Carpet Combined Synopsis and Solicitation_23Sep21.pdf

USAFA Carpet Installation Solicitation #: FA700021R0013

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

The Request for Quotation (RFQ) number FA700021R0013 shall be used to reference any written quote provided under this RFQ.

The RFQ document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-06; Effective 12 July 2021.

This is a set-aside for small business.

The North American Industry Classification System (NAICS) code for this project is 238330, Flooring Contractors with a size standard of $16.5M.

The purpose of this combined synopsis and solicitations for the installation and/or repair of carpet in accordance with the attached Performance Work Statement (PWS), attachment 1 and Air Force Carpet Ordering Guide, attachment 5.

NONPERSONAL SERVICES: Provide all management, tools, supplies, parts, equipment, and labor necessary to install carpet at USAFA in accordance with the Performance Work Statement (PWS) dated 25 August 2021 and Service Contract Act, Revision 17, dated 21 July 2021 (attachment 4).

The Contractor shall order all materials that are available and needed through the USAF Carpet Program Ordering Guide with the exemption of cove base, transition strips or other materials not listed in the Ordering Guide.

IAW the AFCEC/CL Memorandum dated 2019.12.09 entitled "Mandatory Use Policy for Air Force Carpet Acquisitions within the Contiguous U.S. (OMB Memoranda, Improving Acquisition through Strategic Sourcing, 5 December 2012)" which states "Effective 1 September 2019, all AF contracting offices and Government Purchase Card (GPC) holders shall solicit and award carpet installation services at the Tier II level by utilizing the NTE pricing of the Tier I AF carpet contracts (FA8057-17-C-0002, Shaw Industries, Inc, Point of Contact: Eric Taylor and Farah Finley at 706-532-7567 and 770-276-7505). This mandatory use policy will apply to carpet installation services at AF installations in the contiguous US and will remain in effect unless rescinded."

Prices quoted must be Firm-Fixed Price to include shipping and handling charges based on F.O.B Destination.

Service will be performed at United States Air Force Academy (USAFA), Colorado.

*FAR Provision 52.212-1, Instructions to Offerors – Commercial Items (Mar 2020) applies to this acquisition and the following addendum applies:

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Addendum to FAR 52.212-1, Instructions to Offerors -- Commercial Items (Mar 2020):

The following words stating “offer”, “offeror”, and “proposal” are replaced with “quotation”, “vendor”, and “quote”.

Paragraph (a) first sentence revised as follows: “The NAICS code and small business size standard for this acquisition appear above.”

Paragraph (c) first sentence revised as follows: “The vendor agrees to hold the prices in its quote firm for 60 calendar days from the date specified for receipt of quotes, unless another time period is specified in an addendum to the quote.”

NOTICE TO OFFERORS: The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse a quoter for any costs.

Quotes must comply with all instructions contained IAW FAR 52.212-1 and the addenda to FAR 52.212-1, Instructions to Offerors--Commercial Items (listed below).

The contractor shall submit their quote on company letterhead to include the following:

solicitation number, contact name, address, telephone number, unit price, extended price, any discount terms, delivery terms, cage code, DUNS number, tax identification number, size of business and a statement that the quote is valid for a minimum of 60 days. The Contracting Officer is not responsible for locating or obtaining any information not identified in the quote.

1. General Instructions. To assure timely and equitable evaluation of quotes, the quoter must follow the instructions contained herein. Quoters are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to meet a requirement may result in a quote being ineligible for award.

Quoters must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale.

RFQ due date: 24 SEPTEMBER 2021 RFQ due time: 10:00 A.M. MDT Email to lila.schmideke.1@us.af.mil and leila.bussey@us.af.mil

THIS MUST BE SENT TO LILA SCHMIDEKE and LEILA BUSSEY AS STATED

BELOW. YOU MAY WISH TO PLACE A READ/DELIVERY RECEIPT.

