DRAFT_ Combined Sysnopsis Solicitation 47QFSA22R0001 Oct 18 2021.docx

GENERAL SERVICES ADMINISTRATION (GSA)

Federal Acquisition Service (FAS) Southeast Sunbelt Region Atlanta, GA 30303

COMBINED SYNOPSIS/SOLICITATION

***ITEMS HIGHLIGHTED IN YELLOW WILL BE UPDATE PRIOR TO ISSUANCE OF RFP***

DATE: XX November 2021

SOLICITATION NUMBER: 47QFSA22R0001

PROJECT TITLE: COVID Response - Import Permit Program - DSAT

REQUEST FOR PROPOSAL (RFP) ISSUANCE DATE: XX November 2021

QUESTION DUE DATE/TIME: XX November 2021, 11:00 A.M. ET

RFP CLOSING DATE/TIME: XX December 2021, 11:00 A.M. ET

1. COMBINED SYNOPSIS/SOLICITATION

This a Combined Synopsis/Solicitation (CSS) is issued as a RFP for Full and Open Competition.

This is a CSS for commercial services prepared in accordance with the procedures in Federal Acquisition Regulation (FAR) Subpart 12.6 and FAR Subpart 13.500 is being utilized in conjunction with the policies and procedures for solicitation, evaluation and award based on Best Value.

This announcement constitutes the only solicitation: proposals are being requested and a written solicitation will not be issued. This solicitation documents and incorporates provisions and clauses in effect through FAC 2021-07, effective 09-10-2021. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions.

The North American Industry Classification System (NAICS) Code is 561320 Temporary Help Services and the Size Standards in millions of dollars is $30.0. The Product Service Code (PSC) R499 Support – Professional: Other.

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

FAR Provision 52.212-1, Instructions to Offerors, Commercial, and FAR Clause 52.212-5, Contract Terms and Conditions Required to Implement Statues or Executive Orders, Commercial Items apply to this acquisition. See attached Performance Work Statement (PWS) in regard to 52.212-5 for additional FAR clauses cited.

FAR provision 52.212-2, Evaluation, Commercial Items, is utilized. 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: Technical Capability, Staffing Approach, Past Performance, and Price. Technical Capability, Staffing Approach, and Past Performance, when combined, are significantly more important than the price factor. All evaluation factors, other than price, are considered equal.

2. RESERVED

3. INTRODUCTION

The General Services Administration (GSA), Federal Acquisition Service (FAS), Assisted Acquisition Services Division (AASD) has a procurement request from the Centers for Disease Control (CDC) and Prevention, Division of Select Agents and Toxins (DSAT), Center for Preparedness and Response located 1600 Clifton Road, MS H21-7, Atlanta, GA 30329 to procure inspectors to support import permit inspection tasks in support the Coronavirus Disease (COVID) Response. This is a non-personal service contract.

4. ISSUING OFFICE/AGENCY POINT OF CONTACT (POC)

GSA/FAS

5. QUESTIONS REGARDING THIS RFP:

Any questions regarding this RFP shall be submitted in writing via email to bernard.fordham@gsa.gov no later than XX December 2021, 11:00 A.M. ET. All correspondence shall include the GSA Solicitation Number 47QFSA22R0001 in the subject line along with name of contractor (e.g., Question for Solicitation # 47QFSA22R0001; XYZ, Inc). The Government reserves the right to deny any questions or clarification questions received after due date/time. In posing questions, contractors shall use CSS Attachment 1 – Questions Format, found in section 12 of this CSS document. Questions should be written in a manner that enables clear understanding of the contractor’s questions or concerns. Statements expressing opinions, sentiments, or conjectures are not considered valid inquiries and will not receive a response. Further, contractors are reminded that GSA will not address hypothetical questions aimed at receiving a potential “evaluation decision.” Written answers to questions will be provided via sam.gov to all prospective contractors.

Contractors shall not contact the client or any other Government employee regarding this procurement without the prior approval of the GSA CO that is listed in section 4 above.

6. PROPOSAL FORMAT:

The non-price portion of the proposal shall be organized to correspond with the PWS and submitted in an 8½-inch X 11-inch 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 and readable when printed. The non-price portion of the proposal should be in portable document format (PDF).

