Combined Synopsis - Solicitation 20214361033 Package.pdf

POC: Carmella L. Speer, Supervisory Contracting Officer 5-21-2021

US Section International Boundary and Water Commission

Combined Synopsis-Solicitation 20214361033

Agency Wide Physical Security Assessment

SOLICITATION 20214361033

TABLE CONTENTS

SOLICITATION NUMBER:

NOTICE TYPE:

SYNOPSIS:

DESCRIPTION:

TECHNICAL APPROACH:

PAST PERFORMANCE:

COVID-19 REQUIREMENTS:

INVOICE PROCESSING PLATFORM

ACKNOWLEDGMENT OF AMENDMENTS

SCHEDULE OF VALUES

TERMS AND CONDITIONS

CLAUSES BY REFERENCE:

CLAUSES BY FULL TEXT:

52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS. (NOV 2020)

ADDENDUM 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES 7

52.228-16 PERFORMANCE AND PAYMENT BONDS-OTHER THAN CONSTRUCTION .. 7

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

INVOICE PROCESSING PLATFORM

CERTIFIED COST OR PRICING DATA

PROVISIONS BY REFERENCE TEXT:

PROVISIONS BY FULL TEXT:

52.204-24, REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

52.209-7, INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) 13

52.212-2, EVALUATION-COMMERCIAL ITEMS (OCT 2014)

ADDENDUM FAR 52.212-2, EVALUATION-COMMERCIAL ITEMS (OCT 2014) ... 15

52.212-3, OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL

ITEMS (NOV 2020)

52.233-2 SERVICE OF PROTEST

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

SOLICITATION NUMBER:

20214361033

NOTICE TYPE:

Combined Synopsis/Solicitation

SYNOPSIS:

This is a combined synopsis/solicitation for commercial items in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued separately.

This solicitation document and its incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2021-05 dated March 10, 2021.

The solicitation number is 20214361033 and this solicitation is issued as a request for proposal (RFP).

This is a 100% Small business Set Aside. The associated North American Industry Classification System (NAICS) code is 541690 Other Scientific and Technical Consulting Services, with a corresponding small business standard of $16.5 million. Only offers from small businesses will be considered for this solicitation.

Offer due date/local time: 2:00 PM Mountain Standard Time on June 28, 2021. Please reference the solicitation number of 20214361033 in the subject. Offers shall be emailed to carmella.speer@ibwc.gov. FAXED QUOTES WILL NOT BE ACCEPTED.

Please include your DUNS number with your offer.

Only questions submitted by email to carmella.speer@ibwc.gov and Sylvia.grindstaff@ibwc.gov will be considered. Questions received from Offerors after 2:00 pm Mountain Standard Time on June 08, 2021 may not be responded to.

A site visit may be scheduled by contacting Aaron Haynes at

(915) 832-4782 or by email aaron.haynes@ibwc.gov.

All vendors must adhere to COVID-19 requirements for social distancing and the use of personal protective equipment (PPE) (i.e. mask and gloves). Vendors will not be permitted access to IBWC facilities without proper PPE. Virtual site visits mailto:carmella.speer@ibwc.gov mailto:carmella.speer@ibwc.gov mailto:Sylvia.grindstaff@ibwc.gov mailto:aaron.haynes@ibwc.gov

(video/photographs) are not permitted.

DESCRIPTION:

The United States Section of the International Boundary and Water Commission (USIBWC), Security Services Division located at 4191 N. Mesa St., El Paso, TX 79902 requires an agency-wide physical security assessment as outlined in the attached Statement of Work (SOW).

The Government will award one Firm Fixed Priced contract resulting from this solicitation to the responsible Offeror based on Lowest Price Technically Acceptable. Technical acceptability will be based on the Contractor’s Technical Approach, Expertise and Qualified Personnel to provide the services, and Past Performance.

