FY24 Simplified Acquisition Construction BPA - Request for Quotations V2.pdf

GSA Solicitation No. 47PB0024Q0018

R1 Simplified Acquisition Construction BPA (4/2024) (The Solicitation)

Region 1 Blanket Purchase Agreement (BPA) for Simplified Acquisition Procedures (SAP) Construction Services in the States of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont

The Solicitation Documents are comprised of the Standard Form (SF) 18 – Request for Quotation (# 47PB0024Q0018) and its attachments:

1. ATTACHMENT A – Solicitation Provisions

2. ATTACHMENT B – Pricing Form

3. ATTACHMENT C – Past Performance Form

4. ATTACHMENT D – Representations and Certifications

5. ATTACHMENT E – Draft Agreement

(The Solicitation)

ATTACHMENT A — Solicitation Provisions

1. General Information

a) The General Services Administration’s (GSA’s) Public Building Service (PBS) anticipates repetitive needs for construction services under the Simplified Acquisition Threshold

(currently $250,000), including but not limited to repair and alteration (R&A) projects, within the following local trade areas of Region 1 (New England Region) but the exact items, quantities, and delivery requirements are not known in advance and may vary considerably within the broad class of construction services:

1) Boston, MA metropolitan area;

2) Springfield, MA and Hartford, CT metropolitan areas;

3) Portland, Augusta, and Coburn Gore, ME metropolitan areas;

4) Bridgeport and New Haven, CT metropolitan areas;

5) Northwestern Vermont;

6) Northern Maine;

7) Eastern Maine;

8) Northeastern Vermont and Northern New Hampshire;

9) Rhode Island and Southern Massachusetts;

10) Worcester, MA metropolitan area; and

11) Southern New Hampshire.

See Attachment E Draft Agreement, Exhibit F Geographic Vicinities for Use of RSMeans

City Cost Index for further definition of these local trade areas.

b) In order to provide rapid, quality responses to these needs, GSA contemplates establishing a network of Blanket Purchase Agreements (BPA) established under the Simplified

Acquisition Procedures in Federal Acquisition Regulations (FAR) that would serve several purposes:

1) Generate interest in PBS’ smaller R&A projects.

2) Provide coverage commensurate with the immediate or urgent needs in each of the widely-varying geographic locations of the buildings within the PBS portfolio.

3) Grow the pool of contractors who are comfortable and willing to work with the federal government in order to increase competition on larger dollar-value projects.

c) Additionally, the general purpose of FAR Part 13, Simplified Acquisition Procedures, is to—

1) Reduce administrative costs;

2) Improve opportunities for small, small disadvantaged, women-owned, veteran-owned, HUBZone, and service-disabled veteran-owned small business concerns to obtain a fair proportion of Government contracts;

3) Promote efficiency and economy in contracting; and

4) Avoid unnecessary burdens for agencies and contractors.

ATTACHMENT A — SOLICITATION PROVISIONS

(The Solicitation)

2. Government Points of Contact

The following individuals are designated as the GSA points of contact under this Solicitation:

a) Contracting Officer:

Name: Siobhan Frongillo

Address: 10 Causeway Street, Suite 1100, Boston, MA

Telephone: 617-548-5628

Email: siobhan.frongillo@gsa.gov

b) Alternate Point of Contact:

c) Name: Lyska Bishop Benitez

Address: 10 Causeway Street, Suite 1100, Boston, MA

Telephone: 617-416-1385

Email: lyska.bishopbenitez@gsa.gov

3. Disclosure of the Magnitude of Construction Projects

In accordance with FAR 13.303-5 and FAR 36.204, the magnitude of individual construction projects may be between $0 and $250,000 (the current Simplified Acquisition Threshold

(SAT)) but shall not exceed the Simplified Acquisition Threshold.1

4. Notice of Total Small Business Set-Aside

(a) A program for the purpose of assisting qualified small business concerns in obtaining certain bid, payment, or performance bonds that are otherwise not obtainable is available through the Small Business Administration (SBA) (www.sba.gov). For information concerning SBA's surety bond guarantee assistance, contact your SBA District Office.

