemed to reflect an inherent lack of competence or failure to comprehend the technical requirements.

Award will be made to the Offeror found to be technically acceptable that offers the lowest total price submitted.

B. Factor 2 – Technical Compliance with Solicitation Requirements: Offeror must submit ALL items identified in Section B, paragraph 2 of the solicitation. Quoters will be evaluated on a pass/fail basis with respect to this evaluation factor.

i. Technically Acceptable: Provided ALL required information as identified in Section

B, paragraph 2 of the solicitation.

ii. Technically Unacceptable: Did NOT provide all required information as identified in Section B, paragraph 2 of the solicitation.

C. Factor 3 – Ability to Meet Schedule Requirement: Offeror must be able to provide the required services during the performance window as stated in Section C. Quoters will be evaluated on a pass/fail basis with respect to this evaluation factor.

i. Technically Acceptable: Offer meets the schedule requirement as identified in Section

C, paragraph 2 of the solicitation.

ii. Technically Unacceptable: Offer does NOT meets the schedule requirement as identified in Section C, paragraph 2 of the solicitation.

D. Factor 3 – Relevant Past/Present Experience: Offeror must furnish, with its offer, Offeror Work Experience Form(s) (Attachment 0001), or a similar vendor-generated document, providing information on individual contract(s) to indicate a minimum of three

(3) years of relevant experience during the last five (5) years that involve the Offeror providing similar UBIV rental and operation services. FHWA reserves the right to contact such references directly and use such information in determining satisfactory relevant experience. The Government will evaluate how much experience an offeror has performing work similar in nature, magnitude, and complexity. Relevant experience, unlike past performance, is not limited to the past three years.

i. Technically Acceptable: Provided required information and offeror has a minimum of three (3) years of relevant experience during the last five (5) years providing similar UBIV rental and operation services.

ii. Technically Unacceptable:

(1) Did not provide required information; or

(2) Information provided does not substantiate a minimum of three (3) years of relevant experience during the last five (5) years providing similar UBIV rental and operation services

E. Factor 4 – Relevant Past/Present Performance: The Offeror’s relevant past performance provides assurance that the contractor will meet or exceed all solicitation requirements. The Offeror’s relevant past performance should demonstrate that within the past three years they have successful past performance managing, staffing, and recruiting personnel in order to meet and perform contract requirements.

Evaluation of past performance may be based on information obtained from references submitted by the offeror as well as information obtained from other sources such as CPARS, FAPPIS, PPIRS, SAM and any other sources deemed necessary by the Contracting Officer. Only ongoing contracts and contracts completed within the past three years will be evaluated with respect to past performance. Offerors that lack relevant past performance will be evaluated neither favorably nor unfavorably on past performance.

Offerors are strongly encouraged to have a minimum of three (3) customers complete the Past Performance Reference Questionnaire (Attachment 0002) and submit such surveys to FHWA via e-mail WFL.Purchasing@dot.gov with the subject line “69056721Q000060 Past Performance Review for < insert vendor name >”

i. Technically Acceptable: Based on the Government’s review the contractor:

(1) Evaluation(s) reflect no more than 1 marginal and no unsatisfactory ratings and the CO has no other information that would lead the CO to conclude that there are significant problems with Offeror’s past performance; or

(2) Past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror shall be determined to have unknown (or neutral) past performance.

ii. Technically Unacceptable: Based on the Government’s review the contractor:

(1) Evaluation(s) received reflect more than 1 marginal or 1 or more unsatisfactory ratings; or

(2) The CO has other information that would lead the CO to conclude that there are significant problems with Offeror’s past performance.

5. INSTRUCTIONS FOR SUBMISSION OF QUOTATIONS

Quotations shall be submitted as Adobe (.PDF) file via email in a SINGLE email whose size shall not exceed 20 Megabytes to WFL.Purchasing@dot.gov.

The Government reserves the right to request such additional information as may be necessary to determine the offeror’s qualifications for award or to clarify any aspects of the technical and/or cost/price submissions. Such information shall be furnished promptly upon the Government’s request.

Offerors shall not be reimbursed the costs of developing a quote for this RFQ.

NOTE: Failure to furnish all information required above may result in your quotation being considered non-responsive and eliminated from further consideration.

