B08_Attachment_04_Proposal_Submission_Package.docx

PROPOSAL SUBMISSION PACKAGE

NATIONAL PARK SERVCE

DENVER SERVICE CENTER

REQUEST FOR PROPOSAL

140P2021R0066

COLO 253093 & 316317

23 August 2021

Table of Contents

Technical – Volume I Project Experience Questionnaire

Submit responses to the questions below that address experience relative to the elements noted under the Project Experience evaluation sub-factor in solicitation Section L. Limit submittals to the quantity of projects and timeframes required in the solicitation. Expand the response sections below as needed to adequately address each question (this questionnaire may be expanded to multiple pages if needed).

Offeror

CONTRACTOR LIST

List Prime and/or key trades contractors that worked on the referenced project who will also work on the proposed project

Prime

Subcontractor

REFERENCED PROJECT INFORMATION

Project Title

Project Value

Project Location

Project End Date

Original Contract Price

Final Contract Price

Original Completion Date

Final Completion Date

Project Owner

POC:

Phone:

PROJECT EXPERIENCE QUESTIONS

1. Which Project Experience elements in section L of the solicitation does the project address?

2. Provide a description of the referenced project and the work that addresses the elements referenced in question 1 above.

3. Describe & provide reasons for any contract price impacts.

4. Describe and provide reasons for any contract time impacts.

5. Describe problems encountered and how you resolved them. Describe how the Offeror’s proposal accounts for similar issues.

6. Describe the means and methods employed on the referenced project that were successful. Would you implement the same means and methods on the proposed project? Why or why not?

7. Provide any other additional project information you believe should be presented.

Key Personnel Qualifications

Read Carefully The purpose of this form is for the Offeror to list the qualifications of all key personnel as described in the Instructions, Conditions, and Notices to Offerors (Section L). Use additional sheets as needed. Fill in the information by typing or printing legibly.

Experience and qualifications include those job-related training courses; certificates and licenses; honors; performance awards; and specialty skills that are relevant to the proposed project. Provide dates, but do not send documents. Provide the state in which the registration or license is held and the registration or license number.

Name of Contractor/Offeror: ________________________________________________________________________

Personnel Information

Full Name

Job Title

Years of Experience with This Firm

Years of Experience with Other Firms

Education and Professional Registration

Top Education Level Obtained

Year

Area of Specialization

Licenses

State

Professional Registrations

State

Area of Specialization

Experience and Qualifications

Subcontractor Reference

Read Carefully The purpose of this form is for the Offeror to list certain subcontractors identified in the Instructions. Conditions, and Notices to Offerors (Section L) who are considered critical to the successful accomplishments of the project. Use as many sheets as necessary. The subcontractor references should include additional relevant projects similar to the work described in the plans and specifications. Include Area Codes with all telephone numbers. Fin in the information by typing or printing legibly.

Subcontractor (Proposed)

Address

Telephone Number

Email

Project Number

Project Name

Name of Owner

Prime Contractor

Telephone Number

Subcontract $ Value

Dates of Construction

Reference Name

Telephone Number

Email

Dates of Construction

Description & Scope of Work

Specific Areas of Experience (See Instructions for the Submission of Offers and Other Information – Capability Criteria)

Past Performance Questionnaire

Instructions: Offeror to complete Sections A and B and transmit questionnaire to reference. Reference to complete Sections C and D and submit (via email) to the Contract Specialist with a courtesy copy to the Contracting Officer listed in E.

A. Contractor Information

B. Contract Information

C. Reference

D. Evaluation

Quality

Schedule (& Time Management)

Cost Control

Management

Small Business Subcontracting (& Labor Standards)

Regulatory Compliance

E. Return

Business & Price Volume II Standard Form 1442 – Solicitation, Offer, and Award_______________________

Acknowledgement of Amendments

Section B – Contract Price Schedule

Subcontracting Plan

SMALL BUSINESS SUBCONTRACTING PLAN

***Blue text is offeror instructions and shall be deleted by the offeror prior to Plan submission. *** ***Red Text is sample and shall be tailored, by the offeror, to the specific acquisition***

· Large business Offerors proposing a total price greater than $750,000 ($1,500,000 for construction) shall complete and submit this Subcontracting Plan with their proposal. Failure to complete and submit this form may result in rejection of an offer.

