ATTACHMENT D - SOLICITATION PROVISIONS - NX EQ Microwave Therapy Systems Tissue Ablation.pdf

36C10G25R0040 | NX EQ NX EQ Microwave Therapy Systems Tissue Ablation Request for Proposal

SECTION D – SOLICITATION PROVISIONS

D.1 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS —

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES ITEMS

(MAR 2023)

Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

In addition to information provided by FAR Clause 52.212-1 Instructions to Offerors – Commercial Items, the following instructions to offerors apply:

(a) This solicitation is for a small business set-aside and the Government anticipates award to a small business vendor.

(b) The offer shall be submitted in accordance with the following instructions, which establish the acceptable minimum requirements for the format and content of the offer. The offerors shall provide sufficient technical documentation to allow for thorough evaluation of the offeror’s ability to provide the requirements outline this solicitation.

(c) Intentions to submit a proposal shall be submitted via email to Contract

Specialist (CS), Trevor Mason at Trevor.Mason@va.gov and Contracting Officer (CO) Sara Vickroy, Sara.Vickroy@va.gov on or before close of business on the date specified on the SF1449, Block 20.

(d) All questions from contractors regarding this solicitation shall be submitted via email to CS, Trevor Mason at Trevor.Mason@va.gov and CO, Sara Vickroy at Sara.Vickroy@va.gov on or before close of business on the date specified on the SF1449, Block 20. It is requested that all questions be combined into one Microsoft Word document per contractor.

(e) If you choose to submit a proposal, it shall be submitted via email to CS, Trevor Mason at Trevor.Mason@va.gov and CO, Sara Vickroy at Sara.Vickroy@va.gov on or before date/time specified on the SF1449, Block 8.

(f) In accordance with FAR 52.212-1(f), contractors are responsible for submitting offers to reach the Government office designated in the solicitation by the time specified in the solicitation. These e-mail inboxes are the Government office designated in the solicitation as defined in FAR 52.212- 1(f)(1) for timely Receipt of Proposals. The offeror assumes full responsibility for ensuring that the submission is received at the e-mail addresses stated above by the closing date and time identified in the solicitation. This does not include the initial point of entry to the Government infrastructure. Exceptions for late receipt of electronic submissions are specifically outlined in FAR 52.212-1(f)(2). Offerors are encouraged to familiarize themselves with this mailto:Trevor.Mason@va.gov mailto:Sara.Vickroy@va.gov mailto:Trevor.Mason@va.gov mailto:Sara.Vickroy@va.gov mailto:Trevor.Mason@va.gov mailto:Sara.Vickroy@va.gov section and submit offers no later than 5:00pm one working day prior to the date specified for receipt due to the anticipated number of submissions that will enter the Government infrastructure at this time. The CO and CS cannot guarantee confirmation of receipt. Offers received after the closing date and time may not be accepted.

(g) The offer must stipulate that it is predicated upon the terms and conditions of this RFP and signed by an official authorized to bind the offeror. In addition, it must contain a statement to the effect that the offer is firm for a period of at least 90 days from the date of receipt thereof by the Government.

(h) This RFP does not commit the Government to pay any of the costs associated with the preparation and submission of any offer received in responses to this solicitation. In addition, the CO is the only individual authorized to legally commit the Government to the expenditure of public funds in connection with this requirement.

(i) Offerors are encouraged to offer their best rates in their initial quotation as the Government reserves the right to award with or without communications based upon the initial evaluation of offers.

(j) Format

The submission shall be clearly indexed and logically assembled. Each volume shall be clearly identified and shall begin at the top of a page. All pages of each volume shall be appropriately numbered and identified by the complete company name, date, and solicitation number in the header and/or footer.

Quotation page limitations are applicable to this procurement. The table below indicates the maximum page count (when applicable) for each volume of the offeror’s offer. All files will be submitted as a Microsoft Excel (.xls/.xlsx), Microsoft Word (.doc/.docx), or Acrobat (.pdf) file or compatible as indicated in the table. Page size shall be no greater than 8 1/2" x 11". The top, bottom, left and right margins shall be a minimum of one inch each. Font size shall be no smaller than 12-point. Times New Roman fonts are required.

Characters shall be set at no less than normal spacing and 100% scale. Tables and illustrations may use a reduced font size not less than 8-point and may be landscape.

