Combined Synopsis FA301620U0004 Diabetes SME.pdf

502d Contracting Squadron Combined Synopsis/Solicitation

FA301620U0004

2 December 2019

Subject Matter Expert (SME) for the Veterans’ Affairs Virtual Medical Center (VAVMC) Diabetes Self-

Management Education and Support (DSMES) Services

1. This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in FAR Subpart 12.6 and 13.5 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.

2. Solicitation Number FA301620U0004 is issued as a Request for Proposal (RFP).

3. This solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular

(FAC), No. 2020-01, Effective 12 Nov 2019.

4. This requirement is being solicited on FedBizOpps as a 100% Small Business Set-Aside. The North

American Industrial Classification Systems (NAICS) Code for this requirement is 621498 - All Other Outpatient Care Centers, with a Size Standard of $22M.

5. Schedule of Supplies/Services: Please include the unit price, extended price and any additional charges for all CLINs.

CLIN Description Qty Unit of Issue Unit Price Extended

Price

Subject Matter Expert (SME) for the Veterans’ Affairs Virtual Medical Center (VAVMC) Diabetes Self-Management Education and Support (DSMES) Services

1920 HR

Travel (Do Not Quote). Travel amount have been pre-determined and will be set aside as Not to Exceed (NTE) in the projected contract.

1 Lot $4,000.00 $4,000.00

Subject Matter Expert (SME) for the Veterans’ Affairs Virtual Medical Center (VAVMC) Diabetes Self-Management Education and Support (DSMES) Services

1920 HR

Travel (Do Not Quote). Travel amount have been pre-determined and will be set aside as Not to Exceed (NTE) in the projected contract.

1 Lot $4,000.00 $4,000.00

Subject Matter Expert (SME) for the Veterans’ Affairs Virtual Medical Center (VAVMC) Diabetes Self-Management Education and Support (DSMES) Services

1920 HR

Travel (Do Not Quote). Travel amount have been pre-determined and will be set aside as Not to Exceed (NTE) in the projected contract.

1 Lot $4,000.00 $4,000.00

Total

6. Description of the Requirement: The contractor will serve as the Subject Matter Expert (SME) for the Veterans’ Affairs Virtual Medical Center (VAVMC) Diabetes Self-Management Education and Support (DSMES) Services in support of the 59th Medical Specialty Squadron, Diabetes Center of Excellence (DCoE), JBSA - Lackland, TX.

The SME will support the DSMES Program via the Veterans' Affairs Virtual Medical Center (VAVMC) System by Recruiting, Training, and Mentoring DoD and VA Providers as Faculty/Facilitators in accordance with (IAW) Performance Work Statement (PWS) (Attachment 1) entitled “Subject Matter Expert (SME) for the Veterans’ Affairs Virtual Medical Center (VAVMC) Diabetes Self-Management Education and Support (DSMES) Services”, dated 24 October 2019.

7. Period of Performance (PoP), Inspection & Acceptance:

PoP: One (1) year base plus two (2), one year option periods.

Inspection & Acceptance: By the Government

8. The provision at FAR 52.212-1 Instructions to Offerors - Commercial Items, applies to this acquisition, in addition to the following addenda:

A. General. This section provides general guidance for preparing proposals, as well as, specific instructions on the format and content of the proposal. Throughout this solicitation the term “Offeror” includes subcontractors, teammates and/or joint venture partners. The Offeror’s proposal must include all data and information requested, and must be submitted in accordance with (IAW) these instructions. The offeror shall be compliant with the requirements as stated in the solicitation.

All costs associated with developing or submitting a proposal in response to this solicitation or for providing oral or written clarification of its content, shall be borne by the contractor. The Government assumes no responsibility for these costs even if the solicitation is cancelled or continued.

NOTE: IT IS THE CONTRACTOR’S RESPONSIBILITY TO ASSURE THAT THE

GOVERNMENT POCs, AS NOTED IN SECTION 15 AND 16 BELOW, HAVE

RECEIVED THE SUMITTED PROPOSAL DOUMENTATION. LATE RESPONSES

WILL BE PROCESSED IN ACCORDANCE WITH FAR 52.212-1(F).

