Combined Synopsis_Solicitation_ITO_47QFSA22Q0142_Oct 06 2022.docx

Solicitation Number: 47QFSA22Q0142

Federal Acquisition Service Assisted Acquisition Services Division Southeast Sunbelt Region

REQUEST FOR QUOTATION

COMBINED SYNOPSIS/SOLICITATION INSTRUCTIONS – Instruction to Offerors (ITO)

Title: Command, Control, Intelligence, Surveillance and Reconnaissance (C2ISR) Enterprise Contracted Logistics Support (ECLS) Bridge

1. GENERAL INFORMATION

This is a combined synopsis/solicitation for commercial products or commercial services prepared 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; a quotation is being requested, and a written solicitation will not be issued.

This acquisition is being conducted under FAR 12 and FAR 13.5 procedures and will result in a sole source contract to Spectrum Comm, Inc in accordance with FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements. This is not a request for competitive quotes. The Government intends to award a hybrid-type contract, incorporating a mix of Firm Fixed Price (FFP) and Cost Reimbursable No Fee (CRNF) pricing arrangements.

The NAICS code applicable to this solicitation is 541614, Process, Physical Distribution, and Logistics Consulting Services.

The FAR requires the prospective contractor to complete electronic annual representations and certifications in conjunction with their required registration in the System for Award Management (SAM) https://www.sam.gov.

The only method by which any term of this Request for Quotation (RFQ) may be modified is by a formal amendment to the RFQ generated by the issuing office.

ISSUING OFFICE

Erin Taylor, Contracting Officer (CO) Erin.b.taylor@gsa.gov

GSA/FAS/AASD (4Q)

77 Forsyth Street, SW Atlanta, GA 30308

Rebecca Taylor, Contract Specialist (CS) rebecca.taylor@gsa.gov

GSA/FAS/AASD (4Q)

77 Forsyth Street, SW Atlanta, GA 30308

2. INSTRUCTIONS TO OFFERORS

2.1. Submission of quotes:

The quote must be submitted via GSA’s electronic acquisition portal, ASSIST, https://assist.gsa.gov, prior to the closing date/time of this RFQ. Failure to submit a quote via ASSIST by the closing date/time mentioned above will result in delays in award. If you experience any difficulties with ASSIST during quote submission, you should alert the ASSIST Help Desk and the GSA Issuing Office point of contact without delay.

If registration is required and/or technical assistance is needed, please contact the ASSIST Help Desk at 1-877-472-4877. DO NOT WAIT TO CHECK TO SEE IF THE FIRM, CONTRACT NUMBER, AND INDIVIDUAL AUTHORIZED TO SUBMIT QUOTE(S) IS CORRECTLY REGISTERED IN ASSIST.

Offeror must be registered within the System for Award Management (SAM) [https://www.sam.gov/portal/SAM/]. An award cannot be made if the information in ASSIST does not match exactly with the information in the SAM. ASSIST verifies the following data within SAM:

∙ Legal Business Name ∙ Doing Business As (DBA) ∙ Physical Address ∙ Remittance Address ∙ Federal Tax ID (Employer’s identification Number) ∙ UEI (Unique Entity Identifier)

2.2. General Instructions:

Offerors shall thoroughly examine the above mentioned RFQ, all attached documents, and this “Instructions to Offerors” document. Failure to do so will be at the Offeror’s own risk. The Government shall not pay any Offeror for any costs or expenses associated with the preparation of their quote.

The offeror must identify any subcontracting arrangements in their quote. If a prime contractor-subcontractor arrangement is to be used, the offeror must clearly explain the portion of effort to be performed by each contractor and percentage of work, even if the teaming partner or subcontract is the same company as the prime. If a contractor teaming arrangement is to be used, the offeror must provide a signed copy of the teaming agreement with their quote.

The offeror submitting any proprietary or restricted information or data shall mark it as such. The Government assumes no liability for disclosure or use of unmarked information or data and may use or disclose the unmarked information or data for any purpose. Unless restricted, information and data submitted in response to this request may become subject to disclosure to the public pursuant to the provisions of the Freedom of Information Act (5 U.S.C. 551).

Quotes shall set forth full, accurate, and complete information as required by this RFQ package (including RFQ Attachments). The penalty for making false statements in an offeror’s quote is prescribed in 18 U.S.C. 1001.