The timeliness of a quote is determined by the date and time of receipt. It is the Quoter’s responsibility to ensure that the quotation submission email is received by the designated cut-off date and time. Early submission is encouraged.

This is an electronic procurement. Hard copies of the quotations will not be accepted.

Please reference the RFQ number in the subject line of any e-mails related to this procurement.

SECTION B –SCHEDULE OF ITEMS

The Contractor shall furnish all supplies/services to perform the tasks described under this purchase order in support of the mission of the FHWA.

ITEM DESCRIPTION QTY TOTAL PRICE

Under-Bridge Inspection Vehicle (UBIV) rental with qualified UBIV driver/operator and traffic control services during the period 9/20/2021 – 10/01/2021

1 LS $

NOTE: Unless otherwise negotiated and approved, the contractor will be paid the FFP upon successful completion and Government acceptance. The contractor may also request milestone payments in accordance with work completed and accepted by the Government. Satisfactory completion and acceptance will be made by the Government Technical Point of Contact (TPOC).

Unique Entity Identifier (DUNS):

SECTION C – STATEMENT OF WORK (SOW)

1. INTRODUCTION

The purpose of this contract is to procure an under-bridge inspection vehicle (UBIV), a qualified UBIV driver, a qualified UBIV operator, and traffic control services to assist the Western Federal Lands Highway Division (WFLHD) bridge department with eight (8) Fracture Critical Bridge Inspections performed for the Bureau of Land Management (BLM).

2. LOCATION

All inspections will occur within the jurisdiction of the BLM Northwest Oregon district. There are four (4) bridges east of Salem, OR, three (3) bridges southwest of Eugene, OR, and one (1) bridge east of Bend, OR. The approximate latitude and longitude of the bridges is provided in the following table:

Structure No.

Structure Name Latitude Longitude County

2000-027S SPUR #4 BRIDGE 43.603889 -123.747500 Douglas 3000-038S SIUSLAW BEND ROAD BRIDGE 43.904389 -123.544958 Lane 6000-005 DEER CREEK BRIDGE 44.191944 -119.526389 Douglas 7000-032S MARTIN CREEK BRIDGE 43.552778 -123.499722 Douglas

8000-045S

SOUTH FORK MOLALLA RIVER

BRIDGE, U/S

45.081389 -122.485000 Clackamas

8000-046 LUKENS CREEK BRIDGE #1 45.071667 -122.353889 Clackamas 8000-047 LUKENS CREEK BRIDGE #2 45.060833 -122.286944 Clackamas 8000-051S INDIAN PRAIRIE CREEK BRIDGE 44.687222 -122.542500 Linn

3. WORK REQUIREMENT

The Contractor shall supply a UBIV, a qualified driver, and a qualified bucket operator. The Contractor shall provide traffic control and signage, including placement of signage, necessary to keep structure 8000-045S open during inspection. The Contractor shall provide and place signage necessary to close all other structures during inspection. All traffic control and signage must conform to the Manual on Uniform Traffic Control Devices (MUTCD). All bridge inspection work will be performed by WFLHD personnel.

The Contractor shall be responsible for all maintenance (e.g., oil changes and servicing) and all repairs of the UBIV.

Close coordination will be required between the Contractor and WFLHD to perform the inspections efficiently. This work is expected to take approximately five (5) consecutive days (Monday – Friday) and approximately 60 hours.

4. EQUIPMNT REQUIREMENT

The UBIV shall meet the following requirements:

A. Must be able to place bridge inspectors at least 16 feet below a bridge handrail and up to 20 feet under the bridge.

B. Must be capable of placing bridge inspectors at least 10’ vertically through the horizontal cross bracing of a deck truss with a maximum clearance of 6’ x 6’.

C. Must be capable of working off only one side of the bridge.

D. Must be capable of travel on paved and unpaved road surfaces in remote mountainous areas. Some roads may have steep grades, sharp curves, pot holes and/or loose gravel.

E. Must have the ability to operate in, around, through and over all types of obstructions including bridge trusses and girders.

F. The system shall be able to be deployed, reaching across sidewalks and over fences to gain access to under bridge areas.

G. Must have a secondary emergency procedure to extract personnel to the bridge deck or ground below from the bucket in a situation where main power or hydraulics systems to the crane are lost.

