Attachment H - Offer Submission Package.pdf

OFFER SUBMISSION PACKAGE

Regional Vault and Septic Pumping, and Basic Inspection Services

Blanket Purchase Agreement

Solicitation Number 127EAT22Q0038

PROSPECTIVE OFFERS: You are hereby invited to submit a quotation in response to this Request for

Quote. If you are interested in this acquisition, you may participate by submitting your response in accordance with FAR 52.212-1, Instructions to Offerors – Commercial Products and Commercial

Services and FAR 52.212-2, Evaluation – Commercial Products and Commercial Services.

This Request for Quote includes the following:

Section A: Solicitation for Commercial Items SF-1449

Section B: Schedule of Items

Section C: Contract Clauses

Section D: Contract Documents, Exhibits, or Attachments

Section E: Solicitation Provisions

Section F: Representations & Certifications

POINTS OF CONTACT:

Contract Specialist Contracting Officer Contracting Officer Representative

Tiffany Paige Hurt Cree M. Prevost Tiffany Boyce tiffany.hurt@usda.gov cree.prevost@usda.gov tiffany.boyce@usda.gov

707.562.9205 707.562.8897 707.980.1384

CONTRACTING ASSISTANCE: The Association of Procurement Technical Assistance Centers provides government contracting assistance. You may contact your local Procurement Technical

Assistance Center (PTAC) using the following link: Contracting Assistance - APTAC - Association of

Procurement Technical Assistance Centers (aptac-us.org).

Closing Date and Time for Offeror Questions: July 25, 2022, 2:00 PM Pacific Closing Date and Time for Receipt of Quotations: July 29, 2022, 11:00 AM Pacific mailto:tiffany.hurt@usda.gov mailto:cree.prevost@usda.gov mailto:tiffany.boyce@usda.gov https://www.aptac-us.org/contracting-assistance/ https://www.aptac-us.org/contracting-assistance/

SUBMISSION CHECKLIST

Regional Vault and Septic Pumping, and Basic Inspection Services

Blanket Purchase Agreement

Solicitation Number 127EAT22Q0038

100% Total Small Business Set-Aside

Solicitation of Commercial Items (SF-1449) – See Section A

• Offerors shall submit a signed copy of the first page of the solicitation

• Complete block 17a with your Company name, address, telephone number, email and

SAM Unique Entity Identifier (UEI)

• Sign block 30a (digital signatures are accepted)

• Complete block 30b

• Complete block 30c

Amendment of Solicitation (SF-30) – Posted at SAM.gov, if amendment is required.

• Offerors shall submit a signed copy of all amendments issued, if any.

• It is the responsibility of the Offeror to monitor SAM.gov for amendments.

• Complete block 15A

• Complete block 15B (digital signatures are accepted)

• Complete block 15C

Schedule of Items – See Section B

• Offerors shall complete the pricing schedule provided with the solicitation. All items in the pricing schedule must be completed, including optional items. All items must include a dollar value.

• Offerors who fail to submit a completed pricing schedule will not be considered for award.

Technical Proposal (Past Performance and Technical Capability) – See Section E

▪ Instructions for preparing technical proposals that address the factors in FAR 52.212-2

Evaluation – Commercial Products and Commercial Services can be found in Section E –

Solicitation Provisions.

▪ Responses must include the Past Performance Experience Questionnaire.

Representatives & Certifications – See Section F

• Complete the yellow highlighted information in Section F – Representations and

Certifications and submit a copy with your offer.

• Complete 52.212-3(b)(2) if Offeror Representations and Certifications are complete in SAM.

See Section F for additional instructions if Reps and Certs are not complete in SAM.

• Offerors must meet the Small Business Size Standard for NAICS 562991

1) Offerors must have an active entity registration in the System for Award Management in order to submit an offer.

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

2) Offers submitted in response to this solicitation shall include a technical proposal, a price proposal (Schedule of Items), and contractor representations and certifications.

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

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

91S8 CODE 16. ADMINISTERED BYCODE

X

X

X

562991

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR91S8

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

07/29/2022 1100 PT

07/20/2022 (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

127EAT22Q0038

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 2 1067211OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

VALLEJO CA 94592-1110

1323 CLUB DR

PACIFIC SOUTHWEST REGION

USDA FOREST SERVICE

15. DELIVER TO

VALLEJO CA 94592-1110

1323 CLUB DR

PACIFIC SOUTHWEST REGION

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$8.00

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA FOREST SERVICE

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Regional Vault and Septic Pumping Blanket Purchase Agreement

This Blanket Purchase Agreement (BPA) is for vault and septic pumping, servicing portable toilets and basic inspection services in the Pacific Southwest Region (California). Services include pumping out precast concrete vaults and septic tanks, visual inspections and documentation of basic vault toilet buildings, and servicing portable toilets for as needed

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

and/or recurring requirements.