B. Information Regarding Submission Requirements. To be deemed responsive, a contractor’s proposal shall be clear, concise, and include sufficient detail for effective evaluation. Documents submitted in response to this solicitation shall strictly adhere to the requirements set forth in the solicitation as defined in the Performance Work Statement (PWS) (Attachment 1). Submissions that do not adhere to format and content of the requirements may be considered non-responsive.

The Government reserves the right to eliminate any such proposals from consideration for award.

C. Proposal Preparation and Format Instructions. This section provides general guidance for preparing proposals in regards to the format and content of the proposal. Each volume shall be complete in itself. Offerors are representing that your firm will perform all the requirements specified in the solicitation by submitting a complete proposal. A proposal that is sufficiently documented to support technical capability and price in a complete, orderly, and specific detailed manner will enable the Government to perform a thorough and fair evaluation of the proposal.

Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements in addition to those identified as evaluation factors and sub-factors. Failure to meet a requirement may result in an offer being ineligible for award in the absence of interchanges. Taking exception to any provision in the solicitation without addressing the exception with the contracting office before the cutoff time listed in Section 15 below will render the proposal ineligible for award.

D. Proposal Clarity. The proposal shall be clear, concise, and shall include sufficient detail for effective evaluation. The proposal shall not contain any extraneous information such as advertisements or marketing material. The offeror’s proposal shall not simply rephrase, reiterate, or restate the Government’s own language, but rather shall provide convincing rationale describing how to intend to full fill the requirement. Legibility, clarity, and coherence are very important. Provide as specifically as possible the actual methodology you would use for accomplishing and satisfying the requirements. The offeror shall assume that the Government has no prior knowledge of its capabilities, facilities and experience, and will base the evaluation on the information presented in the offeror’s proposal.

E. Page Limitations. Page limitation shall be treated as maximums. Total page count will be based on the printed proposal submission. If page limitations are exceeded, excess pages will not will not be read nor considered in the evaluation of the proposal. A page is defined as each face of an

8.5 x 11- inch sheet of paper containing information. All information except for document numbers, page number, etc., shall be provided in an image area with no less than one inch in margin. Two (2) pages may be printed back-to-back on sheet of paper. However, this will be considered two (2) pages for the purpose of page count. The background color of each page of the proposal submission shall be white or ivory in color stock only. The maximum number of pages in each volume shall not exceed 10 pages for each volume of the proposal.

F. Proposal. To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. The proposal must be complete, stand-alone, and respond directly to the requirements of this solicitation. The proposal in response to this solicitation shall consist of; Proposal Cover Letter, Contract Pricing (Volume I), Technical Proposal (Volume II) and completed copy of this solicitation document.

Cover Letter. Contractor proposal shall include a cover letter, on company letter head, that identifies the solicitation number and title of the requirement, the company’s name, address and specific point of contacts (POC).

Contract Pricing (Volume I). Each Offeror shall submit a Contracting/Pricing volume with its proposal and a 10 page limit.

Upon examination of the initial offers, the CO will review this determination and if, in the CO’s opinion, adequate price competition exists no additional cost information will be requested.

However, if at any time during this competition the CO determines that adequate price competition no longer exists offerors may be required to submit other than certified cost or pricing data to the extent necessary for the CO to determine the reasonableness of the price.

Solicitation. A complete copy of this solicitation document, including ALL contract clause fill-ins if applicable; in doing so, the Offeror accedes to the contract terms and conditions as written in the solicitation with attachments. In the event that amendments to the solicitation are issued, such amendments will be made accessible to all potential offerors via FedBizOpps. A complete copy of the solicitation shall be submitted to include:

Schedule of Supplies/Services. The Offeror shall complete the Schedule of Supplies/Services of the solicitation. A unit price shall be proposed and inserted for the Firm Fixed Price (FFP) of each Contract Line Item Number (CLIN), and shall be rounded up to two decimal places. The total amount must equal the sum of all unit prices for each CLIN. The proposed prices shall be based on the Offeror’s own approach and the Government’s PWS requirements as set forth herein.

