B08_SOL_-_RFP_140D0422R0091_-_Legal_Services_for_Afghan_Arrivals_through_Operation_Allies_Welcome_v7_1_.pdf

United States Department of the Interior

INTERIOR BUSINESS CENTER

Washington, DC 20240

To: Prospective Offerors

From: Acquisition Services Directorate (AQD), Interior Business Center (IBC), Department of the

Interior (DOI)

Subject: Request for Proposals (RFP) No. 140D0422R0091 – Single Award contract for Legal Services for Afghan Arrivals through Operation Allies Welcome

Version: Original (140D0422R0091): Issued 08_25_2022

Attachments: 1 – Performance Work Statement (PWS)

2 – Pricing Spreadsheet 3 – Questions Form 4 – HHS Subcontracting Plan Template

1. Overview

AQD is issuing this competitive RFP on behalf of the Department of Health and Human Services (HHS), Administration of Children and Families (ACF), Office of Refugee Resettlement (ORR). The purpose is to solicit Legal Services for Afghan Arrivals through Operation Allies Welcome. AQD will conduct this acquisition using Federal Acquisition Regulation (FAR) 15.3 procedures in conjunction with the policies found under FAR 12, Acquisition of Commercial Items.

AQD is a Federal Franchise Fund Contracting Office that operates under the authority of the Government Management Reform Act, as amended. AQD provides contracting support to all Federal Agencies and the Department of Defense. AQD Procurement will handle the solicitation, award, contract administration, and invoice payments for this requirement.

AQD intends on awarding a single contract after receipt and evaluation of all proposals. It is the Government’s intent to make award to the responsible Offeror who, in conformance with the RFP, demonstrates the ability to provide the overall best value to the Government, considering technical evaluation factors and price, using trade-off methodology. The Government reserves the right to cancel this solicitation without award if the needs of the requirement are not met. This RFP does not commit the Government to pay for the costs associated with the preparation and submission of a proposal.

Any response that is non-compliant with any requested submission requirements of this RFP may be removed from further consideration.

NAICS Code: 541199 – All Other Legal Services PSC Code: R418 – Support-Professional: Legal

Offerors interested in this acquisition may participate by submitting responses in accordance with the following instructions.

2. Competition

This solicitation is being issued to both small and other than small businesses (OTSBs) using full and open contracting procedures, FAR 15.3 procedures in conjunction with the policies found under FAR 12, Acquisition of Commercial Items, best value trade-off, T&M, 10-month base + 1 12- month option.

Funding for this requirement is through the Afghanistan Supplemental Appropriations Act, 2022 and the Additional Afghanistan Supplemental Appropriations Act, 2022, which may only be used for contracts with qualified nonprofit organizations. As a result, only proposals received from qualified nonprofit organizations will be considered.”

3. Anticipated Contract Type

The resultant contract will be Time & Materials (T&M).

4. Period of Performance

The Period of Performance for this requirement includes a 10-month base period and a 12-month option period thereafter.

5. Questions and Proposal Deadlines

Question & Answer Period

All questions shall be submitted in writing via email to the Contracting Officer (CO) no later than 9:00am ET on September 7, 2022. Questions shall be sent via email to Steven_Schumacher@ibc.doi.gov with “Questions from [insert company name here] – RFP 140D0422R0091” included in the subject line. The Government reserves the right to not address all questions. Responses will be provided as an attachment to a subsequent RFP amendment.

When submitting questions, Offerors shall use Attachment 3 – Questions Form.

Deadline for Proposal Submission

The deadline for submitting a proposal in response to this RFP is September 21, 2022 at 3:00pm ET. No facsimile transmissions of the proposal will be accepted. The proposal shall be sent via email to Steven_Schumacher@ibc.doi.gov with “Proposal from [insert company name here] – RFP 140D0422R0091” included in the subject line.

Please note that it is the Offeror’s responsibility to ensure/verify the Government receives its submission on or before the deadline. The Government reserves the right to not accept any late proposals for any reason, including those related to any technical difficulties.

