FA462023RA110 REV5.pdf

92d Contracting Squadron RFP FA462023RA110

COMBINED SYNOPIS/SOLICITATION

FY 24 Refuse Services

FA462023RA110

This is a combined synopsis/solicitation for commercial items prepared in accordance with (IAW) the format in FAR Subpart 12.6 and FAR Part 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.

The Request for Proposal (RFP) number FA462023RA110 FY24 Refuse Services shall be used to reference any written proposal provided under this RFP. This solicitation is a request for Refuse Services at Fairchild AFB in accordance with the attached Performance-based Work Statement (PWS) (Attachment

2) and other associated documents. The contract consists of a Base Year from 1 Oct 2023 through 30 Sep

2024 and six, one-year option periods.

The solicitation document and incorporated provisions and clauses are those in effect through Federal

Acquisition Circular 2023-02; Effective 16 March 2023.

This acquisition is set-aside 100% for small business under NAICS code 562111 with a size standard of

$47 million and PSC S205, (Housekeeping-trash/garbage Collection).

All prospective offerors must be registered in the System for Award Management (SAM) at www.sam.gov. Lack of SAM registration may make an offeror ineligible for award. The Unit Small

Business Specialist is Mr. Michael Gilbert, at 509-247-4880; link to USAF Small Business, http://www.airforcesmallbiz.af.mil; link to SBA, http://sba.gov.

The contract CLIN structure is detailed in “Attachment 1. Pricing Schedule.”

Notice to Vendor(s): The Government reserves the right to cancel this RFP, either before or after the closing date. In the event the Government cancels this RFP, the Government has no obligation to reimburse a vendor for any costs.

FAR Provision 52.212-1, Instruction to Offerors–Commercial Products and Commercial Services.

(2023-03), applies to this acquisition and is incorporated by reference. As prescribed in FAR 12.301(c), the following addendum is provided for this solicitation:

Addendum FAR 52.212-1, Instructions to Offerors– Commercial Products and Commercial

Services:

NOTE: All headings in bold are referencing back to the basic provision 52.212-1.

To assure timely and equitable evaluation of the proposals, vendors must follow the instructions provided in FAR 52.212-1 and are required to meet all solicitation requirements, failure to meet a requirement may result in a proposal being ineligible for award. The government’s terms, conditions, and respective clauses contained within this solicitation are prescribed IAW the FAR, and are not subject to conditionally proposed revisions or changes requested by offerors.

http://www.sam.gov/ http://sba.gov/

Paragraph (b); in addition to the required information, provide the following with your proposal:

Subparagraph (4); Technical submission – The offeror shall provide proof of a valid certificate from the

Washington Utilities and Transportation Commission to perform the required work at Fairchild AFB. The current certificate is G-260. The offeror shall provide a written plan describing how it will continue to perform the essential contractor services listed in Attachment 2. Performance Work Statement (PWS) during periods of crisis IAW DFARS 252.237-7024, Notice of Continuation of Essential Contractor

Services dated October 2010.

Subparagraph (6); Complete the Pricing Schedule (Attachment 1) provided.

Firm Fixed Priced Proposal: The resultant contract will be Firm Fixed Priced, accordingly, pricing is not subject to revision and/or negotiation if selected for contract award. Proposals shall include pricing for all line items and prices shall not be more than two (2) decimal places. FOB is ‘Destination’

Instructions for Pricing Schedule (Attachment 1): Insert proposed unit and extended prices in the Pricing

Schedule. The extended amount must equal the whole dollar unit price multiplied by the number of units.

The proposal must be submitted for a base year plus six (6) Option Years.

Subparagraph (8); All vendors must be registered and active in the System for Award Management

(SAM) at https://www.sam.gov/portal/public/SAM/ at time of proposal submittal to be considered for award. Vendors must complete all necessary fill-ins and certifications in the on- line Representations and

Certifications and return the provision Federal Acquisition Regulation (FAR) 52.212-3, Offeror

Representations and Certifications – Commercial Items para (b) along with the proposal.

UEI Number/Cage Code: /

Number of Employees/Total Yearly Revenue: /

Subparagraph (9); Amendments; Offerors will acknowledge, sign and submit with their proposal all solicitation amendments.