Note: .zip files are not an acceptable format for the Air Force Network and will not go through our email system. Offers have the option to submit documents using DOD SAFE at https://safe.apps.mil/ * If using DODSAFE please email Lila Schmideke and Leila Bussey with the passcode.

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Please submit no more than 5 pages in response to this request. After 5 pages, the Contracting Officer will not continue to evaluate information. One page is considered to be one side of an 8 ½” x 11” piece of paper in a minimum of 12 font, single spaced. It is the quoter’s responsibility to complete their representations and certifications at https://www.sam.gov for the quote to be eligible to be evaluated for award.

All companies must have an active registration in the System for Award Management at https://www.sam.gov to be considered for award. The Government will not provide contract financing for this acquisition. Invoice instruction shall be provided at time of award.

Late submissions: Quoters are responsible for submitting quotations so as to reach the Government office designated in the solicitation by the time specified in the solicitation. Any quotation received at the Government office designated in the solicitation after the exact time specified for receipt of quotations is late and may not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late quotation would not unduly delay the acquisition. If an emergency or unanticipated event interrupts normal Government processes so that quotations cannot be received at the Government office designated for receipt of quotations by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of quotations will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

All questions regarding this RFQ must be email to lila.schmideke.1@us.af.mil and leila.bussey@us.af.mil by 20 September 2021 at 10:00 A.M. MDT.

The contractor’s quote/response shall consist of two (2) separate parts:

Part I – Price Quote Part II – Technical –Experience Information

Part I – Price Quote – No page limit.

The quoter shall submit proposed unit prices for each Item Number in the provide price schedule template in Attachment #2. Use the attached drawing and PWS shall be used to calculate Price Schedule price.

Prices will be determined by Price Schedule; each item will be priced to include an encompassing price of labor, supervision, overhead, carpet removal, and materials.

A Task Order (see Attachment 3 – Drawings) will be issued at award. The “Likely Awardable” Task Order prices will be based off of pricing provided in the Proposed Price Schedule (Attachment 2).

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All future task orders shall be priced IAW the price schedule which will be contractually binding.

Part II – Technical –Experience Information

i. Minimum Experience Requirement Contract References - limited to one citation total. The technical experience is considered to be one contract demonstrating similar services rendered.

Provide details on a most similar contract effort performed for the Government and/or a commercial business facility within the last three years from the issue date of this solicitation.

Offeror shall submit experience using the Experience Contract Effort Information (listed below).

A point of contact must be provided so the Government can verify the project information. Only one Experience Contract Effort will be accepted.

Recent technical experience is defined as past experience on contracts within the last three years from the issue date of this solicitation. Technical experience for contracts exceeding the timeframe will be excluded from evaluation. Similar contracts include performance of Carpet Installation or Repair Services for the Government and/or a commercial business facility and must demonstrate the contractor’s ability to installed or repair carpet. Furnish the following information for the submitted Experience Contract Effort:

1. Company/Division name

2. Contracting Agency/Customer

3. Contract Number and Task/Delivery Order Number (if applicable)

4. Contract Dollar Value

5. Period of Performance

6. Current name, email address, address, and telephone number of the contracting officer or contracting officer representative (if experience was on government contract)

7. Current name, email address, address, and telephone number of the customer (if experience was on nongovernment contract)

8. A detailed description of the services rendered and its relevancy to the USAFA Carpet Installation and Repair Services requirement

9. Comments regarding compliance with contract terms and conditions

Note: Do not leave any of the above information blank. This information may also be used in determining responsibility. If a joint venture is contemplated, provide complete information as to the agreement. The submitted minimum experience citation must have been performed by the joint venture itself or by one of the joint venture partners individually.

FAR Provision *52.212-2, Evaluation -- Commercial Items (Oct 14), applies to this acquisition and the following evaluation is applicable:

(a) The Government will award a contract resulting from this RFQ to the responsible vendor whose quote conforming to the RFQ will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes:

(i) price;

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(ii) technical capability of the service offered to meet the Government’s requirement

A vendor must be determined to be responsible by the Contracting Officer in order to be eligible for award. Responsibility is described in Federal Acquisition Regulation (FAR) Subpart 9.1, “Responsible Prospective Contractors.” Part of the determination addresses financial capability.