All proposals shall be in the described format and contain the information necessary, and in sufficient detail, to clearly satisfy the requirements described in this RFP. If a contractor fails to submit their proposal with the required information, in sufficient detail and as stated in this RFP, they may be considered non-responsive and, therefore, may be eliminated from further award consideration at any stage of the evaluation process.

Proposals shall include the following with the page limits as specified. Pages or written material exceeding the number specified will not be considered in the evaluation by the Government. Title pages, index, glossary, and tables of contents are excluded from the page count specified below. If final revisions are requested, separate page limitations will be specified in the Government’s request for that submission.

The contractor’s submission of VOLUMES one (1), two (2), and three (3) shall include a page reference chart that identifies the page numbers from the contractor’s proposal submission that provides the contractor’s response to particular evaluation factors. For each evaluation factor, GSA will only evaluate the pages that a contractor includes on their page reference chart. Page reference chart example of excerpt for evaluation factor one (1):

· COVER LETTER (4-page limitation). Page limitation do not include organization conflict of interest (refer to PWS section 27.0).

· VOLUME 1: Evaluation Factor 1: Technical Capability (15-page limitation). Page limitation does not include reference chart or assumption(s).

· VOLUME 2: Evaluation Factor 2: Staffing Approach (8-page limitation). Page limitation does not include reference chart or assumption(s).

· VOLUME 3: Evaluation Factor 3: Past Performance (15-page limitation). Page limitation does not include reference chart or Contractor Performance Assessment Report (CPAR).

· VOLUME 4: Price Proposal (CSS Attachment 4 – Pricing Format); shall be in Excel file format. No price information shall be included in the Cover Letter or in any of the other VOLUMES (1-3). If price information is included in the Cover Letter or any portion of the proposal outside of Volume 4 it will not be evaluated and/or considered.

· VOLUME 5: Commercial Subcontracting Plan in accordance with FAR 52.219-9, this does not apply to small business concerns. A template is available upon request

· VOLUME 6: Completed Provisions in section 13.2 of this CSS document

Note: VOLUMES AND COVER LETTER SHALL NOT BE COMBINED.

COVER LETTER: The cover letter is a standalone document and shall include the following information and shall be signed by an official authorized to contractually commit the contractor.

(a) Name and phone number of persons authorized to represent the company for clarification and/or questions;

(b) Statement that contractor’s proposal is valid until 15 February 2022;

(c) Complete business address of the contractor;

(d) The corporate name to be used on any resultant contract and the remittance address;

(e) Statement of Organizational Conflict of Interest (OCI). If a contractor has no actual or potential OCI, acknowledgement shall be clearly disclosed in this cover letter. If an OCI mitigation plan is required, it shall be submitted as a standalone document. If a plan is provided, page limitations do not apply to it, but it shall not incorporate any information not pertinent to the contractor’s OCI mitigation plan nor be an excessive number of pages.

(f) DUNS number and CAGE Code for the Prime contractor and each Subcontractor; and

(g) ASSIST 2.0 registration information (refer to section 7 of CSS).

7. SUBMISSION OF PROPOSAL/INSTRUCTIONS

All proposals will be handled in accordance with FAR Subpart 3.104. Any information submitted by a contractor in response to the RFP shall be submitted in writing and be fully and completely in compliance with RFP instructions. It is the contractor’s responsibility in preparing material that may be proprietary information to mark each page that the contractor believes contains proprietary information with the legend “(Company Name) Proprietary Information.”

All proposals shall be emailed to Bernard.fordham@gsa.gov. The subject line of the email should be as follows: Solicitation 47QFSA22R0001 COVID Response and name of contractor. The contract will be awarded in GSA’s ASSIST 2.0, The contractor shall be registered in AASIST 2.0 to be eligible for award.

If you require registration and/or technical assistance you should contact the ASSIST 2.0 Help Desk at 1-877-472-4877 or email AASBS.helpdesk@gsa.gov

Contractors that will be submitting a proposal, shall provide the exact individual name, email address, and phone number of the individual registered in ASSIST 2.0 in the cover letter. This individual must be an approved “signer” for open market contracts.

The proposals are due electronically (via email) no later than 13 December 2021, 11:00 A.M. ET. The submission time and date may be changed by Government RFP Amendment(s). Failure to timely submit your proposal will result in exclusion from consideration for award.

