BPA - RFQ - Translation Services 2025.docx
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- Solicitation number
- PR15023443
- Issued by
-
Department of State
About this file
This is a Request for Quotations (RFQ) issued by the U.S. Embassy in Tirana, Albania for interpretation and translation services between Albanian and English under a Blanket Purchase Agreement (BPA). The services include video remote consecutive translation, on-site consecutive interpretation, simultaneous interpretation, whispering interpretation, and written translation of documents including proof-reading and editing. The BPA will have a 5-year period of performance with an estimated total value of $250,000, with individual calls not to exceed $10,000.
Quotations are due January 15, 2025 by 10:00 AM local time and must be submitted electronically to TiranaBids@state.gov. Vendors must be registered in SAM.gov prior to submission. Required documentation includes completed SF-1449, compliance with Section 3 requirements, evaluation factors in Section 4, representations/certifications, and proof of SAM registration. The Embassy may award multiple BPAs to technically acceptable, responsible vendors offering services at or below market prices. Key requirements include proven professional experience, English language proficiency, and ability to handle sensitive/confidential information. Interpreters will need vetting by Albanian Law Enforcement Agencies and the U.S. Embassy.
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Text version
U.S. Embassy Tirana December 3, 2024
Dear Prospective Quoter:
Subject: Request for Quotations PR15023443
Enclosed is a Request for Quotations (RFQ) for Interpretation/Translation service Albanian – English and English – Albanian. If you would like to submit quotation, follow the instructions in Section 3 of the solicitation, complete the required portions of the attached document, and submit it to the address shown on the Standard Form 1449 that follows this letter.
The US. Government intends to award Blanket Purchase Agreement(s) (BPAs) to those firms that are technically acceptable, responsible, and clearly intend to sell products and/or services to the US. Government at market prices or below. Interested offerors need to know that the U S. Government may award multiple BPAs. The US. Government will only award to the number of BPAs, the US. Government believes is sufficient to meet needs and regulatory competition requirements.
Quotations are due on January 15, 2025, by 10:00 local time. No quotations will be accepted after this time. Proposals must be in English and incomplete proposals will not be accepted. Please submit your quotation electronically to TiranaBids@state.gov For a quotation to be considered, you must also complete and submit the following
1. SF-1449
2. Additional information as required in Section 3,
3. Compliance with evaluation factors outlined in Section 4,
4. Section 5 Representations and Certifications,
5. Proof of SAM Registration
Offerors should be registered in the SAM (System for Award Management) database at https:/www.sam.gov prior to submittal of their offer/proposal as prescribed under FAR 4.1102. Registration typically takes at least two weeks to complete. Failure to be fully registered at time of proposal submission may deem the offeror 's proposal to be considered incomplete and no further consideration will be given. Therefore, offerors are highly encouraged to register immediately if they are interested in submitting a response to this requirement.
Sincerely, Chris Carlisle Contracting Officer
TABLES OF CONTENTS
Request for Quotations PR15023443
SECTION 1 - THE SCHEDULE
· SF 1449 cover sheet
· Continuation to SF 1449, BPA Schedule of Supplies/Services, Block 20
SECTION 2 - CONTRACT CLAUSES
· Contract Clauses
· Addendum to Contract Clauses, FAR and DOSAR clauses not prescribed in Part 12
SECTION 3 - SOLICITATION PROVISIONS
· Solicitation Provisions
· Addendum to Solicitation Provisions - FAR and DOSAR clauses not prescribed in Part 12