(b) The General Services Administration (GSA) is setting aside the contract under the following clause found in the Agreement 52.219-6, Notice of Total Small Business Set-Aside, under the NAICS codes identified in Attachment D, paragraph (a)(1) of FAR 52.204-8.

5. Instructions to Quoters

a) Amendments to solicitation. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Quoters shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

b) Submission of quotations.

1 The National Defense Authorization Act for Fiscal Year 2018, Section 805 increased the effective SAT to $250,000. The Federal Acquisition Regulation Council is working to amend the FAR to incorporate this change, although it will take time to implement.

http://www.sba.gov/

(The Solicitation)

1) Due date. Please furnish quotations to the issuing office in Block 5a of the SF 18.

Quotations received after close of business on the date stated in Block 10 of the SF 18 may not be considered for award.

2) Content of submission. Each submission shall consist of the following:

i) Completed SF 18.

ii) Completed SF 1442

iii) Completed Price Form. The Price Quotation shall include a fully executed Pricing

Form. Each Quoter must submit a Coefficient to the RS Means Pricing as listed in the Pricing Form and must completely provide all information as requested on this document. The Coefficient offered by the contractor may be negotiated during the evaluation process.

iv) Completed Similar Experience and Past Performance Forms. Quoters shall submit at least three (3) completed Similar Experience and Past Performance Forms for different projects that the quoter has completed within the last three (3) years that were valued at $150,000 or less. If a quoter wishes to be considered for more than one local trade area as identified in Section 1(a) and Exhibit F of the Draft

Agreement attached as Attachment E, the quoter shall submit at least two (2) forms for each local trade area to be considered. Collectively the projects submitted must include at least one (1) of the following seven (7) trades:

• Carpentry

• Painting/Wall Covering

• Electrical (to include Audio Visual installation)

• Plumbing

• HVAC

• Flooring

• Concrete/Asphalt

The quoter must submit references for each project in order to be considered.

v) Completed Representations and/or certifications. ATTACHMENT D —

REPRESENTATIONS AND CERTIFICATIONS must be completed by the quoter.

c) A Request for Information (RFI) period is established for this posting whereby the GSA

POCs will accept general RFIs that seek clarification for this posting. General RFIs will be accepted until May 13,2024.

1) Quotation Format.

i) Quoters shall submit an email with the subject line: “QUOTATION — SAP

CONSTRUCTION BPA”

ii) Electronic packages shall contain four (4) PDF files as described below:

A) Attachment labeled “(Contractor Name) SF18 — SAP CONSTRUCTION BPA”

B) Attachment labeled “(Contractor Name) SF1442 — SAP CONSTRUCTION BPA”

C) Attachment labeled “(Contractor Name) Pricing — SAP CONSTRUCTION BPA”

(The Solicitation)

D) Attachment labeled “(Contractor Name) Technical — SAP CONSTRUCTION

BPA”

E) Attachment labeled “(Contractor Name) Representations and Certifications —

SAP CONSTRUCTION BPA”

d) Requests for Clarification or Interpretation. The Government will attempt to answer all requests for clarifications or interpretations of the Solicitation Documents prior to the date set for receipt of quotations, but does not warrant that all such requests will be answered within 15 calendar days. Prospective quoters should make such requests not less than 15 calendar days prior to the date set for receipt of quotations.

6. Evaluation of Quotations and Basis for Awards

a) The contracting officer shall evaluate quotations in an impartial manner and on the basis established in this solicitation.

b) The Government will consider contractors whose past performance and experience has shown them to be dependable, who offer quality supplies or services at consistently lower prices, and who have provided numerous purchases at or below the simplified acquisition threshold.

c) Submissions that do not comply with the requirements in Section 5(b)(2)(iii) above may not be considered for the respective local trade area(s).

d) The contracting officer may conduct comparative evaluations of quotations.