Period of Performance: 08/01/2022 to 07/31/2027

0001 SEE SCHEDULE OF ITEMS 1 EA

Product/Service Code: S222

Product/Service Description: HOUSEKEEPING- WASTE

TREATMENT/STORAGE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

2 2 of

SECTION B – SCHEDULE OF ITEMS

USDA Forest Service Pacific Southwest Region

Regional Vault and Septic Pumping, and Basic Inspection Blanket Purchase Agreement

Schedule of Items/Price Schedule

NORTHERN ZONE

TASK 1: Vault Toilet Pumping and Waste Disposal

Description Cost for EACH facility pump

Cost for 3 to 5 toilet facility pumps within a designated recreation site

Cost for 6 to 10 toilet pumps within a designated recreation site

Small (less than 500 gallons)

Medium (501- 1,000

Large (1,001 - 2,500

Extra Large (2,500 - 4,000

TASK 2: Septic Tank Pumping and Waste Disposal pump

Cost for 3 to 5 septic tank facility pumps within a designated recreation site

Cost for 6 to 10 septic tank pumps within a designated recreation site

TASK 3: Servicing of Forest Service Owned Portable Toilet Facilities

TASK 4: Basic Inspections inspection.

Cost for 3 to 5 facility inspections within a designated recreation site

Cost for 6 to 10 facility inspections within a designated recreation site

Restroom Facility

Estimated

Quantity

Unit

Unit Price

Mileage (Remote locations outside of the Contractor’s service area.

The total miles will be provided on each Individual BPA Call.)

HR

Cost for EACH portable toilet pump

Cost for 3 to 5 portable toilet pumps within a designated recreation site

Cost for 6 to 10 portable toilet pumps within a designated recreation site

Portable Toilet (less than 100 gallons)

CENTRAL SIERRA ZONE

pump

Cost for 3 to 5 toilet facility pumps within a designated recreation site

Cost for 6 to 10 toilet pumps within a designated recreation site pump

Cost for 3 to 5 septic tank facility pumps within a designated recreation site

Cost for 6 to 10 septic tank pumps within a designated recreation site

Cost for 3 to 5 facility inspections within a designated recreation site

Cost for 6 to 10 facility toilet pump

Cost for 3 to 5 portable toilet pumps within a designated recreation site

Cost for 6 to 10 portable toilet pumps within a designated recreation site

SOUTHERN SIERRA ZONE

pump

Cost for 3 to 5 toilet facility pumps within a designated recreation site

Cost for 6 to 10 toilet pumps within a designated recreation site pump

Cost for 3 to 5 septic tank facility pumps within a designated recreation site

Cost for 6 to 10 septic tank pumps within a designated recreation site

Cost for 3 to 5 facility inspections within a designated recreation site

Cost for 6 to 10 facility toilet pump

Cost for 3 to 5 portable toilet pumps within a designated recreation site

Cost for 6 to 10 portable toilet pumps within a designated recreation site

SOUTHERN CALIFORNIA ZONE

pump

Cost for 3 to 5 toilet facility pumps within a designated recreation site

Cost for 6 to 10 toilet pumps within a designated recreation site pump

Cost for 3 to 5 septic tank facility pumps within a designated recreation site

Cost for 6 to 10 septic tank pumps within a designated recreation site

Cost for 3 to 5 facility inspections within a designated recreation site

Cost for 6 to 10 facility toilet pump

Cost for 3 to 5 portable toilet pumps within a designated recreation site

Cost for 6 to 10 portable toilet pumps within a designated recreation site

Schedule Notes:

• Multiple awards will be issued from this solicitation, Offerors may provide an offer for some or all services listed in the Schedule of Items. This award shall be made under the policies and procedures prescribed in

Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items, in conjunction with FAR

Part 13, Simplified Acquisition Procedures.

• Contractors shall list pricing for every item they wish to perform and in which Zones, during BPA performance period listed in the schedule of items. If vendor only has capability to perform some of the tasks, and not all tasks they shall only enter prices in tasks they are capable of performing and leave all other tasks blank.

• Offerors are fully responsible for the accuracy, completeness, and compliance with all instructions set forth in the RFQ.