Line spacing shall be set at no less than single space. Each paragraph shall be separated by at least one blank line. Page numbers, company logos, and headers and footers are not bound by the 12-point font requirement. Footnotes to text shall not be used. The use of hyperlinks and embedded links in offers is prohibited. Proposals will be evaluated solely on the information contained in proposals without reference to extraneous information.

If the offeror submits annexes, documentation, attachments or the like, not specifically required by this solicitation, such will count against the offeror’s page limitations unless otherwise indicated in the specific Volume instructions below. Pages in violation of these instructions, either by exceeding the margin, font, or spacing restrictions, or by exceeding the total page limit for a particular volume, will not be evaluated. Pages not evaluated due to violation of the margin, font, or spacing restrictions will not count against the page limitations. The page count will be determined by counting the pages in the order they appear in the print layout view.

(k) File Packaging:

Do not compress (zip) proposal files. VA Network Security Operations Center (NSOC) has temporarily blocked email attachments with the “.zip” extension as a mitigation measure against the ongoing world-wide ransomware event impacting many organizations. During this time, .zip file extensions will be permanently stripped from email traffic and will not be recoverable. Due to VA email file size restrictions, vendors are encouraged to logically separate their offer into separate emails. If this is necessary, offerors should attempt to contain complete volume within single email transmissions (and not split volumes). Vendors are encouraged to review and ensure that sufficient bandwidth is available on their end of the transmission.

(l) Content Requirements:

All information shall be confined to the appropriate file. The Vendor shall confine submissions to essential matters, sufficient to define the offer and provide an adequate basis for evaluation. Vendors are responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of each offer. The title requirements for each file are shown in the Table below.

(m) Proposals submitted in response to this solicitation shall contain the following in separate volumes:

VOLUME

NUMBER

FACTOR FILE NAME

Volume I Technical Your Company Name - Tech.pdf

Volume II Past Performance Your Company Name - Price.pdf

Volume III Veterans Preference Your Company Name – VetPref.pdf

Volume IV Price Your Company Name - Price.xls

Volume V Offer, Amendments, and Certifications & Representations

Your Company Name - OfrRep.pdf

VOLUME I – TECHNICAL FACTOR:

Offerors shall provide descriptive literature which will be used to thoroughly evaluate each proposal to determine the extent to which it meets the salient characteristics listed in Attachment B – Product Description. All the minimum salient characteristics listed in the solicitation must be met to be considered eligible for award. Those proposals which fail to meet all of the salient characteristics will be rated “Unacceptable” and will be ineligible for award. Further, Offeror’s proposal should include additional information addressing the technical subfactors in the evaluation section below.

Offerors are required to complete the yellow highlighted areas of the Salient Characteristics Chart located in Attachment B listing the location where compliance to the salient characteristics can be found. The completed chart must be included with the Offeror’s proposal. Offers which do not include this completed chart will not be considered for award.

Offerors may propose any product solution or configuration so long as the solution proposed meets the salient characteristics. Equivalent products being proposed in the Technical Volume must also be clearly identified in the Pricing Volume. Products proposed in the Technical Volume must be captured on – appear and correspond with --the Offeror’s Pricing Volume (Attachment A - Price Cost Schedule of the solicitation).

Only new original equipment manufacturer (OEM) parts are acceptable; no remanufactured or "gray market" items. No product in development shall be considered.

All items must be covered by the manufacturer's warranty.

Distributors must be authorized distributors/resellers as certified by the OEM. OEM letter must be submitted with proposal. Any proposal received without an OEM letter meeting the requirements will be ineligible for award. The OEM letter must be valid for the life of the contract.

No pricing should be included in Volume I.

VOLUME II – PAST PERFORMANCE:

The Offeror shall complete Attachment G: Past Performance Reference in its entirety, listing a total of three contracts/orders for relevant work performed in the past three years or currently being performed.) The Government will make the determination of relevance (based on size, scope, and complexity of requirement).

Contracts/orders listed may include those entered with the Federal Government, agencies of state and local governments and commercial concerns. Offerors may also submit past performance information regarding predecessor companies, key personnel who have relevant experience or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the acquisition. For the purposes of this solicitation, a major subcontract is defined as 20% of the total contract effort. Data concerning the prime contractor shall be provided first, followed by each proposed major subcontractor, in alphabetical order.