Please provide the names, addresses and points of contact for all financial institution organizations utilized to determine if contractor has adequate financial resources to perform the contract or the ability to obtain them to include written authority to contact the provided financial institution.

By submission of its offer, the offeror agrees to all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors. Failure to adhere to all solicitation requirements may result in an offer being determined unacceptable and ineligible for further evaluation. The determination to eliminate an offeror from further evaluation for failure to adhere to solicitation requirements is at the Government’s sole discretion. The evaluation process shall proceed as follows:

Price Evaluation:

First, the Government shall place all quotes that meet the requirement of the solicitation in order by price, beginning with the lowest total evaluated price (TEP). The TEP will be calculated using the following table. The Total price for each Price Element is the Price Element (price) multiplied by the Quantity. The TEP is the sum of the “Total” column.

TEP Calculation Table

TEP Calculation Table Price Element Price Quantity Total (Price x

Quantity) Contract Line Item No. 0001 Sum of Tab A Item Nos. A001 thru A007 1 Sum of Tab B Item Nos. B001 thru B007 1 Sum of Tab C Item Nos. C001 thru C007 1 Sum of Tab D Item Nos. D001 thru D007 1 Sum of Tab E Item Nos. E001 thru E007 1 *6-month Extension of Services

TOTAL EVALUATED PRICE

*Six Month Extension Price – The Government will evaluate the price of the six month extension by taking the annual price for the fifth ordering period and multiplying it by 50%. This six month extension calculation will only be used during the evaluation of proposals. The actual value for the 6 month extension will be determined IAW FAR 52.217-8, Option to Extend Services, if and when the six month extension is exercised during contract performance.

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The Government will then evaluate only the lowest TEP offer to determine if it is reasonable, complete, and balanced. The burden of proof for credibility of quoted prices rests with the offeror.

The Government may also determine a quote unacceptable should the quoted prices be unbalanced.

Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more items is significantly overstated or understated. Failure to quote for any Price Element, may cause the offeror’s quote to be rejected as unacceptable.

Technical Capabilities:

Next, the lowest total evaluated priced offeror will be evaluated on an Acceptable/Unacceptable basis for the Technical Requirement. In order for the lowest total evaluated priced offeror to receive a rating of Acceptable, the Technical Factor must receive a rating of Acceptable. If the lowest total evaluated priced offeror receives an Unacceptable rating of the Technical Factor, the evaluation of that quote will stop.

Technical Factor: The government requires the offeror to display experience in carpet installation.

Rating Description Acceptable Offeror provided sufficient information on the Experience

Contract Effort information to substantiate the offeror's demonstrated previous experience

Unacceptable Offeror provided sufficient information on the Experience Contract Effort information to substantiate the offeror's demonstrated previous experience

Basis of Award:

If the lowest total evaluated priced offeror receives an “Acceptable” technical rating, evaluation of that quote is complete, award will be made to that offeror, and the evaluation process will stop.

If the lowest total evaluated priced, offeror receives an “Unacceptable” technical rating, evaluation of that quote will stop for that specific offeror. Then, the next lowest total evaluated priced offeror will be evaluated using the methodology above and the process will continue (in order by price) until a technically acceptable offeror is evaluated.

Discussions: The government intends to award a purchase order without discussions with respective vendors/quoters (while keeping with FAR Part 12 and 13). The government however, reserves the right to conduct discussions if deemed in its best interest.

Quoters shall provide the information described in the addendum to FAR 52.212-1, Instructions to Offerors – Commercial Items. Quoters shall meet all solicitation requirements, such as terms and conditions, representations and certifications, and PWS requirements, in addition to those identified as factors. Failure to comply with the terms and conditions of the solicitation may

7 | P a g e result in the quoter being ineligible for award. In the case that a discrepancy exists between the addendum to FAR 52.212-1, Instructions to Offerors – Commercial Items and the addendum to FAR 52.212-2, Evaluation – Commercial Items, the evaluation criteria in the addendum to FAR 52.212-2, Evaluation – Commercial Items will take precedence.