Subparagraph (10); PAST PERFORMANCE INFORMATION - All completed past performance questionnaires shall be submitted by the Past Performance Point of Contact (PP POC), upon completion, to the Contracting Officer and the Contract Specialist. Offerors shall submit recent and relevant contact information for a maximum of two (2) references for refuse services.

a) To be considered recent, for a particular contract or combination of contracts, services must have been and/or are currently being provided at any time within the last three (3) years from the date of issuance of this solicitation.

b) To be considered relevant, offerors must have performed services similar to the services described in the PWS.

1. The offeror will be responsible for contacting the PP POC referenced in their proposal. The PP

POCs will be requested to complete the Past Performance Questionnaire (Attachment 7) which must be submitted directly from the past performance POC to the Contracting Officer/Specialist.

THE RESPONSIBILITY FOR PROVIDING THE QUESTIONAIRES TO THE PP POCs AND

VERIFY RECEIPT BY THE GOVERNMENT OF THE COMPLETED QUESTIONNAIRES

RESTS SOLEY WITH THE OFFEROR.

http://www.sam.gov/portal/public/SAM/

2. For each past performance POC identified, offerors must provide the following respondent information from section A of the Past Performance questionnaire to the contracting officer:

• Company/Division name/Contracting Agency/Customer Name

• Name, address, and email

• Description of service provided

• Contract number (if applicable)

• Contract value

• Period of performance

Paragraph (c); first sentence revised as follows: The vendor agrees to hold the prices in its proposal firm for 90 calendar days from the date specified for receipt of proposals, unless another time period is specified in an addendum to the proposal.

To assure timely and equitable evaluation of the proposal offerors must follow the instructions provided in FAR 52.212-1 and are required to meet all solicitation requirements, failure to meet a requirement may result in a proposal being ineligible for award. The government’s terms, conditions, and respective clauses contained within this solicitation are prescribed IAW the FAR and are not subject to conditionally proposed previsions or changes requested by offerors.

Paragraph (f); Proposals must be sent as stated below, if provided by any other method, is incomplete, or missing required items, the proposal may not be considered. If submitting via email, it is recommended a read/delivery receipt is attached to the email. Late proposals will be handled in accordance with

FAR 15.

Proposals are due no later than 8 May 2023 at 1:00 PM Pacific Time.

E-mailed proposals will be sent to james.plumlee@us.af.mil AND clifford.dockter@us.af.mil or mailed to 110 W. Ent St. Suite 200, Fairchild AFB, WA 99011-8568. It is the contractor’s responsibility to ensure complete proposals are received prior to the due date and time.

Points of Contact: Mr. James Plumlee, Contracting Specialist, phone (509) 247-4876, e-mail james.plumlee@us.af.mil , or Mr. Clifford Dockter, Contracting Officer, phone (509) 247-8141, email clifford.dockter@us.af.mil .

Upon award, payment for delivered services will be through the Department of Defense invoicing system, Wide Area Workflow.

Site Visit

(a) A pre-proposal conference will be conducted at 92d Contracting Squadron, 110 West Ent St.

Fairchild AFB, 99011 at 9:00 AM Pacific Time on 18 April 2023. Contact Mr. James Plumlee at james.plumlee@us.af.mil , (509) 247-4876 AND Mr. Clifford Dockter at clifford.dockter@us.af.mil

(509)247-8141 no later than 1:00 PM Pacific Time on Tuesday 12 April 2023 with information on attendees to the pre-proposal conference regarding this solicitation. This information must be provided in advance to ensure access to the military base/conference site and adequate seating for the conference attendees.

(b) Offerors are requested to submit questions to the points of contact noted above not later than

4:00PM Pacific Time on 20 April 2023. Information provided at this conference shall not qualify the terms and conditions of the solicitation and specifications. Terms of the solicitation and specifications remain unchanged unless the solicitation is amended in writing. If an amendment is issued, normal procedures relating to the acknowledgment and receipt of solicitation amendments shall apply.

mailto:jame.plumlee@us.af.mil mailto:clifford.dockter@us.af.mil mailto:james.plumlee@us.af.mil mailto:clifford.dockter@us.af.mil mailto:james.plumlee@us.af.mil mailto:clifford.dockter@us.af.mil

(c) A record of the conference shall be made and furnished to all prospective bidders/offerors. The record should include minutes of the meeting, including questions (on a non-attribution basis) and answers.