6. Proposal Content / Submission Requirements

Overview

The proposal submission format is provided below:

mailto:Steven_Schumacher@ibc.doi.gov mailto:Steven_Schumacher@ibc.doi.gov

Volume Section Page Limit

Volume I: General and Technical

General None Completed SF-1449, SF-30 (if any) None SAM Registration None Representations & Certifications None Technical Assumptions None Technical/Management - PWS

• PWS 20 pages

Technical/Management – Technical Proposal

• Technical Approach

• Quality Control Plan

20 pages 10 pages

Technical/Management – Management Proposal

• Management Approach

• Resumes (No more than 3 pages each; not included in the overall page limit)

• Letters of Commitment (1 page each, not included in overall page limit)

10 pages

Volume II: Past Performance Past Performance Documentation

• Letters of Commitment 10 pages

Volume III: Additional Proposal Documentation

Subcontracting Plan 10 pages Indexes 10 pages

Volume IV: Price Price Assumptions None Price Proposal None

Volume I, Section 1: General

This section shall include a cover sheet. This cover sheet shall include the information listed below in letters A – S:

A. Name of Company B. Address C. City, state, zip code D. System for Award Management (SAM) Unique Entity ID (UID) E. CAGE Code F. SAM Registration G. Acknowledgement of receipt of all solicitation Amendments (if any Amendments issued) H. Taxpayer Identification Number (TIN) I. Socioeconomic status J. Point of contact (primary and alternate) K. Telephone number L. Email address M. Solicitation number N. Date of proposal O. Name of any subcontractors and their socioeconomic status, if applicable P. Prompt payment terms Q. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation

R. Names and contact information of persons authorized to negotiate on the company’s behalf S. A statement that the proposal expires no sooner than 60 days after submission

Volume I, Section 2: Completed SF-1449 and SF-30

The SF-1449 and SF-30 (if any) shall be fully completed and signed upon submission. The Offeror is cautioned that the SF-1449 must contain an original signature in block 30a of the form; certified electronic signatures will be accepted.

Volume I, Section 3: SAM Registration

This section shall include evidence of the Offeror’s current System of Award Management (SAM) database registration (http://www.sam.gov). A screenshot of the Offeror’s SAM registration page is acceptable evidence. All Offerors must be registered in SAM to receive Government contracts. If an Offeror’s SAM account will expire before the award date, it is the Offeror’s responsibility to ensure that its account is active at time of award.

Volume I, Section 4: Representations and Certifications

This solicitation contains the following provisions that each Offeror must complete and return with its proposal (see Section 8 of this RFP for each provision in its full text):

• FAR 52.204-24 – Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

• FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020)

• FAR 52.209-7 – Information Regarding Responsibility Matters (Oct 2018)

• FAR 52.212-3 – Offeror Representations and Certifications-Commercial Items (Jan 2021)

• FAR 52.227-15 – Representation of Limited Rights Data and Restricted Computer Software (Dec

2007)

• FAR 52.229-11 – Tax on Certain Foreign Procurements-Notice and Representation (Jun 2020)

Volume I, Section 5: Technical Assumptions

Offerors shall indicate, in this section only, if any technical-related assumptions have been made, conditions have been stipulated or exceptions have been taken with the Legal Services PWS, as written. If technical assumptions are not noted in this volume and this section of the proposal, it will be assumed that the Offeror’s proposal reflects no technical assumptions for award and the Offeror agrees to comply with all the terms and conditions set forth herein. Any technical-related assumptions listed in any other volume or section shall be null and void.

The Offeror is advised that any assumptions/exceptions taken to the terms and conditions of the RFP may adversely impact its evaluation. Any assumptions/exceptions that are considered unacceptable by the Government and cannot be resolved may result in the Offeror being removed from further consideration.

Volume I, Section 6: Technical/Management – PWS

Each Offeror shall submit a technical proposal describing their proposed methods and techniques for meeting all requirements identified in the PWS. This includes describing the proposed tasks and deliverables for completing all requirements identified in the PWS.

http://www.sam.gov/

Volume I, Section 7: Technical/Management – Technical Proposal

Offerors shall submit a Technical Proposal that clearly:

• Demonstrates that the offeror understands the mission of the ORR under this requirement.

• Demonstrates the offeror’s comprehensive understanding of the issues and purpose of the project, including understanding the mission of Operation Allies Welcome (OAW), immigration law, and Office of Refugee Resettlement’s policies and procedures; and provides an innovative understanding of the program management responsibilities.

• Demonstrates the offeror’s clear and innovative understanding of the program management responsibilities.