1) Evaluation of past performance, inclusive of similar experience—

i) Does not require the creation or existence of a formal database; and

ii) May be based on one or more of the following:

A) The contracting officer’s knowledge of and previous experience with the supply or service being acquired;

B) Customer surveys, and past performance questionnaire replies;

C) The Contractor Performance Assessment Reporting System (CPARS) at https://www.cpars.gov; or

D) Any other reasonable basis.

2) The Past Performance evaluation will consider the similar experience on past projects in the local trade area as well as the quality of performance on past projects. As GSA’s requirements often include the increased coordination, organization, logistics and scheduling of work in an occupied space, including the need for off-hour work, similar experience and past performance projects that demonstrate performance in an occupied space and/or off-hour work may be evaluated more

e) After preliminary consideration of all quotations, the contracting officer will decide upon an efficient fashion by which to conduct the evaluations in accordance with the criteria specified in the solicitation, which may include but will not be limited to establishing a competitive range for each local trade area noted within the solicitation, limiting the number of proposals https://www.cpars.gov/

(The Solicitation) in the competitive range(s) to the greatest number that will permit an efficient competition among the most highly rated proposal, and conducting discussions if the Contracting Officer determines them to be necessary.

f) The Government may reject any or all quotations if such action is in the Government’s interest. The Government may also waive informalities and minor irregularities in quotations received.

g) BPAs may be established among local trade areas with—

1) More than one supplier for supplies or services of the same type to provide maximum practicable competition; or

2) A single firm from which numerous individual purchases at or below the simplified acquisition threshold (currently $250,000) will likely be made in a given period.

h) In accordance with FAR 13.106-2(b)(ii), the Government will make an award(s) within each local trade area based on whether the lowest priced of the quotations having the highest past performance rating possible represents the best value when compared to any lower priced quotation.

i) Before making each award—

1) The contracting officer must determine that the quoted price is fair and reasonable.

2) The contracting officer must make an affirmative determination of responsibility of the prospective contractor. Generally, prospective prime contractors are responsible for determining the responsibility of their prospective subcontractors. More information regarding prospective contractors’ responsibility, including General Standards and

Application of Standards, and Subcontractor Responsibility, can be found in FAR

Subpart 9.1.

7. Provisions Incorporated by Reference

This Solicitation incorporates one or more provisions, 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 full text of a provision may also be accessed electronically at this address:

FAR: https://www.acquisition.gov/browse/index/far

NUMBER TITLE DATE

FAR 52.204-7 System for Award Management OCT 2018 https://www.acquisition.gov/browse/index/far

(The Solicitation)

ATTACHMENT B — Pricing Form

[See separate file attached.]

ATTACHMENT B — PRICING FORM

(The Solicitation)

ATTACHMENT C — Similar Experience and Past Performance Form

Quoters shall submit at least three (3) Similar Experience and Past Performance Forms for different projects that the quoter has completed within the last three (3) years that were valued at $150,000 or less. If a quoter wishes to be considered for more than one local trade area as identified in Section 1(a) and Exhibit F of the Draft Agreement attached as Attachment E, the quoter shall submit at least two (2) forms for each local trade area to be considered. Collectively the projects submitted must include at least one (1) of the following seven (7) trades identified below.

Company Name: Date:

Company Address:

Local Trade Area(s) for consideration:

Project Name:

Project Location: Project Start Date:

Dollar Value of Project: $ Project End Date:

Project Description:

Trades included in Project:

☐ Carpentry

☐ Painting/Wall Covering

☐ Electrical

☐ Plumbing

☐ HVAC

☐ Flooring

☐ Concrete/Asphalt

☐ Roofing

☐ The quoter acted as General Contractor overseeing Building and Property Specialty Trade

Services requiring the use of multiple specialty trade contractors (i.e., plumbing, painting, plastering, carpentry, etc.), and no specialty trade accounts for

50% or more of the value of the procurement, all such specialty trade contractors activities are considered a single activity and classified as

Building and Property Specialty Trade Services.