The minimum quote acceptance period is 120 calendar days after the closing date of this RFQ. Please specify within the RFQ response if the Offeror will hold the terms and conditions of their quote for longer than the 120-day period.

The Government may request necessary pre-award or post award access to the offeror's records.

The Offeror shall specifically identify and address assumptions, deviations, and exceptions within their quote. Full explanation and justification of assumptions, deviations, and exceptions must be provided. If no assumptions, deviations, or exceptions are taken to the solicitation terms and conditions, a statement to that effect is required in the cover letter.

The Offeror shall ensure that their quotes are compliant with this “Instruction to Offerors” document, all proposed items are separately priced, and the GSA solicitation number provided above is clearly stated.

The Offeror shall ensure no classified information is submitted in ASSIST. The Contractor shall use only secure communications methods and/or equipment to transmit or otherwise transfer classified information and/or Controlled Unclassified Information (CUI) in accordance with DoD 5220.22-M.

3. QUOTE FORMAT AND INSTRUCTIONS

3.1. General Submission Format:

The quote shall be submitted electronically to ASSIST, https://assist.gsa.gov under the solicitation number 47QFSA22Q0142. The non-price volumes shall be submitted in an 8½-in X 11-in format, using 12-point Times New Roman type, and 1-inch margins. Use of graphics must be minimized. Text within tables and graphics may be smaller, if necessary, but must be legible. The quote shall include the Company Name and Company Point of Contact to include Name, Mailing Address, Email Address, and Phone Number. All correspondence shall include the GSA Solicitation Number, mentioned above, in the subject title. All information shall be submitted in English.

3.2. Page Limitations:

Quotes shall consist of and shall include the following quote documents with the page limits as specified below:

· Volume I Completed RFQ (cover letters, fill-in clauses and provisions, etc.)

· Volume II: Technical Approach (15 page limitation)

· Volume III: Price (no page limitation; Government format provided)

Volumes shall not be combined. Pages or written material exceeding the number specified will not be read or considered in the evaluation by the Government. Table of contents and indexes are not required, but if included, do not count toward the page total.

3.3. Quote Instructions by Volume:

VOLUME I: Completed RFQ

This Volume should consist of a signed cover letter delineating any exceptions taken to the RFQ terms and conditions. The offeror shall ensure that all clauses and provisions that require “fill-in” information are appropriately completed.

VOLUME II: Technical Approach.

The Offeror should note portions of their technical approach which merely offer to conduct a program in accordance with the requirements of the Government's Performance Work Statement (PWS) will be considered a failure to conform with the solicitation and will not be considered further. The quote shall be clear, concise, and shall include sufficient detail for effective evaluation and for substantiating the validity of stated claims. The quote should not simply rephrase or restate the Government's requirements, but rather shall provide convincing rationale to address how the Offeror intends to meet the requirements. The Offeror shall assume that the Government has no prior knowledge of their skills or experience and will base its evaluation on the information presented within the Offeror's quote.

The following information shall be provided in the Technical Approach Volume and will be evaluated to assess technical capability (which includes the consideration of technical risk). The offeror shall identify risks, if any, associated with the proposed approach and actions the offeror will take to mitigate the identified risks. If no risks/mitigations are identified in the offeror’s quote, it indicates the offeror does not consider there to be any risk associated with their proposed approach. The Technical Approach Volume shall:

· Clearly describe the offeror’s technical approach and capability to satisfy all of the PWS paragraphs and subparagraphs and demonstrate the offeror’s clear understanding of the tasks within these PWS paragraphs and subparagraphs.

· Provide resumes for the Site Manager Key Personnel position to demonstrate the personnel qualifications listed in PWS Appendix D are met. Notification of any change in Key Personnel prior to award must be provided in writing to the Contracting Officer listed in Section 1. The following information is required for Key Personnel:

· Name

· Security Clearance

· Education

· Related Experience

· Date of Availability

· Letter of Commitment

· Provide a written plan in accordance with 252.237-7024, Notice of Continuation of Essential Contractor Services and PWS Sections 4.27 and 5.1.

