693JJ324Q000019.pdf

REQUEST FOR QUOTATION (RFQ)

Issuing Office:

Agency Contact:

Solicitation Number:

Title:

Solicitation Release Date:

United States Department of Transportation Federal Highway Administration (FHWA) Office of Acquisition & Grants Management (HCFA) 1200 New Jersey Avenue, SE Washington, DC 20590-0001

Christina McMurtry, Contract Specialist Email: christina.mcmurtry@dot.gov

693JJ324Q000019

Advanced Presentation and Communication Training

3 April 2024

Technical Questions Due Date:

Quotation Due Date:

10 April 2024, 12pm MDT

17 April 2024, 12pm MDT

PART I

RFQ INFORMATION AND INSTRUCTIONS FOR PREPARATION OF QUOTATIONS

RFQ INFORMATION

This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation;

proposals are being requested and a written solicitation will not be issued.

This is an open-market Firm Fixed Price (FFP) RFQ. This solicitation is prepared in accordance with Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items, in conjunction with the policies and procedures for solicitation, evaluation, and award as prescribed in FAR 13, Simplified Acquisition Procedures. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2022-01.

This solicitation is a 100% Small Business Set-Aside, and the North American Industry Classification System (NAICS) code is 611430 with an industry size standard of $15.0M. 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 http://www.acquisition.gov/far.

All contractors must have a current active registration in the System for Award Management (www.SAM.gov) at the time of quote submission in order to be eligible to receive an award under this RFQ.

INSTRUCTIONS FOR PREPARATION OF QUOTATIONS

In responding to this RFQ, quotations MUST include the following:

1. Technical Quote: (Limited to 5 pages) Narrative discussion addressing the quoter’s technical approach and a description of how the Statement of Work requirements will be completed to include the following information:

a. Detailed technical approach and understanding to performing the work;

b. The offeror shall provide the title and a description of the duties their personnel will perform.

c. The Technical Proposal shall set forth any information that the Offeror wishes to bring to the attention of the Government.

d. Level of Effort table (table displaying labor categories and labor hours per task.(Names and cost information shall not be provided in the Technical Proposal.).

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.acquisition.gov%2Ffar%2Fpart-12%23FAR_Subpart_12_6&data=04%7C01%7CGuang.Zeng%40dot.gov%7C68957b5b50704ad2a1a708d903fb8ffe%7Cc4cd245b44f04395a1aa3848d258f78b%7C0%7C0%7C637545201247686703%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=TjJ31lOZijSyRTCBmMlSCkBGbs9NKPSGlWGUBN4SN%2Bs%3D&reserved=0 http://www.acquisition.gov/far http://www.sam.gov/

e. The Offeror shall show their instructional approach and products that will support the learning of highly experienced trainers and instructors.

f. Illustrate an ability to flexibly adapt existing materials to meet the needs of the audience.

2. Price Quote: Submitted pricing in the format of the Schedule of Service, Contract Line Item Number (CLIN) Structure table shown in Part II.

3. Organizational Information: Quotations shall include the following mandatory business information regarding your company in the body of the cover email message:

a. Confirmation your company accepts government purchase orders

b. Business Size (Small, Woman-Owned, Disadvantaged, Hub-Zone, Large, Non-

Profit, etc.)

c. Payment Terms (Government Standard is NET 30)

d. Unique Entity Identifier (UEI) and Electronic Funds Transfer (EFT) Indicator (if applicable):

e. Federal Tax Identification Number (TIN) (9-Digits)

f. Correct Mailing Address for the order (include name, telephone, email address);

Note: Mailing address and entity name shall match the information in www.sam.gov

g. Verification company information listed in the System for Award Management (SAM) current and accurate? https://www.sam.gov/SAM/

4. Instructions for Preparation of Quotations: Quotations shall be submitted electronically as Adobe (.pdf) files with the technical capability, pricing, and organizational information sections submitted in a SINGLE email whose size shall not exceed 10 Megabytes.

5. Evaluation of Quotations: The Government will evaluate quotes and make a best value award decision based on the following factors rated equally: (A) Technical Capability,

(B) Price, and (C) Past Performance. The ultimate award decision will be made based on a determination of overall best value, each of the three factors considered.