The Offeror shall submit only firm-fixed pricing information that will be evaluated for award or become part of the resulting contract. Supply costs and associated General and Administrative (G&A) cost and profit, should be included in the unit price.

Representations and Certifications. Contractor MUST be registered in System for Award Management (SAM) and shall complete the fill-ins in the addendum of the provision FAR 52.212-3 in section 10 below.

Fillable Clauses. The Offeror shall complete all provisions and/or clauses in this solicitation.

Technical Proposal (Volume II). Each Offeror shall submit a technical volume with its proposal IAW the format below and a 10 page limit.

Offerors are cautioned that the Government will only use data provided by each Offeror in this volume in the technical evaluation. By your proposal submission, you are representing that you will perform all the requirements specified in the solicitation. It is not necessary or desirable for you to tell us so in your proposal. Do not merely reiterate the objectives or reformulate the requirements specified in the solicitation.

All the requirements specified in this solicitation are mandatory. The contractor shall address the proposed approach to meeting the minimum performance or capability requirements of each technical factor. The responses will be evaluated against IAW FAR 52.212-2, Evaluation Factors.

Marketing presentations are not wanted and will not be evaluated. Hard and compelling evidence of capabilities addressing the required education degree, certifications, licensures and experience as specified in the PWS, are required to receive credit for evaluation factors. Legibility, clarity, and coherence are very important. Offerors are strongly encouraged to provide as specifically as possible, the actual methodology to be used for accomplishing and satisfying the requirements.

G. Period for Acceptance of Offers. By submitting a proposal, the offeror agrees to hold the prices in its offer firm for 60 Calendar Days from the date specified for receipt of offers.

(End of Addendum)

9. The provision at FAR 52.212-2 Evaluation - Commercial Items, applies to this acquisition, applies to this acquisition, in addition to the following addenda:

A. Basis for Contract Award. 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 solicitation requirements include all stated terms, conditions, representations, certifications, and all other information required by this solicitation. Unless specifically identified in your proposal, by submission of its offer, the Offeror accedes to all solicitation requirements, including terms and conditions, representations and certifications and technical requirements, in addition to those identified as evaluation factors or sub factors. Failure to meet a requirement may result in a proposal being determined ineligible for award.

B. Evaluation Process. If any aspect of an Offeror’s proposal does not meet the Government’s requirements and is not considered correctable, the offer may be ineligible for award. All proposals shall be treated equally except for their cost/price record. Offers most advantageous to the Government will be ranked based on initial assessment of total overall evaluated prices, followed by a full evaluation in accordance with para D below, then Price Reasonableness determination of an acceptable proposal will be made. Only proposals rated acceptable proposals are eligible to receive an award.

C. Proposals. The Government will rank proposals based on an initial assessment of offeror’s total evaluated prices, followed by an evaluation of in accordance with para D below. Evaluation of price is as follows:

Proposals will be rank by Total Evaluated Price (including all option periods), as submitted. The Government will rank all proposals by the initially proposed total evaluated price, from lowest to highest. An offeror’s proposed estimated price will be determined by multiplying the estimated quantities by the proposed unit price for each CLIN. The extended amount for each CLIN will be totaled to obtain the estimated total. The total estimated price also includes the amount associated with all Price CLINs.

D. Proposal Evaluation. The Government will only select the three (3) lowest priced proposals, and then evaluate them for acceptability. The Government, at its discretion, may continue evaluations until the Contracting Officer determines that a sufficient number of acceptable proposals have been identified to permit determination of price fair and reasonable based on adequate price competition. If additional proposals are evaluated for acceptability they will be selected in the order of total evaluated price.