VOLUME III: Price:

No price information shall be included within the Cover Letter or in any of the VOLUMES other than VOLUME III. The contractor shall use the Government provided pricing spreadsheet (ATTACHMENT 1) for submitting the required quote price breakout. Any modifications to the spreadsheet shall be clearly identified by the offeror.

The format for the price portion shall include breakout by CLIN to capture pricing information. The price portion of the quote, on the provided spreadsheet, should include a breakout of materials, quantities, types, skill levels, number of hours per skill, labor rates, any direct costs and/or DCMA approved indirect costs, and approved indirect line items and rates, as applicable.

The Pricing Spreadsheet includes labor categories, Full Time Equivalents (FTE), and labor hours which the Government has determined to be the best estimate of work for the level of effort required. Note that these estimates in no way bind the Government or indicate the only possible solution. For modifications to labor categories and/or FTEs, offerors shall include a basis of estimate for staffing this effort depicting each skill level and what functions they will perform relative to the PWS and offeror’s technical approach. Include a detailed rationale for why and how the skill levels were determined so as to ensure successful performance of requirements and their relevance to the performance of the requirements outlined in the PWS.

The Offeror is advised that estimated Travel and Other Direct Costs (ODCs) are pre-filled into the pricing matrix and shall not be changed by the Offeror. Any changes by the Offeror to Travel and ODCs may result in the Government’s rejection of the quote or, at the Government’s discretion, the Government may revert the spreadsheet back to the original amounts prior to the price evaluation. Travel will be reimbursed in accordance with the Joint Travel Regulations (JTR). Profit shall not be applied to travel costs or ODCs. The Contractor shall ensure the requested travel and ODCs will not exceed the amount authorized in the contract.

4. REQUIREMENT DESCRIPTION

Requirements are described in the Performance Work Statement (PWS).

5. BASIS FOR AWARD

This acquisition is being conducted under FAR 12 and FAR 13.5 procedures and will result in a sole source contract in accordance with FAR 6.302-1. The Government will direct a contract upon successful negotiations to Spectrum Comm, Inc under an open market contract. This contract will be based on the Government evaluating the technical quote and determining it technically acceptable and the price to be fair and reasonable. Technical acceptability will be determined by evaluating and assessing the offeror’s ability to meet the requirements described in the Performance Work Statement (PWS). The Government will also review past performance information obtained from Contractor Performance Assessment Reporting System (CPARS) and any other past performance information it may obtain from any other sources that are considered current, accurate, reliable, and relevant. Past performance information will not be rated but will be reviewed in determining the overall responsibility of the prospective offeror.

In determining the total price reasonableness, the Government will consider the level of effort, the mix of labor, materials, and other pricing information proposed to perform the contract requirements; the total proposed price will be evaluated.

ATTACHMENTS

Attachment 1 – Pricing Spreadsheet

APPLICABLE FAR Clauses and Provision References

The incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-07. The Offeror is cautioned that the listed provisions may include blocks that must be completed by the Offeror and submitted with its quote 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 quote or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): www.acquisition.gov/far/.

The following provisions are incorporated by Reference:

NUMBER TITLE

FEDERAL ACQUISITION REGULATION

(48 CFR Chapter 1)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) As prescribed in 4.2105(a), insert the following provision:

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract , subcontract , or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services —Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services , or any equipment , system, or service that uses covered telecommunications equipment or services " in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment , system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul , roaming , or interconnection arrangements ; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment , system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services , regardless of whether that use is in performance of work under a Federal contract . Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul , roaming , or interconnection arrangements ; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

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

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract , subcontract or other contractual instrument resulting from this solicitation . The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry , for purposes of this representation, the Offeror represents that— It □ does, □ does not use covered telecommunications equipment or services , or use any equipment , system, or service that uses covered telecommunications equipment or services . The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

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

(i) For covered equipment —

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

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

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

(i) For covered equipment —

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

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation (Nov 2015) As prescribed in 9.108-5(a), insert the following provision:

Prohibition on Contracting with Inverted Domestic Corporations-Representation (Nov 2015)

(a) Definitions . "Inverted domestic corporation " and "subsidiary " have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations ( 52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation , or a subsidiary of an inverted domestic corporation , unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that-

(1) It □ is, □ is not an inverted domestic corporation ; and

(2) It □ is, □ is not a subsidiary of an inverted domestic corporation .