· This form is consistent with contract clause 52.219-9. Refer to clause 52.219-9 for additional guidance.

· Use of this form is not intended to waive other solicitation & contract requirements.

· The term "Subcontract" within this document means any agreement (other than one involving an employer-employee relationship) entered into by a federal government prime contractor or subcontractor calling for supplies or services required for performance of the contract or subcontract.

· The National Park Service (NPS) FY21 subcontracting goals are as follows:

· Small Business Concerns: 43.25%;

· Veteran Owned Business Concerns: 3.0%,

· Service-Disabled Veteran Owned Concerns: 3.0%,

· HUBZone Small Business Concerns: 3.0%;

· Small Disadvantaged Business Concerns: 5.0%;

· Small Women-Owned Business Concerns: 5.0%.

If your firm indicates in Item No. 2 below any percentages less than the above noted NPS goals then specify in an attachment the reason(s) your firm cannot meet the NPS goals.

Date of Submission:

Contractor:

Name:

Address:

State / Zip Code:

Contractor’s DUNS #:

Contract Information:

Contract or Solicitation #:

Contract Scope of Work:

Contract Period of Performance:

Total Proposed Price:

1. Type of Plan Individual plan. This plan:

0. Covers the entire contract period of performance,

0. Applies to the specific contract noted above,

0. Includes subcontracting goals in support of the contract action referenced above,

1. Goals ***Response to this section corresponds to contract clause 52.219-9(d)(1) & (2)*** Following are the dollar and percentage goals for Small Businesses, Small Disadvantaged Businesses including Alaska Native Corporations and Indian Tribes, WomenOwned and Economically Disadvantaged Women-Owned Businesses, Historically Underutilized Business Zone concerns, Veteran Owned Small Businesses, and Service-Disabled Veteran-Owned Small Businesses concerns as subcontractors.

***Include all subcontracts that contribute to contract performance. If noted in item 1 above you may include a proportionate share of products and services that are normally allocated as indirect costs in the following format.***

1. Total estimated dollar value of ALL planned subcontracting, with ALL types of concerns (large & small), under this contract:

Dollar Value: $

1. Total estimated dollar value and percent of planned subcontracting:

***Please note: Zero dollars is not an acceptable goal since it does not demonstrate a good faith effort***

SMALL BUSINESSES (SB):

(Including VOSB, SDVOSB, HUBZone SDB, and WOSB) Dollar Value: $ % of “a” above: XX.X%

VETERAN-OWNED SMALL BUSINESSES (VOSB):

Dollar Value: $ % of “a” above: XX.X%

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (SDVOSB):

Dollar Value: $ % of “a” above: XX.X% HUBZone SMALL BUSINESSES (HUBZone):

Dollar Value: $ % of “a” above: XX.X%

SMALL DISADVANTAGED BUSINESSES (SDB):

Dollar Value: $ % of “a” above: XX.X%

WOMENOWNED SMALL BUSINESSES (WOSB):

Dollar Value: $ % of “a” above: XX.X%

OTHER THAN SMALL BUSINESSES

(Defined by the Small Business Administration (SBA) as “any entity that is not classified as a U.S. small business. This includes large businesses, state and local governments, non-profit organizations, public utilities, educational institutions and foreign-owned firms.)

Dollar Value: $ % of “a” above: XX.X% (This $ amount + the SB $ amount above must equal the $ amount in 2.a. above)

1. Subcontracted Products / Services and Subcontractors Following is a listing of 1) products and/or services to be subcontracted, 2) subcontractors that we used in preparing our proposal and 3) the business size and socio-economic status of each listed subcontractor. Refer to sections 12 & 13 for related information.