Failure to submit a proposal that meets the instructions/requirements in this solicitation may result in exclusion from consideration for award.

8. REQUIREMENT DESCRIPTION

As specified within the PWS.

9. BASIS OF AWARD

This procurement is being conducted under FAR Part 12.6 and 13.5 that will result in firm fixed price (FFP) award. This is not a FAR 15 negotiated competition. The acquisition evaluation will be conducted utilizing the Best Value – Tradeoff Process, which seeks to select a contractor who provides the best value to meet the Government’s need. Best value is defined as the expected outcome of an acquisition that, in the Government’s estimation, provides the greatest overall benefit in response to the requirement, in accordance with FAR 2.101.

The best value will be determined by comparing differences in the value of non-price features with differences in price to the Government. In making this comparison, the Government is more concerned with obtaining superior non-price features than with making an award at the lowest overall price to the Government. However, the Government will not make an award at a significantly higher overall price to achieve slightly superior non-price features.

Therefore, price is not expected to be the controlling factor in the selection of a contractor, but the degree of importance of price as a factor could become greater depending upon the equality of the proposals for other factors evaluated. When competing proposals are determined to be substantially equal after evaluation of all non-price factors, the price factor could become the controlling factor.

The proposal shall be clear, concise, and shall include sufficient detail for effective evaluation and for substantiating the validity of stated claims. The proposal should not simply rephrase or restate the Government's requirements, but rather shall provide convincing rationale to address how the contractor intends to meet these requirements. Contractors shall assume that the Government has no prior knowledge of their skills and experience and will base its evaluation on the information presented within the contractor's proposal.

The Government reserves the right to make a selection based upon initial submissions, so the contractor should submit their best terms in the initial proposal. The Government also reserves the right to confer with contractors to clear up proposal details as necessary in the Government’s discretion, and to make no award.

Post-Selection/Confer Sessions: This is a contract award utilizing the streamlined procedures wherein the Contracting Officer (CO) may exercise broad discretion in developing appropriate order placement procedures. Accordingly, also reserved to the Government is the right for the CO, at the conclusion of the evaluation process and after the CO has determined the Government’s proposed best value awardee but prior to award, to confer exclusively with that proposed awardee on all aspects of that contractor’s proposal that the CO deems appropriate, including but not limited to conferring changes to specific proposal terms, to finalize terms of the order for award. If the CO is unable to confer with that contractor to terms agreeable to the Government, then the CO reserves the right to confer similarly with the contractor that was next-in-line to be the proposed best value awardee; this process may continue with the contractor that submitted proposals until an award is made, or until a decision is made to reopen confers with all contractors, or until the CO determines to make no award. Post-selection, if any, with the proposed best value awardee shall not constitute a competitive range determination and shall not otherwise entitle other contractors, if any, to an opportunity to revise proposals.

Contractors are cautioned that failure to submit the items required by the solicitation and any exceptions taken to the terms or conditions of the solicitation could make a proposal unacceptable, unless the solicitation expressly authorizes such an exception with regard to that specific term or condition.

10. EVALUATION FACTORS:

The evaluation factors are listed below. With respect to the non-price factors, contractors are on notice that a contractor is solely responsible for furnishing in its proposal adequate details to allow the Government to assess the offer on the factor; a contractor’s failure to submit adequate details may result in the Government assigning weakness or increased risk in evaluating the contractor’s ability to successfully perform.

The Government reserves the right to reject any proposal that includes any assumption or condition that the Government in its sole discretion determines would adversely impact or affect the Government’s requirements.

Non –Price Proposal: The non-price evaluation factors are as follows: Technical Capability, Staffing Approach, and Past Performance. Technical Capability, Staffing Approach, and Past Performance, when combined, are significantly more important than the price factor. All evaluation factors, other than price, are considered equal.

Evaluation Factor 1: Technical Capability

The Technical Capability shall be sufficiently detailed for the effective evaluation of this factor. The Government is not interested in generalized capabilities or previous success stories unless the contractor identifies how these will benefit specific requirements and/or are directly related to the performance requirements.

Attribute 1: Contractor shall describe in detail their Understanding of the Performance Requirements of the PWS section 4.0 and all subparagraphs.