• Demonstrates the offeror’s understanding of the work, including a clear and comprehensive methodology for carrying out the requirements of the PWS, defined tasks, and implementation of the project.

• Demonstrates a clear plan for program management, including the provision of technical and program activities that are necessary for the effective project management of the PWS.

• Demonstrates descriptions of methods and techniques for completing each task requirement.

Additionally, the Offeror will be evaluated on its ability to provide a clear description of how the program design is appropriate for the targeted population, taking into account culture, native languages and other needs related to legal representation.

• Demonstrates an approach that includes clear and comprehensive methodology for carrying out the requirements of the PWS, including a management proposal, descriptions of methods and techniques for the targeted populations, taking into account culture, relevant languages, and organizational mission and goals.

The Offeror shall include a Quality Control Plan. The Quality Control Plan shall:

• Demonstrate a system of ongoing supervision, observation, coaching and professional development of all personnel to ensure they have the skills, knowledge and capabilities to deliver the legal services included as part of this requirement.

• Demonstrate a comprehensive ongoing monitoring system to assess the quality and effectiveness of legal services, including personnel who are geographically dispersed.

• Demonstrate internal policies to provide timely and effective response to concerns about the quality of legal services or personnel performance evaluations/assessments.

• Demonstrate how the Offeror will ensure work products and contract deliverables meet ORR requirements with minimal revision or correction.

• Demonstrate how the Offeror will analyze legal services data and trends for use in planning and developing recommendations.

• Demonstrate how the Offeror will provide oversight of contract expenditures and budget burn rates to ensure efficient and effective utilization of federal funds and minimize risk of cost overruns.

Volume I, Section 8: Technical/Management – Management Proposal

Offerors shall submit a Management Proposal that clearly:

• Demonstrates a comprehensive overview of the Offeror’s organization, including qualification, performance history, organizational mission and goals.

• Demonstrates a sound relationship between the proposed responsibilities of key staff positions according to requirements and necessary personnel (legal service providers) in successfully executing project management.

• Demonstrates the ability to meet the educational, professional experience, and technical capabilities required for key personnel positions according to the requirements outlined in the RFP Section 7, Factor 2.

• Demonstrates the ability to hire and train necessary personnel and related support necessary staff (Legal Service Providers: LSPs) as required by a specific task.

• Demonstrates the ability to provide the technical and functional activities at the contract level needed for the management of this project.

• Demonstrates a clear organizational structure of the proposed program that describes delineation of authority, roles and responsibilities and supervision across the entire organization

• Demonstrates experience with cultural competency. Demonstrate ability to identify viable forms of legal relief and related services to individuals with various cultural backgrounds, various language capabilities, and individuals who have experienced trauma.

• Demonstrates the Organization’s ability to provide recommendations free from conflicts of interest or conflicts of financial incentives.

Offerors shall provide resumes for Key Personnel. Key Personnel are identified in Section VI of the PWS. Resumes (as part of Evaluation factor 2) will be used to evaluate the following areas with respect to proposed personnel:

(a) Management of similar projects and tasks

(b) Performance of similar work on at least two projects

(c) Experience working with immigrant and/or refugee populations

Resumes (no more than 3 pages each) shall include the following:

• Name of proposed person

• Proposed position, function, or role

• Education [including, in reverse chronological order, colleges and/or technical schools attended (with dates), degree(s)/certification(s) received, major field(s) of study, and approximate number of total class hours if available]

• Experience (including, in reverse chronological order, area(s) of work in which a person is qualified, company and title of position, approximate starting and ending dates (month/year), concise descriptions of experience for each position held

• Certification by the personnel and a senior official in the organization that the information contained in the resume is correct and accurate.

Additionally, in assessing key personnel, the Government reserves the right to consider knowledge available within the Government regarding the experience and qualification of any of the proposed key personnel.

Letters of Commitment Letters of commitment are required of all Key Personnel. The letter of commitment must be directed to supporting this program including the length of an individual’s commitment and must be signed by the individual and a corporate authorized official.

Volume II: Past Performance Documentation A maximum of three (3) past performance references shall be submitted for contracts the Offeror has been performing within the past five (5) years. Only one (1) of the references may be for a subcontractor.

Past performance shall be based on the Offeror’s history of successful completion of projects/efforts of similar scope and complexity specified within the PWS; with a history of staying on schedule and within budget; and producing high quality deliverables.