TECHNICAL APPROACH:

Proposals must demonstrate the technical approach by providing a two to three-page narrative addressing the items in the PWS. The narrative shall at a minimum include your plan of action, equipment, key team members, and schedule.

PAST PERFORMANCE:

Proposals shall demonstrate successful past performance of at least one (1), but not more than three (3) references for similar projects. The information shall include name of person, company, phone number, email address, and brief description of the project.

Offerors shall submit pictures and specifications of items being proposed.

Failure to submit required technical approach and past performance will deem a proposal non-responsive and no consideration for award will be given.

Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items, with its offer. NOTE: The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website accessed through http://www.acuisition.gov.

http://www.acquisition.gov/far/html/52_212_213.html#wp1179194

COVID-19 REQUIREMENTS:

Contractor employees must adhere to all CDC and OSHA COVID19 requirements while on IBWC property and when participating in any type of function associated with this requirement.

In accordance with OSHA EM 385-1-1 03.A.06 the OSHA recommended Infectious Disease Preparedness and Response Plan is required and must be submitted within 10 days after award.

INVOICE PROCESSING PLATFORM

The U.S. Section International Boundary and Water Commission (USIBWC) has transitioned to an electronic invoicing system. The Invoice Processing Platform (IPP) is a secure, web-based system provided by the U.S. Department of the Treasury’s Bureau of the Fiscal Service in partnership with the Federal Reserve Bank of St. Louis. IPP is available at no cost to any commercial vendor or independent contractor doing business with a participating government agency.

Information concerning accessing the IPP system will be provided at time of award.

END of combined synopsis/solicitation.

Attachments:

Scope of Work Wage Determination No. 2015-5245 Rev 12 dated 12-21-2020 Wage Determination No. 2015-5229 Rev 12 dated 12-21-2020 Wage Determination No. 2015-5309 Rev 13 dated 12-21-2020 Wage Determination No. 2015-5447 Rev 11 dated 12-21-2020 Wage Determination No. 2015-5475 Rev 11 dated 12-21-2020 Wage Determination No. 2015-5481 Rev 14 dated 12-21-2020 Wage Determination No. 2015-5635 Rev 15 dated 05-12-2021 Wage Determination No. 2015-5303 Rev 15 dated 12-21-2020 Wage Determination No. 2015-5842 Rev 13 dated 05-27-2020

ACKNOWLEDGMENT OF AMENDMENTS

Amendment Number Date Signature

Solicitation 20214361033

SCHEDULE OF VALUES

USIBWC Agency Wide Physical Security Assessment

Contractor Name:

POC: ___________________________________________

DUNS:

Line Item Description QTY Unit Unit Price Amount

001 Agency Wide Physical Security Assessment 1 JB $ $

001a Workplan for Physical Security Assessment (PSA) 1 JB $ $

001b PSA for each facility 1 JB $ $

001c Security Plan 1 JB $ $

001d Security Plan Drawings 1 JB $ $

001e Security System Component Spreadsheet 1 JB $ $

001f Security Measure Cost Estimates 1 JB $ $

001g Specification Sheets (Security Components) 1 JB $ $

001h Daily Reports 1 JB $ $

001i Record Drawings 1 JB $ $

001j Agenda and minutes of each meeting 1 JB $ $

001k Monthly Update Report 1 JB $ $

002 No Cost Receiving Lines 20 EA Do Not Price Do Not Price

Grand Total $

Signature Date

TERMS AND CONDITIONS

APPLICABLE CLAUSES AND PROVISIONS:

CLAUSES BY REFERENCE:

CLAUSE CLAUSE TITLE DATE

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

JUN 2020

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel

JAN 2011

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code

Maintenance

AUG 2020

52.212-4 Contract Terms and Conditions-Commercial Items OCT 2018 52.228-5 Insurance-Work on a Government Installation JAN 1997 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.237-2 Protection of Government Building, Equipment and Vegetation

APR 1984

CLAUSES BY FULL TEXT:

52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS-COMMERCIAL ITEMS. (NOV 2020)

CLAUSE CLAUSE TITLE DATE

52.203-6 Restrictions on Subcontractor Sales to Government

JUN 2020

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

JUN 2020

52.204-14 Service Contract Reporting Requirements JUN 2020 52.209-6 Protecting the Government’s Interest When

Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.