Offerors shall indicate on Attachment G if there are Contractor Performance Assessment Reporting System (CPARS) / report(s) available for each reference. In the event an assessment was not completed in CPARS for the contract/order, Offerors may request the reference point of contact (POC) to complete and submit a Past Performance Questionnaire (PPQ) (See Attachment F of this solicitation). The Offeror shall instruct the POC at the referenced entity to return a copy of the completed PPQ directly to the Contracting Officer and the Contract Specialist at Sara.Vickroy@va.gov and Trevor.Mason@va.gov NO LATER THAN THE CLOSING DATE OF THE SOLICITATION (inclusive of any closing date extensions granted via amendment).

PPQs will only be evaluated for those contracts/orders that do not have a CPARS report available.

The Government is not required to contact references provided by the Offeror. Also, references other than those identified by the Offeror may be contacted by the Government to obtain additional information that will be used in the evaluation of the Offeror's past performance. The Government may consider past performance information obtained through other sources which is reasonably available and determined to be relevant. Past performance information obtained will be used for both the responsibility determination and best value decision.

Offerors shall indicate on Attachment G if they have no record of relevant or recent past performance.

VOLUME III – VETERANS PREFERENCE

Offerors shall submit a Veterans Preference volume addressing SDVOSB, VOSB, and Non-Veteran Own Contractor participation. The order of preference for Veterans Preference shall be:

i. Service-Disable Veteran-Owned Small Business (SDVOSB); followed by

ii. Veteran-Owned Small Business (VOSB); followed by

iii. Non-Veteran Owned offerors who propose to team, subcontract, or the like with SDVOSBs and VOSBs.

Offerors shall submit substantiating documents such as teaming agreements, mentor protégé agreements, and the like.

For SDVOSB/VOSB concerns: To receive credit as an SDVOSB or VOSB under this Factor, an offeror shall submit a statement of compliance that it qualifies as an SDVOSB or VOSB in accordance with VAAR 852.215-70, Service-Disabled Veteran- Owned and Veteran-Owned Small Business Evaluation Factors. SDVOSB and VOSB offerors are cautioned that they must be certified by the Small Business Administration (SBA) database (https://veterans.certify.sba.gov) and must meet federal small business size standards for the NAICS code assigned to this solicitation at time of both proposal submission and time of award.

For Non-SDVOSBs/VOSBs: To receive some consideration under this Factor, a prime contractor must state in this volume the name(s) of SDVOSB(s) and/or VOSB(s) with whom it intends to subcontract. The offeror shall provide a brief description and the approximate dollar values of the proposed subcontracts. Additionally, proposed SDVOSB/VOSB subcontractors must be certified by the Small Business Administration

(SBA) database (https://veterans.certify.sba.gov) and must meet federal small business size standards for the NAICS code assigned to this solicitation at time of both proposal submission and time of award in order to receive some consideration under this Factor.

Note that the Government requires the offeror to honor the evaluation factor commitment to the SDVOSB/VOSB concern throughout the life of the contract. The offeror shall agree, if awarded a contract, to use the SDVOSB or VOSBs proposed as subcontractors or to substitute one (1) or more SDVOSBs or VOSBs for subcontract work of the same or similar value.

With regard to the requirement for registration and verification in the VetCert database, reference VAAR 852.215-70.

To the maximum extent feasible, the offeror and any subcontractors shall comply with VA’s VOSB, SDVOSB, socioeconomic, and other small business goals, including, but not limited to, 38 U.S.C. § 8127.

The VA will assign evaluation credit for a contractor (prime contractor) that is a SDVOSB or VOSB. Non-Veteran owned firms that subcontract 7% or more of the contract value to a SDVOSB or 10% or more of the contract value to VOSB will also receive evaluation credit.

VOLUME IV – PRICE FACTOR:

The Vendor shall complete Attachment A - Price Cost Schedule for the base year and all option years and submit it in Volume III of their proposal.

In order to maximize the VA’s buying power and leverage the best value for the taxpayer, the VA is seeking volume discounts. It is expected that as the output and scale of an operation increases, that the unit cost per item should decrease as fixed costs are spread over more units of output. The VA expects that a portion of these reduced costs be will passed-on and reflected in lower unit pricing.

Price Rounding Issue - The Government requires Vendors to propose unit prices and total prices that are two (2) decimal places and requires the unit prices and total prices to be displayed as two (2) decimal places. Ensure that the two (2) digit unit price multiplied by the item quantity equals the two (2) digit total item price (there should be no rounding).