Paragraph (g); Interchanges: The government intends to award a contract without Interchanges with respective vendors. The government, however, reserves the right to conduct Interchanges, with all, some, or none of the vendors, if deemed in its best interest.

52.212-2 Evaluation of Commercial Items (2021-11)

(a) Pursuant to FAR 12.602 contract award will be made using Simplified Acquisition Procedures IAW

FAR 13.106. The government will award a contract resulting from this RFP to the responsible offeror whose offer conforming to the RFP, will be most advantageous to the government, price and other factors considered. The following factors shall be used to evaluate proposals:

i. Technical Evaluation Factor: Rated on a GO/NO GO basis.

License.

Mission Essential Plan

ii. Price

iii. Past Performance

This evaluation will be conducted as a Subjective Trade-off; where Past Performance is approximately equal to price.

(b) Options. The government will evaluate proposals for award purposes by adding the total price for all line items within the base year and six option periods to reach a Total Evaluated Price (TEP). The government may determine that a proposal is unacceptable if the prices for each line item is significantly unbalanced.

(c) A written notice of award or acceptance of a proposal, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the proposal, shall result in a binding contract without further action by either party. Before the proposal specified expiration time, the government may accept a proposal (or part of a proposal), whether or not there are interchanges after its receipt, unless a written notice of withdrawal from the offeror is received before award.

FAR Provision 52.212-2, Evaluation-Commercial Items (2021-11), applies to this acquisition and prescribed in FAR 12.301(c), the following addendum is provided for this solicitation:

Addendum 52.212-2-Evaluation Commercial Items

Basis for contract award. The government seeks to award to the offeror whose proposal conforms to the solicitation, is rated as “GO” for the Technical Evaluation Factor, Past Performance has been determined to be Satisfactory or higher, and the price is determined to be fair and reasonable to the government.

Evaluation steps:

Step 1: All submitted proposals conforming to solicitation requirements will be assigned a technical “GO” or “NO GO” rating. A “GO” rating will be assigned for proposals that provide an acceptable mission essential plan that conforms to all requirements of DFARS 252.237-7024 Notice of Continuation of

Essential Contractor Services, and a current license from the Washington Utilities and Transportation

Commission to perform the required work on Fairchild AFB. Proposals that are not fully compliant will be ineligible for award.

Step 2: Rank all technically rated “GO” proposals based upon offeror’s Total Evaluated Price (TEP) from lowest TEP to highest TEP.

Step 3: Complete the past performance confidence assessment as described below.

Step 4: Evaluate lowest price offeror’s past performance and proceed in order of price until a past performance confidence assessment rating of “Satisfactory” or better is achieved or all proposals have been evaluated. If the lowest priced proposal is rated “Satisfactory Confidence”, and is determined to be responsible, the evaluation process stops at this point. Award will be made to that offeror without further consideration of any other proposals.

Step 5: In the event the government does not make an award pursuant to step 4 above, the government will evaluate the next lowest price offer and the process will continue (in order of price) until a proposal is rated

“Satisfactory Confidence” or better or until all proposals are evaluated. The government reserves the right to award a contract to other than the lowest priced offeror.

Price Evaluation. The contracting officer has determined there is a high probability of adequate price competition in this acquisition. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists; offerors may be required to submit information to the extent necessary for the contracting officer to determine the reasonableness and affordability of the price.

The government will evaluate prices submitted on RFP Attachment 1 - Pricing Schedule. The government will evaluate for unbalanced pricing. Next, each total Line Item price will be added together to arrive at a Total Evaluated Price (TEP). Failure to propose prices for all line items on the pricing schedule will render the proposal incomplete and potentially removed from further award consideration.

Offerors should propose the best pricing to the government for each item in arriving at the most competitive price. Price information submitted in each offeror’s price proposal, as required by the

Addendum to FAR 52.212-1, Instructions to Offerors-Commercial Items, will be evaluated to determine if proposed prices are fair and reasonable IAW FAR 13.106-3. Unbalanced pricing may pose an unacceptable risk to the government and may be a reason to reject an offeror’s proposal.