Acceptability Ratings. The evaluation factors listed below apply only to the factors which will be evaluated and receive one of the following ratings:

1. Acceptable – The proposal meets the minimum requirements of the solicitation.

2. Unacceptable – The proposal does not meet the minimum requirements of the solicitation.

E. Evaluation of Factors. Offerors are advised that their submission should be their best effort. The government holds the rights to only hold interchanges if considered necessary. Only acceptable proposals, either initially or as a result of necessary interchanges, are eligible for award. If award is made without interchanges, proposal revisions will not be permitted. The Government will evaluate the proposals selected above for acceptability on an Acceptable/Unacceptable basis. For a proposal to be rated as “Acceptable”, all factors, as indicated below, must be rated acceptable. If any factor is rated “Unacceptable” the overall proposal will be rated as “Unacceptable”. The following factors shall be used to evaluate offers:

Factor # 1 – Price

Standards: The offeror shall submit the most advantageous offer to the Government that commensurate with the offeror’s firm philosophy, management approach and quality control to successfully accomplish the tasks delineated in the PWS. Adequate competition is anticipated;

therefore, contractors are encouraged to submit their best pricing inclusive of any discounts.

The standard has been met when: The offeror total proposed Price (including all option periods) conforms to Section 5 “Schedule” above.

Factor # 2 – Management Plan

Standard: The offeror shall submit a management plan that illustrates the corporate philosophy and management approach to demonstrate evidence of sound organization and performance management processes to successfully accomplish the tasks delineated in the PWS. The plan should provide evidence of knowledge and capability as defined in the solicitation and at a minimum, the plan should:

1. Demonstrate a sound business approach to support the requirements.

2. Address the required education, certifications, licensures and experience as specified in the PWS.

3. Provide Human Resources Management Plan that describes the process to:

a. Recruit and Validate Candidates Credentials

b. Retain Contract Employees

c. Replace Vacant Positions within 30 of vacancy

The standard has been met when: The offeror adequately demonstrates a sound, comprehensive, realistic, effective, and efficient management approach to fulfill the requirements of the PWS.

Factor # 3 -- Quality Control Plan:

Standard: The offeror shall provide a “Quality Control Plan” (QCP) with a complete written system for identifying and correcting deficiencies and degradation in the quality of services before the level of performance becomes unacceptable as part of the submitted proposal.

At a minimum, the plan should specifically address contract requirements listed and provide the following:

1. The plan shall address responsibilities for oversight of quality control, functions associated with such oversight, and specify authority to coordinate with the COR and

CO.

2. Describe the methodology to monitor service deficiencies/complaints in relation to the performance requirements, approach to inform employees of identified deficiencies/complaints, and a process to ensure that the deficiencies/complaints are corrected and eradicated.

The standard has been met when: The offeror adequately demonstrates a sound, comprehensive, realistic, effective, and efficient quality control approach to correct deficiencies and degradation of services to achieve consistent, efficient, and acceptable performance service levels in accordance with the requirements of the PWS. The strategies outlined in the plan are realistic to minimize the effects of deficiencies/complaints and designed to efficiently and effectively correct and prevent reoccurrence.

10. The provision at FAR 52.212-3 Offeror Representations and Certifications - Commercial Items, applies to this acquisition, in addition to the following addenda.

Addendum to FAR 52.212-3 Offeror Representations and Certifications - Commercial Items is hereby tailored as follows:

Contractor MUST be registered in System for Award Management (SAM) and shall provide the following:

DUNS number: ______________________ Cage Code: ______________________ Federal Tax ID: _______________________ Email Address: ______________________________________ Phone Number: ______________________ Fax Number: ______________________ Name of person quoting (signature if faxing): ____________________________ (End of Addendum)

11. The provisions in FAR 52.212-4 Contract Terms and Conditions – Commercial Items, applies to this acquisition.

12. The provisions in FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or

Executive Orders – Commercial Items, applies to this acquisition in addition to the following addenda.

Addendum to FAR 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items.

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct

2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

X (14)

(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C.644).