Each past performance reference is limited to three (3) pages and shall include the following information:

• Several points of contact, but at a minimum shall include the Contracting Officer and/or Contracting Officer’s Representative. Any other pertinent officials that can verify performance may also be included. Information for each point of contact shall include their name, agency/company, address, phone number and email address.

• For contracts with the Federal Government, the Offeror shall indicate whether the Government has evaluated the contractor and past performance information is available through Contractors Performance Assessment Reporting System (CPARS).

• Contract title

• Contract number (and task order number when applicable)

• Contract type

• Total contract value (including base & all options)

• Project description and size information

• If the past performance reference is for a subcontractor, identify the major or critical aspects of the requirement that they will perform

• Description of the relevancy of the past performance reference to the PWS

• Did the contract include small business subcontract goals for mall disadvantaged business concerns? If so, were the goals met?

• Provide an explanation of problems, delays, cost overruns and corrective actions taken.

The Offeror shall submit consent letters executed by each subcontractor, teaming partner, and/or joint venture partner, authorizing the release of past performance information so the Offeror can respond to such information.

Past performance information is proprietary source selection information. The Government will only discuss past performance information directly with the entity or person that is being reviewed. If there is a problem with the proposed subcontractor's past performance, the prime can be notified of a problem, but no details will be discussed without the subcontractor's permission.

Volume III, Section 1: Subcontracting Plan

OTSB Offerors shall submit a small business subcontracting plan with their proposal in accordance with FAR 19.7 and the clause 52.219-9. If an OTSB Offeror does not include a subcontracting plan, the Offeror’s proposal will be deemed non-responsive. The submission of a subcontracting plan shall follow the instructions found in Attachment 4 – HHS Subcontracting Plan Template. OTSB Offerors shall subcontract, at a minimum, 10% of the Total Contract Value (TCV) to small businesses. Of that subcontracting dollar amount, the OTSB Offeror shall aim to meet or exceed the percentages shown below which represent the HHS FY2021 subcontracting goals:

Small Business: 33% Small Disadvantaged Business (including 8a, ANC): 5% Woman-Owned Small Business: 5% Hubzone: 3% Service-Disabled Veteran-Owned Small Business: 3%

Amendments to the HHS subcontracting template may be submitted by the Contractor as an additional attachment. Any proposed amendment to the HHS subcontracting template must be signed by the proper authority holder explaining why an item within the HHS subcontracting template cannot be met, if any.

Volume III, Section 2: Indexes

Any Indexes determined by the Offeror to be necessary for the Proposal shall be placed here for reference. Indexes are not required.

Volume IV, Section 1: Price Assumptions

Offerors shall indicate, in this section only, if any price-related assumptions have been made, conditions have been stipulated or exceptions have been taken with the PWS as written. If not noted in this volume of the proposal, it will be assumed that the Offeror’s proposal reflects no price assumptions for award and agrees to comply with all of the terms and conditions set forth herein. It is not the responsibility of the Government to seek out and identify assumptions, conditions, deviations, or exceptions buried within the Offeror’s proposal. Accordingly, any price-related assumptions listed in any other volume or section shall be null and void.

The Offeror is advised that any assumptions/exceptions taken to the terms and conditions of the RFP may adversely impact its evaluation rating. Any assumptions/exceptions that are considered unacceptable by the Government and cannot be resolved may result in the Offeror being removed from further consideration.

Volume IV, Section 2: – Price

The price proposal shall be a separate volume from all other volumes and more specifically, the technical proposal. There is no page limit on the price proposal.

1. To assist Offerors in providing conforming price proposals and to promote standardization across submissions, the Government has provided a Pricing Spreadsheet (Attachment 2) that shall be used by the Offerors. The Pricing Spreadsheet included the required labor categories, labor quantities, and level of effort (total labor hours) for each labor category. The Offeror is required to submit pricing data in the format indicated in the attachment.

2. Note: Offerors shall leave Attachment 2 as an Excel spreadsheet when submitting their price proposal. Offerors shall not submit locked spreadsheets. Failure to use the Excel spreadsheet as provided will be viewed as unacceptable and the Offeror will be removed from consideration for award.