JUN 2020

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

52.219-6 Notice of Total Small Business Set-Aside NOV 2020 52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-14 Limitations on Subcontracting MAR 2020 52.219-28 Post-Award Small Business Program

Rerepresentation

NOV 2020

52.222-3 Convict Labor JUNE 2003 52.222-21 Prohibition of Segregated Facilities APR 2015 52.222-26 Equal Opportunity. SEP 2016 52.222-35 Equal Opportunity for Veterans JUN 2020

52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-40 Notification of Employee Rights Under the

National Labor Relations Act

DEC 2010

52.222-41 Service Contract Labor Standards AUG 2018 52.222-42 Statement of Equivalent Rates for Federal Hires MAY 2014 52.222-44 Fair Labor Standards Act and Service Contract

Labor Standards-Price Adjustment.

MAY 2014

52.222-50 Combating Trafficking in Persons OCT 2020 52.222-55 Minimum Wages Under Executive Order 13658 NOV 2020 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-18 Encouraging Contractor Policies to Ban Text

Messaging While Driving

JUN 2020

52.225-3 Buy American-Free Trade Agreements-Israeli Trade Act

MAY 2014

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-33 Payment by Electronic Funds Transfer—System for

Award Management

OCT 2018

(End of clause)

ADDENDUM 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor ( 29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.

This Statement is for Information Only: It is not a Wage Determination

EMPLOYEE CLASS GRADE MONETARY WAGE-FRINGE BENEFITS

Consultant GG-12 41.55 – 54.02 California Consultant GG-12 37.53 – 48.79 Arizona Consultant GG-12 37.13 – 48.27 Texas

End of Addendum 52.222-42

52.228-16 PERFORMANCE AND PAYMENT BONDS-OTHER THAN CONSTRUCTION

(a) Definitions. As used in this clause-

"Original contract price" means the award price of the contract or, for requirements contracts, the price payable for the estimated quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) The Contractor shall furnish a performance bond (Standard Form 1418) for the protection of the Government in an amount equal to __10_____ percent of the original contract price and a payment bond http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

Standard Form 1416) in an amount equal to ___10___ percent of the original contract price.

(c) The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within ___10_____ days, but in any event, before starting work.

(d) The Government may require additional performance and payment bond protection if the contract price is increased. The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bonds or to obtain additional bonds.

(e) The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register, or may be obtained from the:

U.S. Department of the Treasury, Financial Management Service, Surety Bond Branch, 3700 East West Highway, Room 6 F01 Hyattsville, MD 20782.

Or via the internet at http://www.fms.treas.gov/c570/.

(End of clause)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

FAR provisions and clauses are available for review at http://www.Aquisition.gov.

(End of clause)

INVOICE PROCESSING PLATFORM

The U.S. Section International Boundary and Water Commission (USIBWC) has transitioned to an electronic invoicing system. The Invoice Processing Platform (IPP) is a secure, web-based system provided by the U.S. Department of the Treasury’s Bureau of the Fiscal Service in partnership with the Federal Reserve Bank of St. Louis. IPP is available at no cost to any commercial vendor or independent contractor doing business with a participating government agency.