(End of provision)

52.209-5 Certification Regarding Responsibility Matters (Aug 2020) As prescribed in 9.104-7(a), insert the following provision:

Certification Regarding Responsibility Matters (Aug 2020) (a)

(1) The Offeror certifies, to the best of its knowledge and belief, that—

(i) The Offeror and/or any of its Principals–

(A) Are □ are not □ presently debarred, suspended, proposed for debarment , or declared ineligible for the award of contracts by any Federal agency ;

(B) Have □ have not □, within a three-year period preceding this offer , been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State , or local) contract or subcontract ; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation );

(C) Are □ are not □ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

(D) Have □, have not □, within a three-year period preceding this offer , been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has □ has not □, within a three-year period preceding this offer , had one or more contracts terminated for default by any Federal agency .

(2) "Principal ," for the purposes of this certification, 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).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation . However, the certification will be considered in connection with a determination of the Offeror ’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

52.209-7 Information Regarding Responsibility Matters (Oct 2018) As prescribed at 9.104-7(b), insert the following provision:

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) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016) As prescribed in 9.104-7(d), insert the following provision:

Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that–

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction , unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that–

(1) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

52.219-1 Small Business Program Representations (Sep 2021) As prescribed in 19.309(a)(1), insert the following provision:

Small Business Program Representations (Sep 2021)

(a) Definitions . As used in this provision- 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 concern eligible under the WOSB Program.

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 —

(1) 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 the size standard in paragraph (b) of this provision.

(2) Affiliates , as used in this definition , means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern , consistent with 13 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 .

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 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.

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 .

(b)

(1) The North American Industry Classification System (NAICS) code for this acquisition is ________ [insert NAICS code].

(2) The small business size standard is _______ [insert size standard].

(3) The small business size standard for a concern that submits an offer , other than on a construction or service acquisition , but proposes to furnish an end item that it did not itself manufacture, process, or produce (i.e., nonmanufacturer ), is 500 employees if the acquisition — (i)Is set aside for small business and has a value above the simplified acquisition threshold ;

(ii)Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or (iii)Is an 8(a), HUBZone , service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(c) Representations.

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

(2) [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.

(3) [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 women-owned small business concern .

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program . [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(3) of this provision.] The offeror represents as part of its offer 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)(4)(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.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern . [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (c)(4) of this provision.] The offeror represents as part of its offer that-

(i) It □ is, □ is not an EDWOSB 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)(5)(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.

(6) [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 .

(7) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a service-disabled veteran-owned small business concern .

(8) [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)(8)(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) Notice. Under 15 U.S.C.645(d), any person who misrepresents a firm’s status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall -

(1) Be punished by imposition of fine, imprisonment, or both;

(2) Be subject to administrative remedies, including suspension and debarment ; and

(3) Be ineligible for participation in programs conducted under the authority of the Act.

(End of provision) Alternate I ( Sept 2015) As prescribed in 19.309(a)(2) add the following paragraph (c)(9) to the basic provision:, add the following paragraph (c)(9) to the basic provision:

(9) [Complete if offeror represented itself as disadvantaged in paragraph (c)(2) of this provision.] The offeror shall check the category in which its ownership falls:

_____ Black American.

_____ Hispanic American.

_____ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

_____ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

_____ Subcontinent Asian (Asian-Indian ) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

_____ Individual /concern, other than one of the preceding.

52.222-22 Previous Contracts and Compliance Reports As prescribed in 22.810(a)(2), insert the following provision:

Previous Contracts and Compliance Reports (Feb 1999) The offeror represents that- It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation ;

It □ has, □ has not filed all required compliance reports; and Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

(End of provision)

52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation (Dec 2016) As prescribed in 23.804(b), insert the following provision:

Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation (Dec 2016)

(a) This representation shall be completed if the Offeror received $7.5 million or more in Federal contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year.

(b) Representation. [Offeror is to check applicable blocks in paragraphs (1) and (2).]

(1) The Offeror (itself or through its immediate owner or highest-level owner ) □ does, □ does not publicly disclose greenhouse gas emissions, i.e., make available on a publicly accessible website the results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard.

(2) The Offeror (itself or through its immediate owner or highest-level owner ) □ does, □…