52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (NOV 2021)

Addenda to provision 52.212-1:

Addenda to Provision 52.212-1 paragraph (b) Submission of Offers:

1) Offerors must have an active entity registration in the System for Award Management in order to submit an offer. https://www.sam.gov/SAM/

2) Offers submitted in response to this solicitation shall include a technical proposal, a price proposal, and contractor representations and certifications.

a) Technical Proposal – The technical proposal shall address the evaluation factors in

52.212-2. At a minimum technical proposal shall include:

i) Past Performance – provide a list of three (3) similar projects completed by your firm over the past three years. Include a brief description of the project, dollar amount, year completed, and project owner contact information (name, phone, and email). The government may use past performance information from any available source. If a company does not have past performance information available, information may be provided for predecessor companies, key personnel, or subcontractors.

ii) Technical Capability – Provide a list of equipment and bio-based products including key personnel (with qualifications) that will be used to complete this project.

b) Price Proposal – Include the following: 1) completed, signed SF-1449 from Section A of this solicitation, 2) Acknowledge any amendments issued on sam.gov for this solicitation by completing and signing the posted SF-30, and 3) Include the completed price schedule contained in Section B of this solicitation.

c) Representations and Certifications – Fill in the check boxes for provisions 52.204-24, 52.209-7, 52.212-3, and Employment of Eligible Workers-Workforce Certification found in

Section F of this solicitation and include a copy with your offer.

2) Submit offer by email to tiffany.hurt@usda.gov with a courtesy copy to cree.prevost@usda.gov so that it is delivered by the due date and time. Be aware that large attachments may increase the time required to deliver an email. It is the offerors responsibility to confirm receipt of the offer from Tiffany Paige Hurt at tiffany.hurt@usda.gov.

3) Address questions about this solicitation to Tiffany Paige Hurt at tiffany.hurt@usda.gov.

Addenda to Provision 52.212-1 paragraph (f) Late submissions:

Replace (f)(2)(i) with the following:

Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition. (Delete paragraphs A, B, C).

https://www.sam.gov/SAM/ mailto:tiffany.hurt@usda.gov mailto:cree.prevost@usda.gov

52.212-2 Evaluation – Commercial Products and Commercial Services (NOV 2021)

(a) The Government will award multiple Blanket Purchase Agreements (BPAs) resulting from this solicitation to the responsible offerors whose offers conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Factor 1: Past Performance

Complete Past Performance Experience Questionnaire (include additional sheets if necessary).

Offeror must demonstrate experience with project(s) similar in scope to the requirements detailed in the Performance Work Statement. Offeror may submit projects in which they performed as either a prime or sub-contractor. Offerors must submit three at least three (3) projects – no more than 5 projects will be considered – performed in the past 3 years.

List of subcontractors, if applicable, and the work they will be performing AND their experience.

If the quoter intends to subcontract major portions of the work, quoter shall submit worksheets from its principal subcontractors.

Factor 2: Technical Capability

1) Description of ability to meet required specifications including equipment to be used in performance of the contract.

2) Key Personnel and qualifications to manage required services.

3) Ability to meet performance schedule.

4) Identify bio-based products that will be used in the performance of these services.

BASIS OF AWARD

Award will be made to the offeror whose offer provides the best value to the government, considering price and the non-price factors. Technical and past performance, when combined, are more significant when compared to price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the

Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

USDA Forest Service Pacific Southwest Region

PAST PERFORMANCE

EXPERIENCE QUESTIONNAIRE

1. CONTRACTOR NAME, ADDRESS AND PHONE NUMBER

2. SUBMITTED TO (Office Name & Address) 3. BUSINESS:

__Company ___Co-partnership __Corporation ___Individual __Non-profit Organization

4. How many years do you or your firm have in the line of work contemplated by this solicitation?

5. HOW MANY YEARS EXPERIENCE IN CONTRACTING HAVE YOU OR YOUR COMPANY HAD AS A:

PRIME CONTRACTOR_________________ AND/OR SUB-CONTRACTOR_____________

6. LIST BELOW ALL PUMPING SERVICES PROJECTS YOUR BUSINESS HAS COMPLETED WITHIN THE LAST THREE YEARS:

CONTRACT

AMOUNT TYPE OF PROJECT

DATE

COMPLETED

NAME,ADDRESS, AND PHONE OF OWNER /PERSON

TO CONTACT FOR PROJECT INFORMATION

7. LIST BELOW ALL OF YOUR CONTRACTUAL COMMITMENTS RUNNING CONCURRENTLY WITH THE

WORK CONTEMPLATED BY THIS PROJECT:

CONTRACT

NUMBER

AMOUNT

OF

AWARD

NAME, ADDRESS & PHONE # OF BUSINESS/GOVERNMENT

AGENCY INVOLVED

AWARDED

(UNITS)

PERCENT

COMPLETED

DATE

COMPLETED

_____NO

_____NO

8a. HAVE YOU EVER FAILED TO COMPLETE ANY WORK AWARDED TO YOU? ______YES 8b. HAS WORK EVER BEEN COMPLETED BY PERFORMANCE BOND? ______YES 8c. IF “YES” TO EITHER ITEMS SPECIFY LOCATION(S) AND REASON(S)WHY:

EXPERIENCE QUESTIONNAIRE PAGE 2

9. ORGANIZATION AND WORKERS THAT WILL BE AVAILABLE FOR THIS PROJECT:

a. MINIMUM NUMBER OF EMPLOYEES:___________ AND MAXIMUM NUMBER OF EMPLOYEES:__________

b. ARE EMPLOYEES REGULARLY ON YOUR PAYROLL? ______YES _______ NO

c. PROVIDE LIST OF SUBCONTRACTORS, if applicable.

d. HAS YOUR COMPANY SERVICED THE GEOGRAPHIC AREA(S) CONTEMPLATED IN THIS SOLICITATION:

______ YES _____ NO

10. LIST BELOW THE EXPERIENCE OF THE PRINCIPAL INDIVIDUALS OF YOUR BUSINESS:

INDIVIDUAL’S NAME

PRESENT

POSITION

YEARS

OF EXP MAGNITUDE AND TYPE OF WORK

11. REMARKS: SPECIFY BOX NUMBERS (Attach sheets if extra space is needed to fully answer any of the above questions):

CERTIFICATION

I certify that all of the statements made by me are complete and correct to the best of my knowledge and that any persons named as references are authorized to furnish the Forest Service with any information needed to verify my capability to perform this project.

12a. CERTIFYING OFFICIAL’S NAME AND TITLE

12b. SIGNATURE 13.

DATE

COMPANY NAME

Company Address

SAM Unique Entity ID

CALIFORNIA

ZONES

( See Regional Map )

National Forests

Task 1:

VAULT

PUMPING

Task 2:

SEPTIC

TANK

PUMPING

Task 3:

PORTABLE

TOILET

SERVICING

Task 4:

BASIC

INSPECTIONS

Klamath National Forest

Lassen National Forest

Mendocino National Forest

Modoc National Forest

Shasta‐Trinity National Forest

Six Rivers National Forest

Eldorado National Forest

Lake Tahoe Basin Mgmt Unit

Plumas National Forest

Tahoe National Forest

Inyo National Forest

Sequoia National Forest

Sierra National Forest

Stanislaus National Forest

Angeles National Forest

Cleveland National Forest

Los Padres National Forest

San Bernardino National Forest

Regional Geographic Capability

Geographic capability to perform all tasks throughout the Pacific Southwest Region (California).

Offerors may indicate the zones and national forests that meet geographic capability.

Select geographic location if it includes only a portion of the national forest. Offerors with capability to perform all tasks throughout the Pacific Southwest Region may select Regional Geographic Capability.

Northern California

Central Sierra

Southern Sierra

Southern California

Geographic Capability USDA Forest Service Pacific Southwest Region

Regional Vault and Septic Pumping Blanket Purchase Agreement

SECTION F – REPRESENTATIONS & CERTIFICATIONS

VENDOR NAME:__________________________________________________

VENDOR DUNS:___________________________________________________

COMPLETE THE YELLOW HIGHLIGHTED INFORMATION IN SECTION F AND

SUBMIT A COPY WITH YOUR OFFER. SEE INSTRUCTIONS IN SECTION E,

PROVISION 52.212-1.

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 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

(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.

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.

52.212-3 Offeror Representations and Certifications – Commercial Products and

Commercial Services (MAY 2022) (DEVIATION JUL 2020)

If Offeror Representations and Certifications are not complete in SAM the offeror shall submit a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, with your offer.

The full provision is available from http://www.acquisition.gov/far/.

If Offeror Representations and Certifications are complete in SAM, the offeror shall complete the following:

(b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in

SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

https://www.sam.gov/ http://www.acquisition.gov/far/ http://www.sam.gov/ https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550 https://www.acquisition.gov/content/part-4-administrative-and-information-matters#i1121876

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any. Write “None” if there are no changes needed to your online reps and certs.

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

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