(End of Provision)

Include descriptive literature such as illustrations and drawings.

FAR Provision *52.212-3, Offeror Representations and Certifications -- Commercial Items (Feb 21), with its Alternate I (Oct 14), applies to this acquisition. All vendors must be registered in System for Award Management at https://www.sam.gov/portal/public/SAM/ at the time of Quote submittal.

FAR clause at 52.212-4, Contract Terms and Conditions -- Commercial Items (Oct 18), applies to this acquisition with the following Addendum: Paragraph (c) of this clause is tailored as follows:

ADDENDUM 52.212-4(c) Changes in terms and conditions of this contract may be made only by written agreement of the parties with the exception of certain changes such as administrative changes including changes in paying office, appropriations data, etc. authorized by the Federal Acquisition Regulation and its supplements that may be made unilaterally by the Contracting officer (for a complete list of changes that may be made unilaterally, see FAR 43.103(b)).

(End of Addendum)

ADDENDUM TO FAR 52.228-5

IAW FAR 28.307-2, Required Insurance Reference FAR Clause 52.228-5, entitled "Insurance--Work on a Government Installation", the Contractor shall, at its own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract.

1) Workmen's Compensation and Employers Liability Insurance as required by law that if this contract is to be performed in a State which does not require or permit private insurance, then compliance with the Statutory or administrative requirements in any such State will be satisfactory. The required Workmen's Compensation insurance shall extend to cover employer's liability for accidental bodily injury or death and for occupational disease with a minimum liability limit of $100,000.

2) General Liability Insurance. Bodily injury liability insurance, in the minimum limits of $500,000 per occurrence shall be required on the comprehensive form of policy.

3) Automobile Liability Insurance. This insurance shall be required on the comprehensive form of policy and shall provide bodily injury liability and property damage liability covering the operation of all automobiles used in connection with the performance of the contract. At least the minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage shall be required.

(End of Addendum)

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FAR Provision:

52.204-7 System for Award Management. 2018-10

52.252-1 Solicitation Provisions Incorporated by Reference. 1998-02 As prescribed in 52.107(a), insert the following provision: Solicitation Provisions Incorporated by Reference (Feb 1998) 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 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)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. 2020- As prescribed in 4.2105(a), insert the following provision:

REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT

(OCT 2020)

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

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

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

9 | P a g e agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

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

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

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

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

(d) Representation. The Offeror represents that-

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

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

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

(i) For covered equipment-

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

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

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

(ii) For covered services-

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

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

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

(i) For covered equipment-

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

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

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

(ii) For covered services-

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

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

(End of provision)

52.204-26 Covered Telecommunications Equipment or Services-Representation. 2020-10 As prescribed in 4.2105(c), insert the following provision:

COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION

(OCT 2020)

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

(b) Procedures. The 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)

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(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.

(End of provision)

52.209-7 Information Regarding Responsibility Matters. 2018-10 As prescribed at 9.104-7(b), insert the following provision:

INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

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

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

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

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

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

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

(End of provision)

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. 2016-02 As prescribed in 9.104-7(d), insert the following provision:

REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY

OR A FELONY CONVICTION UNDER ANY

FEDERAL LAW (FEB 2016)

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

(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

(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)

52.229-11 Tax on Certain Foreign Procurements-Notice and Representation. 2020-06 As prescribed in 29.402-3(a), insert the following provision:

TAX ON CERTAIN FOREIGN PROCUREMENTS-NOTICE AND REPRESENTATION (JUN

2020)

(a) Definitions. As used in this provision foreign person means any person other than a United States person. Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with

13 | P a g e the United States. For purposes of the prior sentence, a foreign country does not include an outlying area. United States person as defined in 26 U.S.C. 7701(a)(30) means

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and

(5) Any trust if -

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.