(A) Technical Evaluation Criteria:

1. The Offeror’s approach to performing the requirements and its capability to successfully perform the contract will be evaluated. Proposals will be evaluated based on the following:

a. The proposal includes a satisfactory technical approach for performing the requirements. The proposal will describe how the technical approach is tailored to and beneficial for highly experienced presenters.

b. The proposal includes an adequate and appropriate staff with the qualifications for and experience to perform the requirement.

c. Notably, the proposal includes a description of the expected professional (non-instructional) and instructional/presentation experience of people delivering the training to our audience.

http://www.sam.gov/ https://www.sam.gov/SAM/

d. The proposal includes a description of existing materials available in their catalog of products to meet the stated needs of the Government.

(B) Price Evaluation Criteria: The proposed total price from PART II will be evaluated to determined fair and reasonable IAW FAR 13.106.3. It is anticipated that competitive quotes will be used to determine price fair and reasonableness. The total price will be considered within the best value award decision. Award may be made to a quoter that does not provide the lowest priced quotes.

(C) Past Performance Criteria: Submission of past performance information is not required.

The Government will utilize past performance sources accessible to include Contractor Performance Assessment Reporting System (CPARS) at https://www.cpars.gov and information from SAM.gov, Responsibility and Qualifications. Offerors with no adverse information will be rated as Satisfactory. Offerors with adverse information will be rated as Unsatisfactory and will not be eligible for award.

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

https://www.cpars.gov/

PART II

SCHEDULE OF SERVICES

The Contractor shall furnish all supplies/services to perform the tasks described under this purchase order entitled, Advanced Presentation and Communication Training. The Contractor shall furnish all supplies/services in support of the mission of the FHWA.

This is FIRM-FIXED-PRICE Request for Quotation and Quoters shall quote a total price breakdown utilizing the CLIN chart below.

CLIN DESCRIPTION QUANTITY UNIT

PRICE PRICE

000101

Advanced Presentation and Communication Training

Pricing: Firm Fixed Price

Period of Performance: Two-day training during the week of September 23, 2024

1 $ $

TOTAL PRICE: $

NOTE: Unless otherwise negotiated and approved, the contractor will be paid the FFP of each CLIN 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 Task Order Contracting Officer’s Representative (TOCOR).

PART III

Resource Center, HIT

Statement of Work or Performance Work Statement

For

Advanced Communication and Presentation Training

1.0 Overview

This is a non-personal services contract or task order to provide Advanced Presentation/Communication Training. The Government will not exercise any supervision or control over the contract or task order service providers performing the services herein. Such service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government as defined in this Statement of Work (SOW). The Contractor shall perform to the standards herein.

1.1 Background

The RC Safety and Design Team (SHD) is a group of highly experienced and certified instructors and presenters. The SHD annually delivers as many as 150 training courses, 75 presentations, and 100 webinars. The team also leads and plays a significant role in peer exchanges and technical assistance activities that typically involve presentation delivery as well as facilitation. The SHD established a team goal for professional development received advanced presentation training for these highly experienced speakers.

1.2 Objective

Deliver advanced communication/presentation training to a highly skilled workforce to assist them in expanding their capabilities and challenge them to go beyond their already outstanding performance.

1.3 Detailed Requirement

The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to deliver a 2-day advanced presentation training course for up to 20 professionals. They will provide communication/presentation training for skilled and experienced professionals and to customize those materials if needed to meet any unique needs, practices or capabilities of the SHD.

Task 1: Kick-off meeting and Information on available training materials The Contractor must organize a virtual Kick-off Meeting between the Contractor and FHWA representatives within ten calendar days after the effective date of award. The Technical Point of Contact (TPOC) may afford additional time, if necessary, to accommodate Governmental scheduling conflicts. The Contractor shall provide information on available training materials (Course Portfolio or Course Catalog) for potential training topics and descriptions for the Government’s consideration. The Contractor will describe how the materials can be used directly or modified as necessary to meet the overall project objective. Specifics of the start and end dates and times for the training will be established. Within ten calendar days from the Kick-off Meeting, the Contractor must provide Kick-off Meeting Notes to the TPOC.

Task 2: Coordination/planning meeting with the SHD representative(s) The Contractor shall consult with the SHD on the agenda and to determine the most appropriate existing materials to be used in the training and whether or not if some modification will benefit the SHD. The meeting with SHD will take place within 6 weeks of task order award. The meeting will take place virtually or at a place, time and date convenient for all parties and with sufficient time provided to fully discuss options such that a firm plan is established to finalize the agenda and to ensure that Final Agenda will assure successful delivery. Within ten calendar days from the coordination/planning meeting, the Contractor must provide Meeting Notes to the TPOC.