H. Must be able to set up, deploy, and operate the UBIV within a 12’ wide lane.

I. Must provide a communication system between the driver and the operator.

5. PERIOD OF PERFORMANCE

All work must be performed during one of the following:

September 20 – 24, 2021; or September 27 – October 1, 2021

The Contractor may select, in its quotation submission, the week that best fits its schedule.

6. INSPECTION AND ACCEPTANCE

All supplies and/or work hereunder shall be subject to review by the Government. The Technical Point of Contact (TPOC) is responsible for inspection and acceptance of all incoming shipments, documents, and services. Acceptance of the final deliverables shall be made in writing by the

TPOC.

7. AUTHORITY TO OBLIGATE THE GOVERNMENT

The Contracting Officer is the only individual who can legally commit or obligate the Government to the expenditure of public funds. No cost chargeable to the proposed task order can be incurred before receipt of a fully executed task order or specific authorization from the Contracting Officer.

8. PAYMENT FOR UNAUTHORIZED WORK

No payments will be made for any unauthorized supplies and/or services or for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of their own volition or at the request of an individual other than a duly appointed Contracting Officer. Only a duly appointed Contracting Officer is authorized to change the specifications, terms, and conditions under this effort.

9. PAYMENT AND PROPER SUBMISSION OF PAYMENT REQUEST(S)

9.1 Payment

Payment for the delivery order shall be provided under the lump sum quote amount.

Compensation is full payment for performing all contract work in a complete and acceptable manner. All risk, loss, damage, or expense arising out of the nature or prosecution of the work is included in the compensation provided by the lump sum quote amount.

9.2 Proper Submission of Payment Request(s)

Invoices

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001.

(2) Payment request means a bill, voucher, invoice, or request for contract financing payment or invoice payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices,” this clause, and the applicable Payment clause included in this contract.

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests.

(4) Invoice payment has the meaning given in FAR 32.001.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the Contractor shall submit payment requests in electronic form. Purchases paid with a Governmentwide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) The Department of Transportation utilizes the Delphi e-Invoicing web-portal for processing invoices. For vendors submitting invoices, and certain grantees submitting payment requests, they will be required to submit invoices via Delphi e-Invoicing which is accessed and authenticated via www.login.gov

(d) In order to receive payment and in accordance with the Prompt Payment Act, all invoices submitted as attachments in the Delphi e-Invoicing web-portal shall contain the following:

(1) Invoice number and invoice date.

(2) Period of performance covered by invoice.

(3) Contract number and title.

(4) Task/Delivery Order number and title (if applicable).

(5) Amount billed (by CLIN), current and cumulative.

(6) Total ($) of billing.

(7) Cumulative total billed for all contract work to date.

(8) Name, title, phone number, and mailing address of person to be contacted in the event of a defective invoice.

If the contract includes allowances for travel, all invoices which include charges pertaining to travel expenses will catalog a breakdown of reimbursable expenses with the appropriate receipts to substantiate the travel expenses.

(e) Payment system registration. All persons accessing the Delphi e-Invoicing web-portal will be required to have their own unique user Delphi e-Invoicing ID and password and be credentialed through login.gov.

(1) Electronic authentication. See www.login.gov for instructions. Click on the following link for instructions on establishing a login.gov account: https://login.gov/help/creating-an-account/how-to-create-an-account/

(2) To create a login.gov account, the user will need a valid email address and a working phone number. The user will create a password and then login.gov will reply with an email confirming the email address.

(3) Vendor POC’s who require access to the e-Invoicing web-portal for invoice submission and payment tracking purposes shall complete and return the e-Authorization Application Form (see Attachment 0003) to initiate the Delphi e-Invoicing web-portal account.

Vendor users and the agency POC will be notified via e-mail when the account is created and the vendor user will be provided detailed instructions for logging into their Delphi e- Invoicing account.

If the Vendor has any general questions or issues accessing the iSupplier web-portal, please have them contact the ESC iSupplier helpdesk either at:

https://einvoice.esc.gov/ Call Delphi helpdesk at 1-866-641-3500, option #4, then option #3

(4) Training on Delphi. To facilitate use of DELPHI, comprehensive user information is available at http://einvoice.esc.gov.