3. Offerors shall submit data other than certified cost and pricing data to substantiate ALL proposed prices. While no specific format for submitting this data is required, the quantities and the basis for all pricing (e.g. vendor quotes, commercial sales data) shall be provided. The Contracting Officer will use this data in determining a fair and reasonable price.

4. Deviations from the provided level of effort in the Pricing Spreadsheet (Attachment 2) are allowed. The reasoning for deviations shall be explained in the Price Assumptions section.

7. Evaluation

Basis of Award

It is the Government’s intent to award a single contract using the procedures found in FAR 15.3, in conjunction with the policies found under FAR 12, to the responsible Offeror whose proposal, in conforming to the RFP, provides the overall best value to the Government considering technical evaluation factors and price.

The Contracting Officer, as the source selection authority, will utilize a best value trade-off methodology where non-price factors, when combined, are significantly more important than price.

The evaluation factors are listed below in order of importance:

Importance Evaluation Factor Volume of Proposal 1st Order of Importance Factor 1: Technical Approach Volume I, Section 7 2nd Order of Importance Factor 2: Management Approach Volume I, Section 8 3rd Order of Importance Factor 3: Past Performance Volume II 4th Order of Importance Factor 4: Subcontracting Plan Volume III, Section 1 5th Order of Importance Factor 5: Price Volume IV

Evaluation Factors

Factor 1: Technical Approach The proposal will be evaluated on the Offeror’s ability to:

• Demonstrate that the offeror understands the mission of the ORR under this requirement.

• Demonstrate the offeror’s comprehensive understanding of the issues and purpose of the project, including understanding the mission of Operation Allies Welcome (OAW), immigration law, and Office of Refugee Resettlement’s policies and procedures; and provides an innovative understanding of the program management responsibilities.

• Demonstrate the offeror’s clear and innovative understanding of the program management responsibilities.

• Demonstrate the offeror’s understanding of the work, including a clear and comprehensive methodology for carrying out the requirements of the PWS, defined tasks, and implementation of the project.

• Demonstrate a clear plan for program management, including the provision of technical and program activities that are necessary for the effective project management of the PWS.

• Demonstrate methods and techniques for completing each task requirement. Additionally, the Offeror will be evaluated on its ability to provide a clear description of how the program design is appropriate for the targeted population, taking into account culture, native languages and other needs related to legal representation.

• Demonstrate an approach that includes clear and comprehensive methodology for carrying out the requirements of the PWS, including a management proposal, descriptions of methods and techniques for the targeted populations, taking into account culture, relevant languages, and organizational mission and goals.

• Provide a Quality Control Plan that clearly:

o Demonstrates a system of ongoing supervision, observation, coaching and professional development of all personnel in order to ensure they have the skills, knowledge and capabilities to deliver the legal services included as part of this requirement.

o Demonstrates a comprehensive ongoing monitoring system to assess the quality and effectiveness of legal services, including personnel who are geographically dispersed.

o Demonstrates internal policies to provide timely and effective response to concerns about the quality of legal services or personnel performance evaluations/assessments.

o Demonstrates how the Offeror will ensure work products and contract deliverables meet ORR requirements with minimal revision or correction.

o Demonstrates how the Offeror will analyze legal services data and trends for use in planning and developing recommendations.

o Demonstrates how the Offeror will provide oversight of contract expenditures and budget burn rates to ensure efficient and effective utilization of federal funds and minimize risk of cost overruns.

Factor 2: Management Approach The proposal will be evaluated on the Offeror’s ability to:

• Demonstrate a comprehensive overview of the Offeror’s organization, including qualification, performance history, organizational mission and goals.

• Demonstrate a sound relationship between the proposed responsibilities of key staff positions according to requirements and necessary personnel (legal service providers) in successfully executing project management.

• Demonstrate the ability to meet the educational, professional experience, and technical capabilities required for key personnel positions according to the requirements outlined in the RFP Section 7, Factor 2.

• Demonstrate the ability to hire and train necessary personnel and related support necessary staff (Legal Service Providers: LSPs) as required by a specific task.

• Demonstrate the ability to provide the technical and functional activities at the contract level needed for the management of this project.

• Demonstrate a clear organizational structure of the proposed program that describes delineation of authority, roles and responsibilities and supervision across the entire organization

• Demonstrate experience with cultural competency. Demonstrate ability to identify viable forms of legal relief and related services to individuals with various cultural backgrounds, various language capabilities, and individuals who have experienced trauma.