If an Excel spreadsheet is submitted by the Vendor, the Vendor shall ensure that the actual values in the spreadsheet cells are no more than two (2) decimal places even if values in the spreadsheet cells are formatted to display two (2) decimal places.

The Government requests the Vendor provide prices, warranties, conditions, benefits, and terms that are at least equal to or more favorable than the prices, warranties, conditions, benefits, and terms offered by the Vendor to any customers for the same or a substantially similar quantity and type of service.

The current SLA which applies to this contract action is 3.0%. This SLA Fee shall be imbedded in the awarded contract/agreement price(s) and offers submitted in response to this solicitation shall include this SLA Fee in the price of every line item offered.

VOLUME V – OFFER, AMENDMENTS, & CERTIFICATIONS/REPRESENTATIONS

Certifications and Representations - An authorized official of the firm shall sign the offer sheet and all certifications requiring original signature. The offer sheet should be dated and submitted on letterhead stationery. An Acrobat PDF file shall be created to capture the signatures for submission.

At a minimum the offer sheet shall contain the following:

a. Solicitation Number;

b. Acknowledgement of Amendments, if any;

c. The name, address, and telephone number of the Offeror

d. Tax Identification Number (TIN)

e. Unique Entity Identity (UEI) Number / DUNS Number / Cage Code

f. Point of Contact for submission of orders if awarded contract.

g. Authorized Distributor Letter certified by OEM with current date.

h. Offeror shall submit representations and certifications IAW FAR 52.212-3 if not completed in SAM.

i. Complete FAR 52.209-7 and FAR 52.225-6 provisions

j. Period for acceptance of offers. The Offeror agrees to hold the prices in its proposal firm for 90 calendar days from the date specified for receipt of proposals unless another time period is specified in an addendum to the solicitation.

k. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offerors that fail to furnish required representations or information or reject the terms and conditions of the solicitation may be excluded from consideration.

Offerors are hereby advised that any Offeror-imposed terms and conditions and/or assumptions which deviate from the Government’s material terms and conditions established by the Solicitation, may render the Offeror’s proposal Unacceptable, and thus ineligible for award.

Any questions regarding this Request for Proposal (RFP) shall be addressed in writing to Contract Specialist at Trevor.Mason@va.gov and Contracting Officer Sara.Vickroy@va.gov no later than the question due date found in block 20. No calls will be accepted.

(End of Addendum to 52.212-1)

D.2 52.212-2 EVALUATION—COMMERCIAL ITEMS (NOV 2021)

The following provisions are incorporated into 52.212-2 as an addendum to this solicitation:

A. BASIS FOR AWARD

This acquisition is small business set-aside and is being conducted in accordance with FAR Part 12 and 15. The Government will award a contract resulting from this solicitation to the responsible Offeror whose proposal conforms to the solicitation, and which represents the best value to the Government, with consideration given to the following evaluation Factors: Technical, Past Performance, Veterans Preference and Price.

The Technical Factor is significantly more important than Past Performance. The Past Performance Factor is slightly more important than the Veterans Preference Factor. The Veterans Preference Factor is slightly more important than Price. When combined, the non-price factors are significantly more important than price.

To receive consideration for award all the salient characteristics listed in Attachment B – Product Description must be met. Products failing to meet the salient characteristics and all the terms and conditions of the solicitation will be eliminated and receive no further consideration. Offerors are cautioned that the award may not necessarily be made to the Offeror proposing the lowest price, or to the Offeror with the most highly rated technical proposal. Award may be made to other than the lowest priced proposal, if the Government determines that a price premium is warranted due to the merits of one or more of the non-price factors.

The Government intends to award one contract.

B. FACTORS TO BE EVALUATED

1. Technical

2. Past Performance

3. Veterans Preference

4. Price

C. EVALUATION APPROACH

All proposals shall be subject to evaluation by a team of Government personnel.

Contents of the written proposals will be evaluated to determine the degree and extent to which the proposals meet the requirements identified in the Solicitation. The written content of proposals will be evaluated in accordance with the evaluation approach defined in the solicitation. Proposals which merely restate the requirement or state that the requirement will be met, without providing supporting rationale, will not be sufficient.

Offerors who fail to meet the salient characteristics of the solicitation will be rated Unacceptable and thus, ineligible for award. The Government reserves the right to award without discussions based upon the initial evaluation of proposals. The scope of this procurement includes being able to provide the products to all VHA facilities located in the Continental United States (CONUS) or Outside of the Continental United states

(OCONUS).