Attribute 2: Contractor shall identify any anticipated barriers and risks to successfully perform the requirements in Attribute 1 above and propose a detailed plan for overcoming them.

Note: All assumptions shall have a separate page titled “Assumptions” and will not count towards the page limitation”

Method of Evaluation:

The Contractor’s responses to Evaluation Factor 1, Technical Capability, will be evaluated as a measure of the Government’s confidence in determining the Contractor’s understanding of the performance requirements (PWS 4.0 and all subparagraphs), and overcoming any identified barriers and risk.

See below confidence levels and respective descriptions that will be assigned to this factor.

A “No Confidence” rating will make the Contractor ineligible for award.

Table 1: Rating Method for Evaluation Factor 1

Evaluation Factor 2: Staffing Approach

The staffing approach shall be sufficiently detailed for effective evaluation of this factor.

Attribute 1: Contractor shall include a Staffing Plan that details the proposed contractor labor force by labor category and level of effort (LOE)/FTE and list the minimum qualifications (education and experience) to successfully perform the requirements outlined in the PWS

The Government has provided the contractor a Workforce Projection (see below) based on knowledge of the requirement. Should a contractor deviate from this projection, the contractor shall discuss in detail the assumptions and methods used to account for such variances.

Workload Projection: The Workload Projections for CLIN X001 are provided below, which is based on 12 months of services. These projections are the Government’s estimate ONLY and are NOT intended to be binding on either party or to be the ONLY possible solution to the requirements. It is not intended to influence the contractor’s proposed estimates; however, it is provided to assist the contractor in determining the general overall scope to support this contract. Should a contractor deviate from this projection, the contractor shall discuss in detail the rationale for the deviation. Cross training is NOT a viable solution for deviation.

Attribute 2: Contractor shall describe in detail their processes to recruit, hire, on-board (i.e., how long will it take to fully staff contract after award of contract) and maintain qualified personnel with the skills, experience, and unique qualifications to support the requirements outlined in the PWS.

Attribute 3: Contractor shall identify any anticipated barriers and risks to successfully perform the requirements in Attributes 1& 2 above and propose a detailed plan for overcoming them.

Method of Evaluation:

Staffing Approach will be evaluated based on the following and assignment of an overall confidence rating per table 2 below:

· the staffing approach will be evaluated on contractor being able to successfully perform the PWS requirements based on the LOE/FTE and qualifications;

· processes to recruit, hire, on-board (i.e., how long will it take to fully staff contract after award of contract) and maintain qualified personnel with the skills, experience, and unique qualifications to support the requirements outlined in the PWS;

· overcoming identified barriers and risk.

A “No Confidence” rating will make the contractor ineligible for award.

Table 2: Rating Method for Evaluation Factor 2

Evaluation Factor 3: Past Performance

The contractor shall use individual task order(s), and not the overall Indefinite Delivery Indefinite Quantity (IDIQ) or Blanket Purchase Agreement (BPA) the effort may have been awarded from.

Contractor shall submit documentation of three (3) relevant and recent contracts/TOs to this solicitation. The Contractor can provide relevant and recent Federal, State, and local government and private contracts/TOs. Also, the Contractor shall be the prime contractor on at least one (1) of the three (3) referenced contracts/TOs where the contractor served as the prime contractor.

Relevancy is defined as completed or ongoing past performance effort involved similar scope (PWS sections 3.0 and 4.0 including subparagraphs) of effort and complexities this solicitation requires. The Government may consider the relevancy of a contractor's performance in aggregate in addition to on an effort-by-effort basis. For example, a contractor's work on three recent past efforts may represent "Not-Relevant" effort. However, if all three efforts are/were performed concurrently (in part or in whole) and are assessed in aggregate, the work may more accurately reflect a "Relevant" or “Very Relevant” effort.

Recency is defined as contracts/TOs within three (3) years (completed or ongoing) as of issuance of this solicitation. If an ongoing contract/TO is submitted, it shall have been in place with at least one (1) year of performance by issuance of this solicitation for the purposes of assessing the contractor’s performance. If the contractor submits more than three (3) contracts/TOs, then the Government will only evaluate and consider the first three (3) listed in their proposal.