Information concerning accessing the IPP system will be provided at time of award.

http://www.aquisition.gov/

CERTIFIED COST OR PRICING DATA

Currently the USIBWC does not require the submission of certified cost or pricing data. However, the USIBWC reserve the right to request certified cost or pricing data if determined necessary by the CO. If certified cost or pricing data is required, then the following clauses will be incorporated into the Solicitation and resulting Contract:

CLAUSE CLAUSE TITLE DATE

52.215-10 Price Reduction for Defective Cost or Pricing Data

OCT 1997

52.215-11 Price Reduction for Defective Cost or Pricing Data—Modifications

OCT 1997

52.215-12 Subcontractor Cost or Pricing Data OCT 1997 52.215-13 Subcontractor Cost or Pricing Data—

Modifications

OCT 1997

52.215-14 Integrity of Unit Prices OCT 1997 52.215-15 Pension Adjustments and Asset Reversions OCT 2004 52.215-18 Reversion or Adjustment of Plans for

Postretirement Benefits (PRB) Other Than Pensions

JUL 2005

52.215-19 Notification of Ownership Changes OCT 1997 52.215-20 Requirements for Cost or Pricing Data or

Information Other Than Cost or Pricing Data

OCT 1997

52.215-21 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data— Modifications

OCT 1997

52.230-1 Cost Accounting Standards Notices and Certifications

MAY 2012

52.230-2 Cost Accounting Standards MAY 2014 52.230-3 Disclosure and Consistency of Cost Accounting

Practices

MAY 2014

52.230-6 Administration of Cost Accounting Standards JUN 2010 52.230-7 Proposal Disclosure - Cost Accounting Practice

Changes

APR 2005

The Offeror will have seven (7) calendar days from the date of the CO's request to furnish the certified cost or pricing data.

PROVISIONS BY REFERENCE TEXT:

CLAUSE CLAUSE TITLE DATE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity code Reporting AUG 2020 52.212-1 Instructions to Offerors-Commercial Items JUN 2020

PROVISIONS BY FULL TEXT:

52.204-24, REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR 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)

52.209-7, INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) Definitions. As used in this provision—

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

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

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

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

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

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

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and

Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

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

(End of provision)

52.212-2, EVALUATION-COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer 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: (Lowest Price Technically Acceptable – LPTA).

Contractor shall provide a breakdown for the total requirement and scope of this solicitation. Pricing shall be inclusive of all costs to include all applicable Federal, State, and local taxes. Award may be awarded without discussion, but the Government reserves the right to negotiation of a fair and reasonable 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.

(End of provision)

ADDENDUM FAR 52.212-2, EVALUATION-COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer 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: (Lowest Price Technically Acceptable – LPTA).

TECHNICAL AND PAST PERFORMANCE, WHEN COMBINED, ARE EQUAL TO PRICE.

TECHNICAL APPROACH:

Quote must demonstrate the technical approach by providing a two to three-page narrative addressing the items in the PWS. The narrative shall at a minimum include your plan of action, equipment, key team members, and schedule.

PAST PERFORMANCE:

Quotes shall demonstrate successful past performance of at least one (1), but not more than three (3) references for similar projects. The information shall include name of person, company, phone number, email address, and brief description of the project.

Failure to submit required technical approach and past performance will deem a proposal non-responsive and no consideration for award will be given.

(End of Addendum 52.212-2)

52.212-3, OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS

(NOV 2020)

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.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended. “Sensitive technology”—

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business 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 publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16).

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

Small disadvantaged business concern, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13. CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), 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.

Women-owned small business concern means a small business concern—

(1) That is at least 51 percent owned by one or more women;

or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

(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 Items, 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 ______________.

[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.

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.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it □ is, □ is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern.

[Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13

CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-

(i) It □ is, □ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-

(i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: __________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that–

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order 11246-

(1) Previous contracts and compliance. The offeror represents that-

(i) It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It □ has, □ has not filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that-

(i) It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.gov/ U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American-Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products ,i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American-Supplies.”

(2) Foreign End Products:

Line Item No. Country of Origin [List as necessary]

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.

(g)

(1) Buy American-Free Trade Agreements-Israeli Trade Act Certificate.

(Applies only if the clause at FAR 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements–Israeli Trade Act.”

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line Item No. Country of Origin [List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

Line Item No. Country of Origin [List as necessary]

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.

(2) Buy American-Free Trade Agreements-Israeli Trade…