1. Technical Evaluation

Descriptive literature will be used to thoroughly evaluate each proposal to determine the extent to which it meets the salient characteristics. The proposal must demonstrate the Offeror’s ability to meet or exceed all the salient characteristics listed in Attachment B – Product Description.

Offerors may propose any product solution or configuration so long as they meet the salient characteristics. Products proposed in the technical volume must be captured on the Offeror’s pricing volume (Attachment A, Price Schedule) of the solicitation.

Offerors may propose any additional ancillary products which they deem to be essential to the functionality of the proposed solution; these items must be captured in the Offeror’s pricing volume with a quantity of zero. Those proposals which fail to meet the requirements of the solicitation, and all the salient characteristics will be rated “Unacceptable” and will be ineligible for award.

a. In addition to meeting or exceeding the salient characteristics listed in Attachment B, the evaluation process will consider the following technical subfactors and assign an adjectival rating:

Evaluation Sub-factors:

• Safety – Safety features and functions of the offered equipment will be evaluated. Areas may include but are not limited to the following:

o Power and Temperature Sensors o Antenna/Probe/Applicator Migration Reduction Control o Availability of In-Procedure Visualization and Margin Confirmation

• Design – Design features and functions of the offered device will be evaluated.

Areas may include but are not limited to the following:

o Centralized Control / Consolidated Touchscreen User Interface o Monitor Size and Monitor Mobility o Availability of Various Antenna/Probe/Applicator sizes (length and gauged thickness) o Multi-Functionality of Antennas/Probes/Applicators o Ablation Planning and Assessment Software o Availability of Distal Energy Control o Cooling System o System Cart Mobility and Functionality o Space Requirements / Footprint

• Performance – Device will be evaluated for its ability to perform its intended function. Areas may include but are not limited to:

o Visual Display and Illumination o Streamlined Workflow o Ability to be Sanitized Using Hospital Approved Disinfectants/Cleaners o Ablation Zone Size

• Quality/Construction – Aspects of construction and quality of material of the device will be evaluated. Areas may include but are not limited to the following:

o Equipment Integration (Imaging Modalities: CT, Ultrasound, MRI) o Expected Life Span o Warranty Coverage o Training o Service Agreement Program

Products proposed in the technical volume must be captured in the vendor’s pricing volume. Offers that merely restate the requirement or state that the requirement shall be met, without providing supporting rationale, will not be sufficient. To be considered for award products need to meet the SCs. Those meeting the SCs will be further evaluated using the technical subfactors and given an adjectival rating. Distributors must be authorized distributors as certified by the OEM. Only new equipment is acceptable; no remanufactured, used/refurbished or "gray market" items. No product in development shall be considered. All items must be covered by the manufacturer's warranty.

2. Past Performance Evaluation

The Government will conduct a performance risk assessment based on the quality of Offeror’s past performance references. Past Performance will be evaluated to determine the extent to which the Offeror’s performance demonstrates the likelihood of successful performance in meeting the needs outlined in this solicitation.

The evaluation will only consider references which are recent (defined as Contracts/BPAs/Orders performed within the last three years) and relevant (defined as, when considered meet much of the size, scope and/or complexity compared to the product description of this requirement)

Past Performance will be evaluated and given an adjectival rating based on the Past Performance Questionnaires (PPQs) received, the information provided by the Offerors, and other Government sources which may include Contractor Performance Assessment Reporting System (CPARS), the Contracting Officer’s knowledge of and previous experience with the supply, or any other reasonable basis. The Government may use present and/or past performance data obtained from a variety of sources, not just those contracts identified by the contractor.

The Government may consider past performance information obtained through other sources which is reasonably available and determined to be relevant. Past performance information obtained will be used for both the responsibility determination and best value decision.

In the event that no relevant and recent Past Performance is identified for an offeror the Government will rate the offeror as neutral and the Offeror may not be evaluated favorably or unfavorably.

No relevant or recent past performance, as indicated on Attachment G or based on the determination of relevance by the Government, will be considered neutral.

3. Veterans Preferences

In accordance with VAAR 852.215-70, Service-Disabled Veteran-Owned and Veteran- Owned Small Business Evaluation Factors, the Government will assign evaluation credit for an Offeror (prime contractor) which is a SDVOSB or a VOSB. To receive credit, an offeror must be registered and certified by the Small Business Administration (SBA) database (https://veterans.certify.sba.gov/) and must meet federal small business size standards for the NAICS code assigned to this solicitation at time of both proposal submission and at time of award.