Task 3: Draft Final Agenda

The Contractor shall deliver a draft final agenda for review and approval at least 10 days prior to the class start. The draft final agenda will reflect comments and direction from Task 2. The draft final agenda will either be approved by the Government or approved pending adjustments. The Government will provide comments and/or approval withing 3 calendar days. If adjustments are required, the Contractor will provide a revised final agenda within 2 calendar days and the Government will approve within 2 calendar days from receipt.

Task 4: Deliver Training The contractor shall deliver the training course over 2 days during the week of September 23, 2024. The material delivered will be consistent with the agreed upon agenda, qualified instructors and all appropriate handout or other materials. It will be delivered at the FHWA Western Federal Lands Office located at 610E. 5th St., Vancouver, Washington.

2.0 Period of Performance

Two-day training during the week of September 23, 2024.

3.0 General

N/A

3.1 Hours of Operation

Training course hours should be within employee work hours (7:00am – 5:00pm local time).

3.2 Place of Performance

The work to be performed under this task order (2-day training course) shall be performed at the FHWA Western Federal Lands Highway offices, 610 E. 5th St., Vancouver, Washington.

3.3 Physical Security

The Contractor shall be responsible for safeguarding all government equipment, information, and property provided for Contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

3.4 Special Qualifications

All instructors performing services under this Statement of Work shall have at least 10 years instructional experience and 10 years experience in a professional field of expertise.

3.5 Periodic Progress Meetings

If needed, an additional meeting or meetings can be held for the contractor to clarify training needs or to finalize draft agenda in order to meet the Government’s needs.

3.6 Identification of Contractor Employees

All contractor personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

3.7 Contractor Travel

Contract instructors shall be required to travel to Vancouver, WA to deliver the training course specified herein. Only travel approved at the time of award is authorized. All travel shall be IAW FAR 31.204-46.

3.8 Materials

The Contractor shall provide all online access to download any requested course materials or mail any hard copies prior to the start of class. The Government will not be required to provide any materials or supplies. The expectation is that workbooks and other course related materials must be provided in advance of the training so that FHWA employees may use the materials during and after the training for continued skill set enhancement. Materials should include a course completion certificate for all successful participants.

3.9 Organizational Conflict of Interest

Contractor and subcontract personnel performing work under this award may receive, have access to, or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.), or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the CO immediately whenever he/she becomes aware that such access or participation may result in any actual or potential OCI, and may merit the submittal of a plan to the CO to avoid or mitigate any such OCI. This mitigation plan would be determined to be acceptable solely at the discretion of the CO, and in the event the CO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may effect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

4.0 Government Furnished Equipment and Services

4.1 Services

The Government will provide organizational support to arrange training room(s), projectors, and flip charts/whiteboards, wifi, as needed.

4.2 Facilities

The Government will provide the training facility to be used for delivery of the 2-day course. The training room will be large enough to accommodate 25 people (20 participants and up to 4 instructors). If additional meeting space facilities are required, the Government will arrange them.

5.0 Attachment/Exhibit List

5.1 Exhibit 1

Performance Requirements Summary

5.2 Exhibit 2

Deliverables Schedule

5.3 Exhibit 3

Schedule of Services (To be included at award)

TECHNICAL EXHIBIT 1

PERFORMANCE REQUIREMENTS SUMMARY

The Contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective (The Service required— usually a shall statement)

Performance Standard

Performance Threshold (This is the maximum error rate.)

Method of Surveillance

PRS # 1.

The Contractor shall organize a kickoff meeting and provide information on available training materials that can be used to meet the overall project objective.

The Contractor organized the kickoff meeting and provided the required information within 10 days of task order award.

The information provided is complete and consistent with the proposal and the needs of the SHD.

Electronic file(s) deliv ered to Patrick Hasson (Patrick.hasson @dot.gov) or designee in the event of his absence.

PRS # 2

The Contractor shall consult with the SHD on the agenda.

The Contractor shall meet with the SHD to determine the most appropriate existing materials to be used in the training and consider if some modification will benefit the

SHD.

The contractor met with one or more members of the SHD within 6 weeks of task order award to discuss course content and possible modifications.

The meeting takes place at a time and date convenient for all parties and with sufficient time provided to fully discuss options such that a firm plan is established to finalize the agenda and to ensure that Final Agenda will assure successful delivery.

Meetings are arranged/coordi nated with Patrick Hasson and others as identified by Mr. Hasson.

PRS # 3

The Contractor shall deliver a draft final agenda for review and approval.

A draft final agenda that reflects comments and direction from PRS#2 is provided 10 business days prior to class start.

The draft final agenda is in hand and is either approved or approved pending adjustments.