The Project ☐ was ☐ was not performed in an occupied space

The Project ☐ was ☐ was not performed during off-hours

Customer Reference for Project and Current Contact Information:

Customer Company:

Contact Name: Contact Title:

Contact Phone: Contact Email:

Contact Address:

ATTACHMENT C — SIMILAR EXPERIENCE AND PAST PERFORMANCE FORM

GSA Solicitation No. 47PB00240018

(The Solicitation)

ATTACHMENT D — Representations and Certifications

1. Contractor Information

In addition to completing Blocks 13–15 on the SF 18, provide the following information:

a [state of incorporation]

☐ Corporation ☐ Partnership ☐ Sole Proprietorship

Data Universal Numbering System (DUNS) Number:

Taxpayer Identification Number (TIN):

Business Classification:

a. SMALL

d. WOMAN-OWNED

b. OTHER THAN SMALL

e. HUBZone

c. SMALL DISADVANTAGED

f. EMERGING SMALL

g. VETERAN h. SERVICE DISABLED VETERAN

Remittance address for payment (for use if selected for award):

2. Representations and Certifications

a) Offerors submitting a quotation in response to this Solicitation shall complete electronic

Annual Representations and Certifications in conjunction with required Entity registration in the System for Award Management (SAM), accessed via https://www.sam.gov.

b) Offerors shall also submit with their quotation, the Annual Representations and Certifications

(FAR 52.204-8) and the following Representations and Certifications:

FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020) ALTERNATE I (MAR

2020)

(a) (1) The North American Industry Classification System (NAICS) codes and corresponding size standards for this acquisition are as follows; the categories or portions these

NAICS codes are assigned to are specified elsewhere in the solicitation:

ATTACHMENT D — REPRESENTATIONS AND CERTIFICATIONS

[name of firm] , https://www.sam.gov/

(The Solicitation)

NAICS

codes

NAICS U.S. industry title

Size standards in millions of dollars

238110 Poured Concrete Foundation and Structure Contractors $16.5 M

238120 Structural Steel and Precast Concrete Contractors $16.5 M

238130 Framing Contractors $16.5 M

238140 Masonry Contractors $16.5 M

238150 Glass and Glazing Contractors $16.5 M

238160 Roofing Contractors $16.5 M

238170 Siding Contractors $16.5 M

238190 Other Foundation, Structure, and Building Exterior Contractors

$16.5 M

238210 Electrical Contractors and Other Wiring Installation Contractors

$16.5 M

238220 Plumbing, Heating, and Air-Conditioning Contractors $16.5 M

238290 Other Building Equipment Contractors $16.5 M

238310 Drywall and Insulation Contractors $16.5 M

238320 Painting and Wall Covering Contractors $16.5 M

238330 Flooring Contractors $16.5 M

238340 Tile and Terrazzo Contractors $16.5 M

238350 Finish Carpentry Contractors $16.5 M

238390 Other Building Finishing Contractors $16.5 M

238910 Site Preparation Contractors $16.5 M

238990 All Other Specialty Trade Contractors $16.5 M

Except, Building and Property Specialty Trade Services* $16.5 M

*NOTE: NAICS code 238990 – Building and Property Specialty Trade Services: If a procurement requires the use of multiple specialty trade contractors (i.e., plumbing, painting, plastering, carpentry, etc.), and no specialty trade accounts for 50% or more of the value of the procurement, all such specialty trade contractors activities are considered a single activity and classified as Building and Property Specialty Trade Services.

(2) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture (i.e., nonmanufacturer), is 500 employees.

(b) (1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award

Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

(i) ☐ Paragraph (d) applies.

(ii) ☐ Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

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(The Solicitation)

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless–

(A) The acquisition is to be made under the simplified acquisition procedures in part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain

Federal Transactions. This provision applies to solicitations expected to exceed

$150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services-Representation.

This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-

Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

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(The Solicitation)

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II).

This provision applies to solicitations when the contract will be performed in the

United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than

DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under

Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-

Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate.

(Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

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(The Solicitation)

(C) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.