Subcontracted Products & Services (List even if subcontractors are not yet known) Subcontractors (Listed below are subcontractors that were used in preparing our proposal. Additional firms may be added during contract performance) Business Size & Socio-Economic Status (SB / SDB / WOSB / HUBZone / SDVOSB / Other)*

* Attached is SBA confirmation of current certification for each of the above listed HUBZone firms. (SBA confirmation of current certification will also be provided for any HUBZone firms added during contract performance.)

1. Method for Determining Goals Following is a description of the method used to develop the subcontracting goals for SB, VOSB, SDVOSB, HUBZone, SDB, and WOSB concerns.

*** Address efforts made to ensure that maximum practicable subcontracting opportunities have been and will be made available for SB, VOSB, SDVOSB, HUBZone, SDB, and WOSB concerns. Explain the method and state the quantitative basis (in dollars) used to establish the percentage goals. Expand this section or attach additional sheets and reference here if needed.***

1. Method for Identifying Potential Subcontractors The following sources were used to identify potential subcontractors for solicitation purposes:

***Check each line below as applicable.***

The following narrative explains how the areas to be subcontracted to SB, VOSB, SDVOSB, HUBZone, SDB, and WOSB concerns were determined, how the capabilities of those concerns were considered contract opportunities and how such data relates to the proposal.

***Expand this section or attach additional sheets and reference here if needed.***

1. Indirect Costs Indirect costs have / have not been included in the dollar and percentage subcontracting goals above.

***If indirect costs have been included then include the following, otherwise delete. *** Following is the method used to determine the proportionate share of such costs to be allocated as subcontracts to SB, VOSB, SDVOSB, HUBZone, SDB, and WOSB concerns:

1. Subcontracting Program Administrator (SPA):

The following named individual has general overall responsibility for the company’s subcontracting program, i.e., developing, preparing, and executing subcontracting plans and monitoring performance relative to the requirements of this subcontracting plan.

Name:

Title:

Address:

Phone #:

E-mail:

SPA Authorities and Responsibilities:

***Confirm the following authorities & responsibilities***

1. Develops and promotes companywide policy initiatives that demonstrate the company’s support for awarding contracts and subcontracts to SB, SDB, WOSB, HUBZone, VOSB and SDVOSB concerns; and for assuring that these concerns are included on the source lists for solicitations for products and services they are capable of providing;

1. Develops and maintains bidder source lists of SB, VOSB, SDVOSB, HUBZone, SDB, and WOSB concerns from all possible sources;

1. Ensures periodic rotation of potential subcontractors on bidder’s lists;

1. Assures that SB, VOSB, SDVOSB, HUBZone, SDB, and WOSB businesses are included on the bidders’ list for every subcontract solicitation for products and services that they are capable of providing;

1. Ensures that Requests for Proposals (RFPs) are designed to permit the maximum practicable participation of SB, VOSB, SDVOSB, HUBZone, SDB, and WOSB concerns;

1. Reviews subcontract solicitations to remove statements, clauses, etc., which might tend to restrict or prohibit SB, VOSB, SDVOSB, HUBZone, SDB, and WOSB participation;

1. Accesses various sources for the identification of SB, VOSB, SDVOSB, HUBZone, SDB, and WOSB concerns, including 1) SBA’s Dynamic Small Business Search web page (http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm), 2) the System for Awards Management (www.sam.gov), 3) local small business and minority associations, 4) local chambers of commerce and 5) Federal agencies’ Small Business Offices;

1. Establishes and maintains contract and subcontract award records;

1. Participates in Business Opportunity Workshops, Minority Business Enterprise Seminars, Trade Fairs, Procurement Conferences, etc;

1. Ensures that SB, VOSB, SDVOSB, HUBZone, SDB, and WOSB concerns are made aware of subcontracting opportunities and assists concerns in preparing responsive bids to the company;

1. Monitors the company’s subcontracting program performance and makes any adjustments necessary to achieve the subcontract plan goals;

1. Prepares and submits timely, required subcontract reports;

1. Conducts or arranges training for purchasing personnel regarding the intent and impact of 8(d) of the Small Business Act on purchasing procedures;

1. Coordinates the company’s activities during the conduct of compliance reviews by Federal agencies;

1. Other duties:

1. Equitable Opportunity The following efforts will be undertaken to ensure that SB, VOSB, SDVOSB, HUBZone, SDB, and WOSB concerns will have an equitable opportunity to compete for subcontracts.