Electronic file(s) deliv ered to Patrick Hasson (Patrick.hasson @dot.gov) or designee in the event of his absence.

PRS # 4

The contractor shall deliver the training course over 2 days during the week of September 23.

The 2-day training course is delivered and consistent with the agreed upon agenda, qualified instructors and all appropriate handout or other materials.

The course is delivered and suitable evaluations conducted.

In-person training complete.

Final evaluations delivered to Patrick Hasson (Patrick.hasso n@dot.gov) or designee in the event of his absence.

mailto:Patrick.hasson@dot.gov mailto:Patrick.hasson@dot.gov mailto:Patrick.hasson@dot.gov

TECHNICAL EXHIBIT 2

DELIVERABLES SCHEDULE

Deliverable Compliant Frequency

# of Copies Medium/Format

Submit To

Kickoff meeting and Information on available training materials

No Once

One electronic communicati on within 10 day of award.

MS Word or PDF

Patrick.has son@dot.g ov;

mark.docto r@dot.gov;

and Hillary.iseb rands@dot.

gov

Kickoff meeting notes

No Once One electronic copy

MS Word or PDF

Patrick.ha sson@dot.

gov;

mark.doct or@dot.go v; and Hillary.ise brands@d ot.gov

Task 2 Meeting Notes

No Once One electronic copy of meeting agenda

MS Word or PDF Patrick.has son@dot.g ov;

mark.docto r@dot.gov;

and Hillary.iseb

Draft final agenda

No Once One electronic copy

MS Word or PDF Patrick.has son@dot.g ov;

mark.docto r@dot.gov;

and Hillary.iseb

2-day No Once N/A Powerpoint, [Same as mailto:Patrick.hasson@dot.gov mailto:Patrick.hasson@dot.gov mailto:mark.doctor@dot.gov mailto:mark.doctor@dot.gov mailto:Hillary.isebrands@dot.gov mailto:Hillary.isebrands@dot.gov mailto:Hillary.isebrands@dot.gov mailto:Patrick.hasson@dot.gov mailto:Patrick.hasson@dot.gov mailto:Patrick.hasson@dot.gov mailto:mark.doctor@dot.gov mailto:mark.doctor@dot.gov mailto:mark.doctor@dot.gov mailto:Hillary.isebrands@dot.gov mailto:Hillary.isebrands@dot.gov mailto:Hillary.isebrands@dot.gov mailto:Patrick.hasson@dot.gov mailto:Patrick.hasson@dot.gov mailto:Patrick.hasson@dot.gov mailto:mark.doctor@dot.gov mailto:mark.doctor@dot.gov mailto:Hillary.isebrands@dot.gov mailto:Hillary.isebrands@dot.gov mailto:Hillary.isebrands@dot.gov mailto:Patrick.hasson@dot.gov mailto:Patrick.hasson@dot.gov mailto:Patrick.hasson@dot.gov mailto:mark.doctor@dot.gov mailto:mark.doctor@dot.gov mailto:Hillary.isebrands@dot.gov mailto:Hillary.isebrands@dot.gov mailto:Hillary.isebrands@dot.gov

Deliverable Compliant Frequency

# of Copies Medium/Format

Submit To training course.

Paper handouts, PDF, MS Word as appropriate.

above.]

PART IV

FEDERAL ACQUISITION REGULATION (FAR) AND TRANSPORTATION

ACQUISITION REGULATION (TAR) PROVISIONS AND CLAUSES

PROVISIONS

FAR PROVISIONS 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 (Aug 2020) 52.212-1 Instructions to Offerors -- Commercial Products and Commercial Services

(Nov 2021) 52.212-3 Offeror Representations and Certifications -- Commercial Products and

Commercial Services (Dec 2022)

FAR & TAR PROVISIONS IN FULL TEXT

52.204-24 Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment (Nov 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential https://www.acquisition.gov/far 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)

1252.237-71 -- Certification of Data (Nov 2022)

(a) The offeror represents and certifies that to the best of its knowledge and belief, the information and/or data (e.g., company profile; qualifications; background statements;

brochures) submitted with its offer is current, accurate, and complete as of the date of its offer.

(b) The offeror understands that any inaccurate data provided to the Department of Transportation may subject the offeror, its subcontractors, its employees, or its representatives to:

(1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) enforcement action for false claims or statements pursuant to the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. 3801-3812 and 49 CFR part 31 and/or; (3) termination for default or for cause under any contract resulting from its offer and/or; (4) debarment or suspension.