(5) Account Management. Vendors are responsible for contacting the Delphi Help Desk when their firm’s points of contacts will no longer be submitting invoices so they can be removed from the system. Instructions for contacting the Delphi Help Desk can be found at http://einvoice.esc.gov.

To add new points of contacts, Vendors are to submit the name(s), email address(es) and phone number(s) to HCFA-10@dot.gov

Account Management

If a user ID becomes inactive/times out due no activity by the POC, the Vendor shall contact HCFA-10@dot.gov with the full name, title, phone number, e-mail address, and user ID of the POC to be reactivated. To prevent being timed out due to no-activity, users should login once within 45 days of their last login.

Waivers

The Department of Transportation Financial Management officials may, on a case by case basis, waive the requirement to register and use the DELPHI e-Invoicing System. Waiver request forms can be obtained on the DELPHI e-Invoicing website (http://www.dot.gov/cfo/delphi-einvoicing-system.html) or by contacting the COR. All Vendors must explain why they are unable to use or access the Internet to register and enter payment requests.

All waiver requests shall be sent via mail to:

Director of the Office of Financial Management US Department of Transportation, B-30 Office of Financial Management, Room W93-431 1200 New Jersey Avenue SE Washington DC 20590-0001 or electronically to: DOTeInvoicing@dot.gov

The Director of the DOT Office of Financial Management will confirm or deny the request within approximately 30 days.

If a Vendor is granted a Waiver, Requests for Advance or Reimbursement and required supporting documents, shall be sent via regular U.S. Postal Service to the following address:

Federal Highway Administration Invoice Processing P.O. Box 268865 Oklahoma City, OK 73126-8865 Attention: Douglas Taylor

Invoices submitted via an overnight service or Express Delivery must use the following physical address:

MMAC

FHWA/AMZ-150

6500 MacArthur Blvd.

Oklahoma City, OK 73169 Attention: Ryan Wisniewski (405) 954-8252

All invoices, regardless of submission method, must identify the Contract Specialist as the invoicing point of contact.

Final Invoices

For firm-fixed-price (FFP) contracts where supplies are delivered or services are performed, the final invoice is not subject to further contract settlement actions between the Government and the Contractor.

10. CLOSEOUT OF CONTRACT FILES

The Government will initiate the administrative closeout of the Delivery Order after receiving evidence that all technical requirements have been completed. The Contractor shall furnish all required documents in support of the closeout of this contract.

The Government anticipates the timeframe to complete administrative close out of this contract will not exceed 6 months. The costs incurred in the administrative closeout of task orders and contract files are unallowable direct costs under the contract and, therefore, cannot be charged as direct costs to the Government. Contractors are to handle such costs in accordance with their disclosure statements/cost accounting systems.

11. LIST OF ATTACHMENTS

Attachment 0001: Offeror Work Experience Form Attachment 0002: Past Performance Reference Questionnaire Attachment 0003: e-Authorization Application Form Attachment 0004: Wage Determinations – Clackamas County, OR Attachment 0005: Wage Determination – Douglas County, OR Attachment 0006: Wage Determination – Lane County, OR Attachment 0007: Wage Determination – Linn County, OR

SECTION D – SOLICITATION PROVISIONS

FEDERAL ACQUISITION REGULATION (FAR)

1. Incorporated by Reference

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 https://www.acquisition.gov/far.

52.204-7 -- System for Award Management (Oct 2018) 52.204-16 -- Commercial and Government Entity Code Reporting (Oct 2018) 52.204-22 -- Alternative Line Item Proposal (Jan 2017) 52.212-1 -- Instructions to Offerors—Commercial Items (Jul 2021)

(End of provision)

2. Full Text Provisions

52.203-98 -- Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-Representation (Feb 2015) (DEVIATION 2015-02)

(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(End of provision)

52.204-24 -- Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020)

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—

(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.

(End of provision)

52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Feb 2021)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

(a) Definitions. As used in this provision—

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

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

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

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

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following:

ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

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

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

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

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

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

Small business concern—

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

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

Small disadvantaged business concern, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

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

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2);

and

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

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern—

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

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

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

Women-owned small business concern means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

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

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

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

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

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

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

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

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

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it [ ] is, [ ] is not a small disadvantaged business concern as defined in 13 CFR124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The…