Attach 2 AE FAR Provisions .pdf

80KSC021R0002

ATTACHMENT 2

SYNOPSIS PROVISIONS

REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS OR RESPONDENTS

1. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) PROVISIONS

INCORPORATED BY REFERENCE

FAR 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE

REPORTING (AUG 2020)

2. FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS

(MAR 2020)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 541330, Engineering Services.

(2) The small business size standard is $16.5M.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

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

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

□ (i) Paragraph (d) applies.

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

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

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless— https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063838

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

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

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

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

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation. This provision applies to all solicitations.

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

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

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

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

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

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

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

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

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

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

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

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

(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation. This provision applies to solicitations that include the clause at 52.204-7.

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

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

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

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

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

(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies.

(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.

(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-- Certification. This provision applies to all solicitations.

(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions

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

[Contracting Officer check as appropriate.]

_X_ (i) 52.204-17, Ownership or Control of Offeror.

_X_ (ii) 52.204-20, Predecessor of Offeror.

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

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

https://www.acquisition.gov/content/52204-17-ownership-or-control-offeror?&searchTerms=52.204-17 https://www.acquisition.gov/content/52204-20-predecessor-offeror?&searchTerms=52.204-20 https://www.acquisition.gov/content/52222-18-certification-regarding-knowledge-child-labor-listed-end-products?&searchTerms=52.222-18 https://www.acquisition.gov/content/52222-48-exemption-application-service-contract-labor-standards-contracts-maintenance-calibration-or-repair-certain-equipment-certification?&searchTerms=52.222-48

__ (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.

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

__ (vii) 52.227-6, Royalty Information.

__ (A) Basic.

__(B) Alternate I.

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

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change

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

(End of Provision)

3. FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY

MATTERS (MAR 2020)

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals https://www.acquisition.gov/content/52222-22-previous-contracts-and-compliance-reports https://www.acquisition.gov/content/52223-9-estimate-percentage-recovered-material-content-epa-designated-items https://www.acquisition.gov/content/52227-6-royalty-information https://www.acquisition.gov/content/52227-15-representation-limited-rights-data-and-restricted-computer-software https://www.sam.gov/

Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror □ has □ does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in–

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of provision)

4. NFS 1852.225-72 RESTRICTION ON FUNDING ACTIVITY WITH CHINA –

REPRESENTATION (DEVIATION) (FEB 2012)

(a) Definition - “China” or “Chinese-owned” means the People’s Republic of China, any company owned by the People’s Republic of China or any company incorporated under the laws of the People’s Republic of China.

(b) Public Laws 112-10, Section 1340(a) and 112-55, Section 536, restrict NASA from contracting to participate, collaborate, or coordinate bilaterally in any way with China or a Chinese-owned company with funds appropriated on or after April 25, 2011.

Contracts for commercial and non-developmental items are excepted from the prohibition as they constitute purchase of goods or services that would not involve participation, collaboration, or coordination between the parties.

(c) Representation. By submission of its offer, the offeror represents that the offeror is not China or a Chinese-owned company.

(End of provision)

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

1. FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at these addresses:

FAR site: http://www.acquisition.gov/far/index.html NFS site: http://www.hq.nasa.gov/office/procurement/regs/NFS.pdf

2. LISTING OF FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

PROVISIONS INCORPORATED BY REFERENCE

PROVISION TITLE

FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

FAR 52.215-20 REQUIREMENTS FOR CERTIFIED COST OR PRICING

DATA AND DATA OTHER THAN CERTIFIED COST OR

PRICING DATA (OCT 2010) ALTERNATE III (OCT 1997)

Fill-In: (c) Submit the cost portion of the proposal via the following electronic media: submit via e-mail in MS Excel format

FAR 52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY

COMPLIANCE EVALUATION (FEB 1999)

3. LISTING OF FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

PROVISIONS INCORPORATED IN FULL TEXT

FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates awarding Indefinite-Delivery Indefinite-Quantity contracts with firm fixed price task orders resulting from this solicitation.

FAR 52.216-27 SINGLE OR MULTIPLE AWARDS (OCT 1995)

The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation. (The estimated number of awards is three.)

(End of provision) http://www.acquisition.gov/far/index.html http://www.hq.nasa.gov/office/procurement/regs/NFS.pdf

FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Derrick A. Wade NASA Contracting Officer, OP-CS Synopsis 80KSC021R0002 Civil Design and Other Professional Services Kennedy Space Center, Florida 32899

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

4. LISTING OF NASA FAR SUPPLEMENT (48 CFR CHAPTER 18) PROVISIONS

INCORPORATED BY REFERENCE

NFS 1852.233-70 PROTESTS TO NASA (DEC 2015)

5. LISTING OF KSC PROVISIONS INCORPORATED IN FULL TEXT5

KSC 52.214-90 DELIVERY INSTRUCTIONS FOR BIDS/PROPOSALS

(JUL 2018)

(a) Delivery Address:

All offers (bids or proposals) shall be delivered to the NASA Contracting Officer (CO), at one of the following on or before the date and time set for receipt of proposals or bids:

_____ Central Industry Assistance Office (CIAO), 7110 N. Courtenay Parkway, Merritt Island, FL, 32953 on or before the date and time set for receipt of proposals or bids. The CIAO is located on State Road 3, approximately 2 miles south of Gate 2 to KSC. Access to KSC is not required.

__X__ NASA Contracting Specialist, Derrick A. Wade, at NASA/KSC, Mail Code

OP-CS, Kennedy Space Center, FL 32899 on or before the date and time set for receipt of proposals or bids.

(b) Hand-Delivered Offers:

Offerors are responsible for assuring that hand-carried offers / bids / proposals are either received by the NASA Contracting Officer or their authorized representative at KSC or the CIAO on or before the date and time set for receipt specified in the solicitation. Pre-coordination with the Contracting Specialist via e-mail at derrick.a.wade@nasa.gov is required at least 24 hours in advance.

(c) Late Delivery of Offers:

Late Delivery of Offers Late offers will be processed in accordance with:

_____ FAR 52.214-7, Late Submissions, Modifications and Withdrawals of Bids

(NOV 1999);

__X__FAR 52.215-1, Instructions to Offerors - Competitive Acquisition (JAN 2017);

_____FAR 52.212-1 Instructions to Offerors - Commercial Items (JAN 2017); or _____FAR 52.214-23, Late Submissions, Modifications, and Withdrawals of Technical Proposals Under Two-Step Sealed Bidding (NOV 1999), included in this solicitation.

(d) Special Delivery Instructions:

All offers delivered in response to this synopsis / solicitation shall reflect the following information on the address label:

1. Solicitation 80KSC021R0002

2. “TO BE DELIVERED UNOPENED TO THE CONTRACTING OFFICER”

3. The volume and copy numbers contained in each box.

4. Attn: Derrick A. Wade, NASA Contracting Specialist Procurement Office, Mail Code OP-CS Kennedy Space Center, Florida 32899

(End of Provision) mailto:derrick.a.wade@nasa.gov