1. Outreach efforts to obtain sources:

0. Contact minority and small business trade associations

0. Contact business development organizations and local chambers of commerce

0. Attend SB, VOSB, SDVOSB, HUBZone, SDB, and WOSB procurement conferences and trade fairs

0. Review sources from the Dynamic Small Business Search web page (http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm)

0. Review sources from the System for Award Management web page (www.sam.gov) ***Note additional efforts if any. *** 0.

0.

1. Internal efforts to guide and encourage purchasing personnel:

1. Conduct workshops, seminars and training programs;

1. Establish, maintain, and utilize SB, VOSB, SDVOSB, HUBZone, SDB, and WOSB source lists, guides, and other data for soliciting subcontractors; and

1. Monitor activities to evaluate compliance with the subcontracting plan.

***Note additional efforts if any.*** 1.

1.

1. Flow-Down Clauses Clause 52.2198, “Utilization of Small Business Concerns,” shall be included in all subcontracts that offer further subcontracting opportunities. All subcontractors (except small business concerns) that receive subcontracts in excess of $700,000 ($1,500,000 for construction) and possess further subcontracting opportunities will be required to adopt and comply with a subcontracting plan that complies with contract clause 52.2199, “Small Business Subcontracting Plan.”

1. Reporting and Cooperation As the prime contractor we will:

1. Cooperate in any studies or surveys that may be required;

1. Submit periodic reports which illustrate compliance with the subcontracting plan;

1. Submit Individual Subcontracting Report (ISR) and Summary Subcontract Report (SSR); via the Electronic Subcontracting Reporting System (eSRS) website (www.esrs.gov) Reports will be submitted, per the schedule below, regardless of whether there has been any subcontracting activity since the inception of the contract or the previous reporting period.

1. Ensure that subcontractors with subcontracting plans agree to submit an ISR and/or a SSR using eSRS.

1. Provide our prime contract number, our DUNS number, and the e-mail address of our official responsible for acknowledging receipt of or rejecting the ISRs, to all first-tier subcontractors with subcontracting plans so they can enter this information into the eSRS when submitting their ISRs; and

1. Require that each subcontractor with a subcontracting plan provide the prime contract number, its own DUNS number, and the e-mail address of the subcontractor’s official responsible for acknowledging receipt of or rejecting the ISRs, to its subcontractors with subcontracting plans.

1. Recordkeeping The following is a description of the types of records that will be maintained concerning procedures that have been adopted to comply with the requirements and goals in this subcontracting plan, including establishing source lists; and a description of our efforts to locate SB, VOSB, SDVOSB, HUBZone, SDB, and WOSB concerns and award subcontracts to them.

***Refer to contract clause 52.219-9(d)(11) for a listing of recordkeeping requirements. Also include a description of your firm’s records maintenance procedures for locating each category of small business for use as a subcontractor. ***

1. Acquiring Supplies & Services As the prime contractor we will make a good faith effort to acquire articles, equipment, supplies, services, or materials, or obtain the performance of construction work from the small business concerns that we used in preparing our proposal, in the same or greater scope, amount, and quality used in preparing and submitting our proposal.

1. Contracting Officer Notice Regarding the Acquisition of Supplies & Services As the prime contractor we will provide the Contracting Officer with a written explanation if we fail to acquire articles, equipment, supplies, services or materials or obtain the performance of construction work as described in section 12 above. This written explanation will be submitted to the Contracting Officer within 30 days of contract completion.

1. Prohibition of Subcontractor Discussions As the prime contractor we will not prohibit a subcontractor from discussing with the Contracting Officer any material matter pertaining to payment to or utilization of a subcontractor.

1. Subcontractor Payments As the prime contractor we will 1) pay our small business subcontractors on time and in accordance with the terms and conditions of the underlying subcontract, 2) notify the Contracting Officer when we make either a reduced or an untimely payment to a small business subcontractor, 3) accelerate payment to our subcontractors in accordance with contract clause 52.232-40.