(c) The offeror agrees to obtain a similar certification from its subcontractors and submit such certification(s) with its offer.

Signature:

Date:

Typed Name and Title:

Company Name:

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 18 U.S.C. 1001.

(End of provision)

FAR CLAUSES INCORPORATED BY REFERENCE

52.252-2 -- Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at http://www.acquisition.gov/far

52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.212-4 Contract Terms and Conditions - Commercial Products and Commercial

Services (Dec 2022) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Nov

2021)

FAR & TAR CLAUSES IN FULL TEXT

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (Feb 2024)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115- 232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) ( 31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

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[Contracting Officer check as appropriate.]

__(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

__(2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) ( 41 U.S.C. 3509)).

__(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__(4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C.

4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

_X_(5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__(6) [Reserved].

__(7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111- 117, section 743 of Div. C).

__(8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_(9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

__(10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) ( Pub. L. 115–390, title II).

__(11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (DEC 2023) ( Pub. L. 115–390, title II).

__(ii) Alternate I (DEC 2023) of 52.204–30.

_X_(12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) ( 31 U.S.C. 6101 note).

__(13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) ( 41 U.S.C. 2313).

__(14) [Reserved].

__(15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) ( 15 U.S.C. 657a).

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__(16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__(17) [Reserved]

_X_(18) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) ( 15 U.S.C. 644).

__(ii) Alternate I (MAR 2020) of 52.219-6.

__(19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) ( 15 U.S.C. 644).

__(ii) Alternate I (MAR 2020) of 52.219-7.

__(20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) ( 15 U.S.C. 637(d)(2) and (3)).

__(21) (i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) ( 15 U.S.C. 637(d)(4)).

__(ii) Alternate I (NOV 2016) of 52.219-9.

__(iii) Alternate II (NOV 2016) of 52.219-9.

__(iv) Alternate III (JUN 2020) of 52.219-9.

__(v) Alternate IV (SEP 2023) of 52.219-9.

__(22) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) ( 15 U.S.C. 644(r)).

__(ii) Alternate I (MAR 2020) of 52.219-13.

__(23) 52.219-14, Limitations on Subcontracting (OCT 2022) ( 15 U.S.C. 637s).

__(24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__(25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) ( 15 U.S.C. 657f).

_X_(26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (FEB 2024) ( 15 U.S.C. 632(a)(2)).

__(ii) Alternate I (MAR 2020) of 52.219-28.

__(27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(m)).

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__(28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) ( 15 U.S.C. 637(m)).

__(29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) ( 15 U.S.C. 644(r)).

__(30) 52.219-33, Nonmanufacturer Rule (SEP 2021) ( 15U.S.C. 637(a)(17)).

_X_(31) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

__(32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB 2024).

_X_(33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

_X_(34) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

__(ii) Alternate I (FEB 1999) of 52.222-26.

__(35) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).

__(ii) Alternate I (JUL 2014) of 52.222-35.

_X_(36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793).

__(ii) Alternate I (JUL 2014) of 52.222-36.

_X_(37) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).

__(38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

_X_(39) (i) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 22 U.S.C. chapter 78 and E.O. 13627).

__(ii) Alternate I (MAR 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).

__(40) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in

FAR 22.1803.)

__(41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA– Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__(ii) Alternate I (MAY 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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__(42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__(43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

__(44) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

__(ii) Alternate I (OCT 2015) of 52.223-13.

__(45) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

__(ii) Alternate I (Jun2014) of 52.223-14.

__(46) 52.223-15, Energy Efficiency in Energy- Consuming Products (MAY 2020) ( 42 U.S.C. 8259b).

__(47) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

__(ii) Alternate I (JUN 2014) of 52.223-16.

_X_(48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

__(49) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__(50) 52.223-21, Foams (Jun2016) (E.O. 13693).

__(51) (i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).

__(ii) Alternate I (JAN 2017) of 52.224-3.

__(52) (i) 52.225-1, Buy American-Supplies (OCT 2022) ( 41 U.S.C. chapter 83).

__(ii) Alternate I (OCT 2022) of 52.225-1.

__(53) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__(ii) Alternate I [Reserved].

__(iii) Alternate II (DEC 2022) of 52.225-3.

__(iv) Alternate III (FEB 2024) of 52.225-3.

__(v) Alternate IV (Oct 2022) of 52.225-3.

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__(54) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_(55) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__(56) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

__(57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

__(58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).

__(59) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

__(60) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

__(61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

_X_(62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) ( 31 U.S.C. 3332).

__(63) 52.232-34, Payment…