The following rating definitions will be utilized in the evaluation of the Veterans Involvement Factor

a. Full Credit — The Offeror is a prime and is properly registered and certified by the Small Business Administration (SBA) database (https://veterans.certify.sba.gov/) as a SDVOSB and must meet federal small business size standards for the NAICS code assigned to this solicitation at time of both proposal submission and time of award.

b. Partial Credit — The Offeror is a prime and is properly registered and certified by the Small Business Administration (SBA) database (https://veterans.certify.sba.gov/) as a VOSB and must meet federal small business size standards for the NAICS code assigned to this solicitation at time of both proposal submission and time of award.

c. Some Consideration — The non-SDVOSB/VOSB Offeror is proposing to subcontract a minimum of 5% of the total contract value proposed with SDVOSB(s) and/or a minimum of 7% of the total contract value proposed with VOSB(s), has provided a name of the SDVOSB(s) and/or VOSB(s), a brief description of the work they are to perform and the approximate dollar values of the proposed subcontracts. Proposed SDVOSB/VOSB subcontractors are registered and certified by the Small Business Administration (SBA) database (https://veterans.certify.sba.gov/) and must meet federal small business size standards for the NAICS code assigned to this solicitation at time of both proposal submission and time of award.

d. No Credit — The Offeror does not qualify for any credit as described above.

Also note that the Government requires the offeror to honor the evaluation factor commitment to the SDVOSB/VOSB concern throughout the life of the contract or to substitute one or more SDVOSB/VOSB businesses for subcontract work of the same or similar value (percentage).

4. Price Evaluation

Total price will be evaluated IAW FAR 15.404-1. The Government will evaluate price to determine whether or not it is considered fair and reasonable. Attachment A, Price Cost Schedule will be reviewed and all total proposed unit prices for each CLIN (inclusive of option periods) will be added for a total cost for evaluation purposes. Each CLIN will be evaluated using the estimated quantities provided for in Attachment A Price Cost Schedule. The Total Proposed Cost will be the aggregate sum of all CLINs for the entire period of performance. The SLA fee of 3% shall be included in the total proposed unit price.

Example:

CLIN 0001 CLIN 0002

UOM = EA UOM = EA

Proposed Unit Price = $60.00 Proposed Unit Price = $45.00 SLA Fee 3% = $1.80 SLA Fee 3% = $1.35 Total Proposed Unit Price = $61.80 Total Proposed Unit Price = $46.35 Estimated Qty = 2 Estimated Qty = 4

CLIN 0001: $61.80 x 2 = $123.60 CLIN 0002: $46.25 x 4 = $185.00 Total Evaluated Cost = $308.60

The proposed firm fixed unit prices will be binding and incorporated in the resultant contract and utilized for all future orders placed during the term of the contract. The estimated quantities listed in Attachment A, Price Cost Schedule are listed for informational and evaluation purposes only and do not obligate the Government to purchase such quantity nor does the Government guarantee any volume of purchases through this contract. Vendors are encouraged to offer discounts.

Unbalanced Pricing: The Government may evaluate whether the offeror has submitted unbalanced pricing. An unbalanced price is one where the price of one or more contract line items is significantly overstated or understated and which will result in the Government paying an unreasonably high price for contract performance or otherwise present an unacceptable level of risk to the Government. If the Contracting Officer determines that the risk is unacceptable, then the proposal may be rejected.

(End of Addendum to 52.212-2)

D.3 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 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or 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 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 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25

(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:

https://www.sam.gov/

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)

D.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT

2018)

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

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

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

and

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

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

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

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

(End of Provision)

D.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS —

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICE (MAY

2024)(DEVIATION FEB 2025)

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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR

127.300. 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.

https://www.sam.gov/ https://www.acquisition.gov/content/52204-7-system-award-management#i1063838 https://www.acquisition.gov/content/52204-7-system-award-management#i1063838 https://www.sam.gov/ https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300 https://www.ecfr.gov/current/title-13/section-127.300

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.

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim

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"—

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 (SDVOSB) concern means a small business concern—

(1) (i) Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than https://www.acquisition.gov/far/52.204-25#FAR_52_204_25

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; or

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subcontract 19.14).

(3) Service-disabled veteran, as used in this definition, 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), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs’ Veterans Benefits Administration, as a service-disabled veteran.

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that—

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracting officers to limit competition, including award…