***Refer to contract clause 52.242-5 for additional subcontractor payment requirements. ***

1. Description of Good Faith Effort Maximum practicable utilization of SB, SDB, WOSB, HUBZone, VOSB and SDVOSB concerns as subcontractors in Government contracts is a matter of national interest with both social and economic benefits. When a contractor fails to make a good faith effort to comply with a subcontracting plan, these objectives are not achieved and 15 U.S.C. 637(d) (4) (F) directs that liquidated damages shall be paid by the contractor.

Following is a description of our firm’s commitment to making a good faith effort towards the subcontracting goals noted above.

Required Signatures:

Contractor Company Name This Subcontracting Plan is submitted by:

Signature:

Print Name: Date:

Title:

Contracting Officer, National Park Service – Denver Service Center As the Contracting Officer I:

· Have confirmed all subcontractors evaluated are included in this Subcontracting Plan, (Because a prime contract has not yet been awarded not all subcontractors have been determined and evaluated.)

· Have confirmed certification for all submitted HUBZone firms are current, (We will also confirm current certification of any HUBZone firms added during contract performance.)

· Will monitor the contractor to ensure subcontractors evaluated are used in performance of the work,

· Will monitor the prime contractor’s submitted eSRS reports to verify good faith efforts are made to meet the goals of this plan considering all future subcontracts,

· Will insure a copy of the final award document is submitted to the SBA Area Director, Office of Government Contracting, where the contract will be performed,

· Am committed to assuring compliance with applicable contract requirements.

In accordance with FAR Part 19.705-4 and based upon the information noted above I have determined the Contractor’s proposed Subcontracting Plan is acceptable.

Additional Comments:

Signature:

Print Name: Date:

Small Business Specialist, National Park Service - Denver Service Center The Subcontracting Plan has been reviewed and determined:

Comments:

Signature:

Print Name: Date:

Small Business Specialist, National Park Service – Headquarters (Washington Support Office) The Subcontracting Plan has been reviewed and determined:

Signature:

Print Name: Date:

Small Business Administration Procurement Center Representative The Subcontracting Plan has been reviewed and determined:

(Please retain a copy of this final negotiated subcontracting plan for SBA records to meet the requirement of FAR 19.705-6(c)(2)) and DOI-AAAP 0076.)

Signature:

Print Name: Date:

Section K – Representations, Certifications, and Other Statements of Offerors

52.204-8 -- Annual Representations and Certifications (Oct 2018)

(a)

(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is $39.5M.

(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

(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.

(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.

(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.

(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.

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

☐ (A) Basic.

☐ (B) Alternate I.

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

(1) The Offeror has completed the annual representations and certifications electronically in SAM website 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.

(2) 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)

52.204-19 -- Incorporation by Reference of Representations and Certifications (Dec 2014)

The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

52.204-24 – Representations Regarding Certain Telecommunications and Video Surveillance Services and Equipment (Oct 2020)

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

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to— (i)Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii)Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to— (i)Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii)Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that— (1)It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and (2)After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i)For covered equipment— (A)The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B)A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C)Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii)For covered services— (A)If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B)If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does” in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i)For covered equipment— (A)The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B)A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C)Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii)For covered services— (A)If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B)If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision (End of provision) 52.204-26 – Covered Telecommunications Equipment or Services – Representation (Oct 2020)

(1) (a) Definitions. As used in this provision, “covered telecommunications equipment or services” and “reasonable inquiry” have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) 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”.

(c) Representation. (1) The Offeror represents that it [ ] does, [ ] 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.

(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 any equipment, system, or service that uses covered telecommunications equipment or services.

(End of 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.

(b) 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)

52.209-13 – Violation of Arms Control Treaties or Agreements – Certification (Jun 2018)

(a) This provision does not apply to acquisitions below the simplified acquisition threshold or to acquisitions of commercial items as defined at FAR 2.101.

(b) Certification. [Offeror shall check either (1) or (2).]

(1) The Offeror certifies that–

(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state.