Past Performance. Past Performance evaluation will include recent contracts performed by the contractor within the last 3 years from the date of issuance of this solicitation. Contracts that are not considered recent will not be evaluated for relevancy.

The government will assign a relevancy rating for each recent past performance contract reference below.

Table 1. Past Performance Relevancy Ratings Method

Adjectival Rating Description

Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Somewhat Relevant Present/past performance effort involved some aspects of the scope and

Not Relevant Present/past performance effort involved little or none of the scope and

Relevant past performance information will be evaluated as outlined below. This evaluation will result in assignment of a past performance confidence rating, see Table 2.

Table 2. Past Performance Confidence Assessment

Substantial

Confidence

Based on the offeror’s recent/relevant performance record, the Government has a high expectation that the offeror will successfully perform the required effort.

Satisfactory

Confidence

Based on the offeror’s recent/relevant performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort.

Neutral

Confidence

No recent/relevant performance record is available or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. The offeror may not be evaluated favorably or unfavorably on the factor of past performance.

Limited

Confidence

Based on the offeror’s recent/relevant performance record, the Government has a low expectation that the offeror will successfully perform the required effort.

No

Confidence

Based on the offeror’s recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.

NOTE: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance information rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance.

Therefore, the offeror shall be determined to have unknown (or “neutral”) past performance. The offeror will have an opportunity to respond to any overall unfavorable past performance, if not previously afforded the opportunity by the government (e.g. CPARS).

Sources of Past Performance. In addition to the Past Performance Questionnaires (Attachment 7) completed by the points of contact listed in the proposal, the government will also utilize data independently obtained from other government and commercial sources. These sources may include, but are not limited to, Contractor Performance Assessment Reporting System (CPARS), using all

CAGE/DUNS numbers of your company, predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement or who are part of a partnership/joint venture or teaming agreement identified in the offerors proposal, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic

Subcontracting Reporting System (eSRS), and any other known sources not provided by the offeror.

However, subcontractor and predecessor company information will be considered only to the degree to which their work is relevant to the instant acquisition unless 13 C.F.R. 125.8(e) or 13 C.F.R. 125.2 apply.

NOTE: Completed questionnaires shall be emailed from past performance points of contact to:

Mr. James Plumlee at james.plumlee@us.af.mil and Clifford Dockter at clifford.dockter@us.af.mil.

(End Addendum)

52.252-1 Solicitation Provisions Incorporated By Reference. (1998-02)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed mailto:james.plumlee@us.af.mil mailto:clifford.dockter@us.af.mil by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/

(End of Provision)

52.252-2 Clauses Incorporated by Reference. (1998-02)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov

(End of Clause)

52.252-6 Authorized Deviations in Clauses. (2020-11)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter1) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the date of the clause.

(b) The use in this solicitation or contract of any FAR and DFARS. (48 CFR _Chapter 99) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the name of the regulation.

(End of Clause)

PROVISIONS/CLAUSES INCORPORATED BY REFERENCE

CLAUSE NO. CLAUSE TITLE DATE

52.203-3 Gratuities. 1984-04

52.203-11 Certification and Disclosure Regarding Payments to

Influence Certain Federal Transactions

2007-09

52.203-12 Limitation on Payments to Influence Certain Federal

Transactions

2020-06

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

Content Paper.

2011-05

52.204-7 System for Award Management. 2018-10

52.204-13 System for Award Management Maintenance 2018-10

52.204-16 Commercial and Government Entity Code Reporting 2020-08

52.204-18 Commercial and Government Entity Code Maintenance 2020-08

52.204-22 Alternative Line Item Proposal 2017-01 https://www.acquisition.gov/ http://www.acquisition.gov/

52.212-1 Instruction to Offerors–Commercial Products and

Commercial Services.

2023-03

52.212-4 Contract Terms and Conditions-Commercial Items. 2022-12

52.219-28 Post-Award Small Business Program Representation 2023-03

52.223-22 Public Disclosure of Greenhouse Gas Emissions and

Reduction Goals-Representation.

2016-12

52.232-18 Availability of Funds 1984-04

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors.