CSS Attachment 2 Past Performance Information (PPI) shall be submitted for relevant and recent contracts/TOs to this solicitation as part of VOLUME 3. If the contractor is proposing to utilize a contractor teaming arrangement, e.g., a prime-subcontractor arrangement, reliance on an affiliate, or similar arrangement, for the performance of the contract, then for the Past Performance factor for evaluation, a contractor may propose and rely upon past performance information from critical team members. Team members are deemed critical team members if they are expected to perform 35% (Labor – CLIN X001) or more of the work on this contract/order.

The contractor is solely responsible for furnishing to the Government, in their proposal, adequate evidence, expressed as a percentage of proposed labor category, FTE, and the degree to which each critical team member will be performing the RFP requirements.

The Government will not consider past performance of team members unless the contractor clearly details in its proposal information enabling a clear understanding of the relevancy of the submitted past performance, the team member entity’s contribution to the overall proposed effort that was the subject of the submitted past performance, how the team member will contribute to the ability to meet the solicitation’s requirements (i.e. contractor will perform PWS 4.1), and a subcontract or evidence of good faith intentions between the proposed prime and the proposed subcontractor to pursue the execution of a subcontract.

Note that written evidence of such good faith intentions to subcontract is not satisfied, e.g., merely by the prime contractor’s statement in its proposal that it intends to subcontract or by merely identifying members of the prime’s team; rather some written evidence demonstrating mutual intentions of both the prime and the subcontractor, e.g., email(s) from both prime and subcontractor officials, memorandum of intent signed by both prime and subcontractor, or the like. If a contractor has any doubts or questions as to whether what it intends to submit as written evidence would be considered to be acceptable by the Government, then the contractor shall seek guidance from the Government prior to the deadline for Q&A identified in section five (5) of this CSS.

Contractor Past Performance is defined as “how well” they performed on the above recent and relevant efforts. This information obtained from, but not limited to past performance questionnaire (PPQ), Contractor Performance Assessment Reports System (CPARS); Federal Awardee Performance and Integrity Information System (FAPIIS), or other databases; and interviews/questionnaires with Program Managers (PMs), COs, and commercial sources.

Contractor shall submit the CPAR for the referenced contracts/TOs listed in their proposal. If no CPAR is found, the contractor shall forward CSS Attachment 3 - Past Performance Questionnaire (PPQ) to the point of contact (POC) for the referenced contracts/TOs. The PPQ shall come directly from the POC and shall be received by the issuing office POC no later 13 December 2021, 11:00 A.M. ET. Contractor shall be solely responsible for contacting the POC and ensuring that the POC submits a completed PPQ no later than the aforementioned date and time to the POCs in paragraph 12 of this document.

A contractor’s failure to ensure that the Government receives all the PPQs will not result in the contractor’s proposal being rejected but may result in the Government assigning less confidence in or greater risk associated with the contractor’s proposal for this evaluation factor. If a contractor submits CPAR/PPQs for contract/TOs other than those corresponding to the three (3) contract/TOs described in the narrative portion of the contractor’s proposal, then any such noncorresponding CPAR/PPQs will not be considered in the evaluation. While it is ultimately the contractor’s responsibility to ensure that the Government receives all the fully completed PPQs from their customers by the aforementioned due date, the Government reserves the right to acquire any missing PPQ information, as necessary, from the contractor’s listed customer agency. The purpose of CPARS/PPQs is to determine “how well” the contractor performed on the referenced contracts/TOs.

Method of Evaluation: Past Performance will be evaluated as a measure of the Government’s overall confidence, as shown in Table 3 below, in the contractor’s demonstrated ability to successfully perform this solicitation based on the recent, relevant contracts/TOs, and “how well” the contractor has performed on the recent and relevant contracts/TOs. Per FAR 15.305(a)(2)(iv) “in the case of a contractor without a record of relevant past performance or for whom information on past performance is not available, the contractor may not be evaluated favorably or unfavorably on past performance.” Consequently, an Unknown Confidence (Neutral) rating will be given as applicable. Greater weight may be given to relevant or very relevant TOs/contracts.

Past Performance will be evaluated as follows:

First, the contractor’s past performance will be evaluated to determine whether or not the referenced contracts/TOs are recent. Then, the contractor’s past performance will be evaluated for relevancy. There are four (4) levels of relevancy as shown in Table 4 below. With respect to relevancy, more relevant past performance may have more influence on the past performance confidence assessment than past performance of lesser relevance. Finally, the contractor’s past performance will be evaluated to determine “how well” the contractor performed on the referenced contracts/TOs, this information will be ascertained from CPARS, PPQ, and any other sources available to the Government.