X (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

X (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C.’.637(a)(14)).X (22)

52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O.11755).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28)

(i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

X (29)

(i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

X (30)

(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

X (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496).

X (33)

(i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O.

13627).

X (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

X (45)

(i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

X (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

X (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332). (End of Addendum) https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063319 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064087 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062590 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057393 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057715 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057730 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057874 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055332 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055713 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055793 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056230 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056250 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056265 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056304 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056535 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056753 https://www.acquisition.gov/content/part-22-application-labor-laws-government-acquisitions#i1095479 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053316 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_224_3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1054249 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1050674 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3332&num=0&edition=prelim

Provisions Incorporated By Reference:

FAR 52.204-7 System for Award Management FAR 52.204-16 Commercial and Government Entity Code Reporting FAR 52.217-5 Evaluation of Options DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials DFARS 252.215-7008 Only One Offer

Clauses Incorporated By Reference:

FAR 52.202-2, Definitions FAR 52.203-3, Gratuities FAR 52.203-12, Limitation on Payments to Influence Certain Federal Transactions FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper FAR 52.204-13, System for Award Management Maintenance FAR 52.204-19 Incorporation by Reference of Representations and Certifications FAR 52.223-6 Drug-Free Workplace FAR 52.227-14 Rights in Data-General FAR 52.229-3 Federal, State, and Local Taxes FAR 52.232-1 Payments FAR 52.232-8 Discounts for Prompt Payment FAR 52.232-23 Assignment of Claims FAR 52.232-23, Assignment of Claims FAR 52.237-3 Continuity of Services FAR 52.237-7 Indemnification and Medical Liability Insurance FAR 52.242-13 Bankruptcy FAR 52.245-1 Government Property FAR 52.246-4 Inspection of Services-Fixed-Price FAR 52.249-4 Termination for Convenience of the Government (Services) (Short Form) FAR 52.249-8 Default (Fixed-Price Supply and Service) FAR 52.253-1 Computer Generated Forms DFARS 252.201-7000 Contracting Officer's Representative DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights DFARS 252.204-7000 Disclosure of Information DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting DFARS 252.204-7004 Antiterrorism Awareness Training for Contractors DFARS 252.211-7007 Reporting of Government-Furnished Property DFARS 252.215-7007 Notice of Intent to Resolicit DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DFARS 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel DFARS 252.232-7010 Levies on Contract Payments DFARS 252.239-7010 Cloud Computing Services

DFARS 252.245-7002 Reporting Loss of Government Property AFFARS 5352.242-9001 Common Access Cards (CAC) for Contractor Personnel

Provisions Incorporated By Full Text

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance

Services or Equipment.

(a) Definitions. As used in this provision

“Covered telecommunications equipment or services”, “Critical technology”, and “Substantial or essential component” have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. 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. Contractors are not prohibited from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(c) Representation. The Offeror represents that— 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.

(d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph (c) of this provision, the Offeror shall provide the following information as part of the offer

(1) All covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

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

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, 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). (End of provision)

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services-or-equipment#id1989I600I4C

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

(a) Definitions. As used in this provision—

“Covered telecommunications equipment or services”, “Critical technology”, and “Substantial or essential component” have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. 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. Contractors are not prohibited from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(c) Representation. The Offeror represents that— 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.

(d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph (c) of this provision, the Offeror shall provide the following information as part of the offer

(1) All covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

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

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, 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). (End of provision)

FAR 52.209-5 Certification Regarding Responsibility Matters (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;

https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services-or-equipment#id1989I600I4C

(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 $3,500 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.

https://www.acquisition.gov/content/52209-7-information-regarding-responsibility-matters#i1062621 https://www.acquisition.gov/content/52209-7-information-regarding-responsibility-matters#i1062621

(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 Section1001, Title18, 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)

FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

(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. (End of provision)

FAR 52.219-1 Small Business Program Representations

(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” 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.

“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 which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(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.

(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.

(2) 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…