• Demonstrate of the Organization’s ability to provide recommendations free from conflicts of interest or conflicts of financial incentives.

The proposal’s key personnel will be evaluated on the Offeror’s ability to:

• Demonstrate the quality and level of education and experience of individual personnel in working with similar populations or projects.

• Demonstrate the use of a proposed Project Director with experience in managing projects of this magnitude, complexity, and sensitivity. Project Director and Planning Analyst should also have extensive experience overseeing time sensitive projects.

• Demonstrate resumes for each proposed key staff; letters of commitment for staff members whose hiring is contingent upon award of the contract; a full time commitment for each person on the contract; and when staff will be available to begin working under this award.

Factor 3: Past Performance Past performance shall be based on the Offeror’s history of successful completion of projects/efforts of similar scope and complexity specified within the PWS; with a history of staying on schedule and within budget; and producing high quality deliverables.

The Government reserves the right to obtain information for use in the evaluation of past performance from all sources including sources outside of the Government. Past performance information will be utilized to determine the quality of the contractor’s past performance as it relates to the probability of success for the required effort.

Furthermore, Offerors without a minimum of one (1) relevant past performance record documenting the prime contractor’s performance will be evaluated neither favorable nor unfavorable for this factor.

Factor 4: Subcontracting Plan The Government will evaluate the Other than Small Business (OTSB) Offeror’s subcontracting plan and the extent to which it meets the requirements of FAR subpart 19.7, FAR clause 52.219-9, the minimum TCV of 10% for small business subcontracting, and the HHS FY2022 subcontracting goals. In the event no subcontracting plan is submitted, and the Offeror is an OTSB, the Offeror’s proposal will be deemed non-responsive, and the Offeror may be immediately removed from competition.

Factor 5: Price Each price proposal will be evaluated for accuracy, completeness, and reasonableness. This process involves verification that prices are included for all RFP requirements and that figures are correctly calculated. Due to potential variations in solutions that each Offeror may submit to meet the PWS, a determination of “price reasonableness” will be based on the Government’s evaluation of each element listed in the Offeror’s price proposal. The Government reserves the right to utilize any/all proposal submission information to assist in making a determination of reasonableness. This determination will include a review of the data other than certified cost and pricing data submitted and may include other price analysis techniques in accordance with FAR 15.404-1(b). If determined to be necessary, the Government reserves the right to conduct a price realism analysis.

The Total Evaluated Price for purposes of award will be determined by the total calculation identified in the submission for Attachment 2.

8. Solicitation Provisions and Clauses

FAR 52.252-1 – Solicitation Provisions Incorporated by Reference (Feb 1998)

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

Federal Acquisition Regulation (FAR): https://www.acquisition.gov/far Department of the Interior Acquisition Regulation (DIAR): https://www.acquisition.gov/diar Health and Human Services Acquisition Regulation (HHSAR): https://www.acquisition.gov/hhsar

(End of provision)

FAR Provision Title Date 52.204-7 System for Award Management Oct 2018 52.204-16 Commercial and Government Entity Code Reporting Aug 2020 52.204-22 Alternative Line Item Proposal Jan 2017 52.207-6 Solicitation of Offers from Small Business Concerns and Small

Business Teaming Arrangements or Joint Ventures (Multiple-Award Contracts)

Oct 2016

52.212-1 Instructions to Offerors—Commercial Products and Commercial Services*

Nov 2021 https://www.acquisition.gov/hhsar

52.216-31 Time-and-Materials/Labor-Hour Proposal Requirements – Commercial Item Acquisition

Nov 2021

52.217-5 Evaluation of Options July 1990

DIAR Provision Title Date 1452.215-71 Use and Disclosure of Proposal Information – Department of the

Interior Apr 1984

HHSAR Provision Title Date 352.239-73 Electronic Information and Technology Accessibility Notice Dec 2015

Provisions Incorporated by Full Text

FAR 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 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/52.204-26#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 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— https://www.sam.gov/

(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)

FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020)

(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)

(1) Representation. 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.

FAR 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).

FAR 52.212-3 – Offeror Representations and Certifications-Commercial Items (Nov 2021) 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. 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.

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.

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 https://www.sam.gov/ https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 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 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim 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 concern—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any…