(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-

Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution

Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the

Contracting Officer:

[Contracting Officer check as appropriate.]

(i) ☒ 52.204-17, Ownership or Control of Offeror.

(ii) ☒ 52.204-20, Predecessor of Offeror.

(iii) ☒ 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End

Products.

(iv) ☐ 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-

Certification.

(v) ☐ 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.

(vi) ☒ 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material

Content for EPA–Designated Products (Alternate I only).

(vii) ☐ 52.227-6, Royalty Information.

(A) ☐ Basic.

(B) ☐ Alternate I.

(viii) ☐ 52.227-15, Representation of Limited Rights Data and Restricted Computer

Software.

(d) The offeror has completed the annual representations and certifications electronically in

SAM website accessed through https://www.sam.gov. After reviewing the SAM information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053693 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053648 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1054426 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1054876 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1054999 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064305 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id165VE00099X https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055635 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056493 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056701 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053138 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1052268 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1052648

(The Solicitation) applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date].

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.

FAR Clause Title Date Change

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 on SAM.

(End of provision)

FAR 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

(a) Definition. As used in this provision –

“Commercial and Government Entity (CAGE) code” means–

(1) An identifier assigned to entities located in the United States or its outlying areas by the

Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government

Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

(b) The Offeror shall enter its CAGE code in its offer with its name and address or otherwise include it prominently in its proposal. The CAGE code entered must be for that name and address. Enter “CAGE” before the number. The CAGE code is required prior to award.

(c) CAGE codes may be obtained via–

(1) Registration in the System for Award Management (SAM) at www.sam.gov. If the

Offeror is located in the United States or its outlying areas and does not already have a

CAGE code assigned, the DLA Commercial and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).

(2) The DLA Contractor and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the offeror does not otherwise register in

SAM, an offeror located in the United States or its outlying areas may request that a

CAGE code be assigned by submitting a request at https://cage.dla.mil.

https://www.acquisition.gov/content/part-4-administrative-matters#i1121876 https://cage.dla.mil/

(The Solicitation)

(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification

Bureau in the foreign entity's country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign entity’s country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus, as well as additional information on obtaining NCAGE codes, are available at http://www.nato.int/structur/AC/135/main/links/contacts.htm.

(d) Additional guidance for establishing and maintaining CAGE codes is available at https://cage.dla.mil.

(e) When a CAGE Code is required for the immediate owner and/or the highest-level owner by 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE Code from that entity to supply the CAGE Code to the Government.

(f) Do not delay submission of the offer pending receipt of a CAGE code.

FAR 52.204-24, REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 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 the provision at 52.204–26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212–3, Offeror Representations and Certifications– Commercial Items.

(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— https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx http://www.nato.int/structur/AC/135/main/links/contacts.htm https://cage.dla.mil/ https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064305 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550

(The Solicitation)

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

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

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

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

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

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

(d) Representations. 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);

(The Solicitation)

(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.

3. Additional Clauses

The representation in GSAR 552.204-70 does not need to be completed by the offeror prior to award.

(The Solicitation)

GSAR 552.204-70, REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (DEVIATION I) (AUG 2019)

(a) Definitions. As used in this clause-

“Covered telecommunications equipment or services”, “Critical technology”, and

“Substantial or essential component” have the meanings provided in FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing-

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

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

(c) Representation. [Contractor to complete and submit to the Contracting Officer] The

Offeror or Contractor represents that it ☐ will or ☐ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract, order, or other contractual instrument resulting from this contract.

This representation shall be provided as part of the proposal and resubmitted on an annual basis from the date of award.

(d) Disclosures. If the Offeror or Contractor has responded affirmatively to the representation in paragraph (c) of this clause, the Offeror or Contractor shall provide the following additional information to the Contracting Officer—

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

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

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

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

(End of clause)

(The Solicitation)

ATTACHMENT E — Draft Agreement and Exhibits

[See separate files attached.]

ATTACHMENT E — DRAFT AGREEMENT AND EXHIBITS