2023-03

52.237-2 Protection of Government Buildings, Equipment, and

Vegetation.

1984-04

252.201-7000 Contracting Officer's Representative 1991-12

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

2011-09

252.203-7002 Requirement to Inform Employees of Whistleblower

Rights.

2022-12

252.203-7005 Representation Relating to Compensation of Former DoD

Officials.

2022-09

252.204-7003 Control of Government Personnel Work Product. 1992-04

252.204-7004 Antiterrorism Awareness Training for Contractors 2023-01

252.204-7006 Billing Instructions 2005-10

252.204-7008 Compliance with Safeguarding Covered Defense

Information Controls

2016-10

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting.

2023-01

252.204-7015 Notice of Authorized Disclosure of Information for

Litigation Support

2023-01

252.204-7016 Covered Defense Telecommunications Equipment or

Services-Representation

2019-12

252.204-7018 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services

2023-01

252.204-7019 Notice of NIST SP 800-171 DoD Assessment

Requirements

2022-03

252.204-7020 NIST SP 800-171 DoD Assessment Requirements 2023-01

252.209-7004 Subcontracting with Firms that are Owned or

Controlled by the Government of a Country that is a

State Sponsor of Terrorism

2019-05

252.215-7013 Supplies and Services Provided by Nontraditional

Defense Contractors.

2023-01

252.223-7006 Prohibition on Storage, Treatment, and Disposal of

Toxic or Hazardous Materials.

2014-09

252.225-7001 Buy American and Balance of Payments Program. 2023-01

252.225-7002 Qualifying Country Sources as Subcontractors. 2022-03

252.225-7012 Preference for Certain Domestic Commodities 2022-04

252.225-7048 Export-Controlled Items. 2013-06

252.232-7003 Electronic Submission of Payment Requests and

Receiving Reports

2018-12

252.232-7010 Levies on Contract Payments. 2006-12

252.237-7010 Prohibition on Interrogation of Detainees by

Contractor Personnel

2023-01

252.243-7001 Pricing of Contract Modifications. 1991-12

252.244-7000 Subcontracts for Commercial Items 2023-01

PROVISIONS/CLAUSES INCORPORATED BY FULL TEXT

52.204-24 Representation Regarding Certain Telecommunications (2021-11) and Video Surveillance Services or Equipment.

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications

Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror

Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it

"does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at

52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense

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

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year

2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

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

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services”. Representation. The

Offeror represents that—

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph

(e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds

"does" in paragraph (d)(2) of this section.

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

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer

(OEM) or a distributor, if known);

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

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

(ii) For covered services—

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

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided;

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

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded

"does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

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

52.204-26 Covered Telecommunications Equipment or Services-Representation. (2020-10)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and

"reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for

Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for

"covered telecommunications equipment or services".

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

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it

[ ] does, [ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

52.209-7 Information Regarding Responsibility Matters. (2018-10)

(a) Definitions. As used in this provision—

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals

Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

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

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

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

Schedules).

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

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

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in

FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of provision)

52.212-3 Offeror Representations and Certifications—Commercial Products (2022-12) and Commercial Services.

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision—

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or http://www.sam.gov/

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C.

395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for

Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

Restricted business operations do not include business operations that the person (as that term is defined in

Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

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

Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the

Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

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

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

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

(6) Have been voluntarily suspended."Sensitive technology"—

Sensitive technology—

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

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

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

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency

Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

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

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

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

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

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

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

(i) One or more socially disadvantaged (as defined at13 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 CFR124.104(c)(2);

and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR

124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

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

State law and specific circumstances.

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

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

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

Women-owned business concern means a concern which 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 its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women

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 least51 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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph

(b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR

52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR

4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that—

(i) It □ is, □ is not a small business concern; or

(ii) It □ is, □ is not a small business joint venture that complies with the requirements of

13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.]

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is,

□ is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [ Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that—

(i) It □ is, □ is not a service-disabled veteran-owned small business concern; or

(ii)It □ is, □ is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and

(2). [The offeror shall enter the name and unique entity identifier of each party to the joint venture:

____________.] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

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

(6) WOSB joint venture eligible under the WOSB Program. The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.]

(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture:

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph

(c)(1) of this provision.] The offeror represents that it □ is a…