(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The Offeror would claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/w14. Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue.

The IRS Form W-14 is provided to the acquiring agency rather than to the IRS.

(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that

(1) It is / is not a foreign person; and

(2) If the Offeror indicates "is" in paragraph (d)(1) of this provision, then the Offeror represents that-I am claiming on the IRS Form W-14 a full exemption, or partial or no exemption [Offeror shall select one] from the excise tax.

(e) If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then-

(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and

(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent of each payment.

(f) If the Offeror selects "is" in paragraph (d)(1) and "partial or no exemption" in paragraph (d)(2) of this provision, the Offeror will be subject to withholding in accordance with the clause at FAR 52.229-12, Tax on Certain Foreign Procurements, in any resulting contract.

(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

(End of provision)

FAR Clauses Incorporated by Reference

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Number Title Effective Date 52.202-1 Definitions 2020-06 52.203-3 Gratuities. 1984-04 52.203-6 Restrictions on Subcontractor Sales to the Government. 2006-09 52.203-6 Alternate I Restrictions on Subcontractor Sales to the Government. 1995-10 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation.2017-01 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

52.204-7 System for Award Management. 2018-10 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. 2018-10 52.204-16 Commercial and Government Entity Code Reporting. 2020-08 52.204-21 Basic Safeguarding of Covered Contractor Information Systems. 2016-06 52.204-22 Alternative Line Item Proposal. 2017-01 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. 2020-06 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. 2018-10 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. 2015-11 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. 2016-02 52.217-5 Evaluation of Options. 1990-07 52.217-8 Option to Extend Services. 1999-11 52.219-6 Notice of Total Small Business Set-Aside. 2020-11 52.219-8 Utilization of Small Business Concerns. 2018-10 52.219-13 Notice of Set-Aside of Orders. 2020-03 52.219-14 Limitations on Subcontracting. 2020-03 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. 2020-06 52.225-13 Restrictions on Certain Foreign Purchases. 2021-02 52.228-5 Insurance – Work on a Government Installation.1997-01 52.232-33 Payment by Electronic Funds Transfer-System for Award Management.2018-10 52.232-36 Payment by Third Party. 2014-05 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12 52.233-3 Protest after Award. 1996-08 52.233-4 Applicable Law for Breach of Contract Claim. 2004-10 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. 1984-04 52.242-13 Bankruptcy. 1995-07

DFARS Clauses Incorporated by Reference Number Title Effective Date

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. 2013-09 252.204-7003 Control of Government Personnel Work Product. 1992-04 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. 2016-10

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252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. 2019- 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05 252.205-7000 Provision of Information to Cooperative Agreement Holders 1991-12 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism. 2019-05 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials.

2014-09 252.225-7048 Export-Controlled Items. 2013-06 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns. 2019-04 252.232-7010 Levies on Contract Payments. 2006-12 252.232-7017 Accelerating Payments to Small Business Subcontractors—Prohibition on Fees and Consideration. 2020-04 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. 2013-06 252.243-7001 Pricing of Contract Modifications. 1991-12 252.243-7002 Requests for Equitable Adjustment. 2012-12 252.244-7000 Subcontracts for Commercial Items. 2020-10

FAR Clauses Incorporated by Full Text

52.252-2 Clauses Incorporated by Reference. 1998-02 As prescribed in 52.107(b), insert the following clause: Clauses Incorporated By Reference (Feb 1998) 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)

52.212-3 Alternate I Offeror Representations and Certifications-Commercial Items.

(Alternate I) 2021-02 As prescribed in 12.301(b)(2), insert the following provision:

OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (JAN

2021) 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

16 | P a g e are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

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

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

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C.

395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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;

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

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

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

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

(6) Have been voluntarily suspended. “Sensitive technology"- Sensitive technology-

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

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

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

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

Service-disabled veteran-owned small business concern-

(1) Means a small business concern-

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

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

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

S.C. 101(16).

Small business concern-

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and 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.

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

(1)…