In conducting the past performance evaluation, the Government may use data provided by the contractor and data obtained from other sources by the Government including, but not limited to, contracts/TOs listed in the CPARS. Because of the wide variety of past performance history of individual contractors, the Government is not required to ensure that an identical number of sources are considered for each contractor (this does not include contracts/TOs included in the contractor’s proposal). Greater weight may be given to information received from past performance references than the written and narrative information furnished by the contractor in their proposal.

A “No Confidence” rating will make the Contractor ineligible for award.

Table 3: Rating Method of Evaluation Factor 3: Past Performance

Unknown Confidence (Neutral)

Table 4: Relevancy Ratings for Evaluation Factor 3: Past Performance

11. PRICE

The price proposal will not be rated but will be used to assess the reasonableness of the contractor’s price.

Price Proposal shall be submitted using the Government-provided format in Attachment 4. The pricing template is in Microsoft Excel format with six (6) worksheets for the contractor’s completion of price-related information and assumptions. Additional information and/or rows may be added to the pricing template. Failure to use the pricing template may result in exclusion from consideration for award. The Government is not responsible for any formulation errors in the provided pricing template.

Reasonableness: The CO) will determine whether proposed prices are fair and reasonable in accordance with FAR 15.4. The existence of adequate price competition is expected to support a determination of reasonableness. Price realism will not be a part of this analysis. The Government may also utilize comparisons of proposed prices with independent government estimates (IGEs), or any other measure deemed appropriate by the Government. The Government reserves the right to analyze individual burdened labor rates for reasonableness, if deemed appropriate.

The Government is providing estimates for contract line-item number (CLIN) X002 Travel (see PWS sections 10.0). Contractor shall use these “plug” numbers and shall not change the amounts.

UNBALANCED PRICING: The Government may determine that a proposal is unacceptable if the price proposed is materially unbalanced between CLINs or sub line items (Sub CLINs). Unbalanced pricing exists when despite an acceptable total evaluated price, the price of one or more CLIN/Sub CLIN is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the CO determines that the lack of balance poses an unacceptable risk to the Government.

TEP: For evaluation purposes only, the TEP is the sum of all costs/prices proposed by the contractor for the base period, one (1) 12-month options, and the 6-month Extension of Services option (FAR 52.217-8). For purposes determining the evaluated price/cost for the six-month extension option (FAR 52.217-8), the total price/cost is calculated as one-half of the total price/cost of the final option period (Option Year 1). The labor rates for the FAR 52.217-8 six-month extension may be adjusted only because of revisions to prevailing labor rates provided the Secretary of Labor (SOL). In other words, rates for the 6-month extension shall be the same as Option Year 1.

Evaluation of options will not obligate the Government to exercise any option.

12. LIST OF ATTACHMENTS:

Attachment 1: Questions Format

Attachment 2: Past Performance Information

Attachment 3: Past Performance Questionnaire

Attachment 4: Pricing Format

13. CONTRACT CLAUSES

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the CO will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its proposal 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 proposal or offer. Also, the full text of a solicitation provision may be accessed electronically at the address below: https://www.acquisition.gov/content/regulations

13.1 Provisions Incorporated by Reference:

13.2 Provisions Incorporated by Full Text:

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

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

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

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

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

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

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

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

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

(End of provision) FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020) The Contractor shall not complete the representation at paragraph (d)(1) of this provision if the Contractor 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, Contractor Representations and Certifications-Commercial Items. The Contractor shall not complete the representation in paragraph (d)(2) of this provision if the Contractor 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 Contractor 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 Contractor 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 Contractor shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Contractor responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Contractor 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 Contractor shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Contractor 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 Contractor has responded "will" in the representation in paragraph (d)(1) of this provision, the Contractor 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 Contractor has responded "does" in the representation in paragraph (d)(2) of this provision, the Contractor shall provide the following information as part of the offer:

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

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

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

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

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

(c) (1) Representation. The Contractor represents that it [ ] does, [ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the contractor represents that it □ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision) FAR 52.209-11 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…