SECTION 4 - EVALUATION FACTORS
SECTION 5 - OFFEROR REPRESENTATIONS AND CERTIFICATIONS
· Offeror Representations and Certifications
· Addendum to Offeror Representations and Certifications
PREVIOUS EDITION IS NOT USABLE
Prescribed by GSA – FAR (48 CFR) 53.212
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
1. REQUISITION NUMBER
PR15023443
2. CONTRACT NO.
3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER
5. SOLICITATION NUMBER
PR15023443
6. SOLICITATION ISSUE DATE
December 3, 2024
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
Elida Lako
b. TELEPHONE NUMBER (No collect calls)
8. OFFER DUE DATE
January 15, 2025, at 10.00 A.M (Local time)
9. ISSUED BY CODE
| 10. THIS ACQUISITION IS |
| |X| UNRESTRICTED OR |
| |_| SET ASIDE: ____ % FOR: |
| |_| SMALL BUSINESS |
| |_| WOMEN-OWNED SMALL BUSINESS |
GSO/Procurement US Embassy Tirana
|_| HUBZONE SMALL
BUSINESS
|_| (WOSB) ELLIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM NAICS:
Rr. Stavro Vinjau, NO 14 Tirana/Albania
|_| SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
|_| EDWOSB
| |_| 8 (A) |
| SIZE STANDARD: |
11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED
|_| SEE SCHEDULE
| 12. DISCOUNT TERMS |
| |_| 13a. THIS CONTRACT IS A |
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
|X| RFQ |_| IFB |_| RFP
| 15. DELIVER TO |
| CODE |
| 16. ADMINISTERED BY |
| CODE |
American Embassy, Tirana GSO/Procurement TiranaBids@state.gov
CODE
FACILITY CODE
18a. PAYMENT WILL BE MADE BY Financial Management Office US Embassy Tirana Rr. Stavro Vinjau, No.14 Tirana/Albania
CODE
|_|17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
| 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK | |
| BELOW IS CHECKED | |_| SEE ADDENDUM |
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
Blanket Purchase Agreement for Translation service Albanian – English and English – Albanian
| 5 |
| year |
25. ACCOUNTING AND APPROPRIATION DATA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
| |X| 27a.SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA |
| |X| ARE |_| ARE NOT ATTACHED |
| |_| 27b.CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA |
| |_| ARE |_| ARE NOT ATTACHED |
| |X| 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND SUBMIT TO TiranaBids@state.gov. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN. |
| |_| 29. AWARD OF CONTRACT: REF. _________________ OFFER DATED ____________. YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: |
| 30a. SIGNATURE OF OFFEROR/CONTRACTOR |
| 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) |
30b. NAME AND TITLE OF SIGNER (Type or print)
30c. DATE SIGNED
31b. NAME OF CONTRACTING OFFICER (Type or print) Chris Carlisle 31c. DATE SIGNED
SECTION 1 - THE SCHEDULE BLANKET PURCHASE AGREEMENT CONTINUATION TO SF 1449, BPA
SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20
ESTABLISHED BETWEEN US EMBASSY IN TIRANA, ALBANIA
THE BPA HOLDER:
1. BPA Number
The American Embassy in Tirana, Albania, invites COMPANY NAME (hereinafter referred to as "the Contractor") to enter into this BPA that establishes the terms and conditions applicable to future purchases of: Interpretation/Translation service Albanian – English and English – Albanian. The BPA Holder, here and after referred to as “BPA Holder” shall provide services as per enclosed statement of work.
2. Expiration Date:
BPA expires on 5 (five) calendar years after award date stated on SF-1449, block 3 and/or until the estimate of the amount in Paragraph 3, is reached, whichever occurs first.
3. Embassy Estimate:
The Embassy estimates that the volume of purchases through this agreement will be USD $250,000.00 or an equivalent amount in local currency.
4. Terms and Conditions:
· The Embassy is not obligated to purchase any definite amount under this agreement.
· No single purchase will exceed USD 10,000 (Micro-purchase threshold) or the equivalent in local currency.
· The total amount ordered under this agreement will not exceed $250,000 or the equivalent in local currency.
· The prices to the Government shall be as low or lower than those charged your most favored customers for comparable quantities under similar terms and conditions, in addition to any discount for prompt payment.
5. Authorized Employees
The following employees are authorized to place orders:
Name Job Title Dollar Limitation (or the equivalent in local currency ALL)
NOTE: Names and Job Titles of authorized BPA Callers will be provided at the time of BPA award. Dollar limitation of single BPA Call shall not exceed Micro Purchase Threshold (USD 10,000.00 or an equivalent amount in local currency).
No other employee may place an order against this BPA unless authorized in writing by the Contracting Officer.
6. Delivery Tickets
All shipments/deliveries shall be accompanied by a delivery ticket, sales slip, proforma invoice, work-proposal or including the following information:
· Name of supplier
· BPA number
· Date of purchase of service
· Purchase number
· Itemized list of supplies or services furnished.
· Quantity, unit price, and extension of each item, less applicable discounts
· Date of delivery or shipment
· Name of the authorized employee who placed the order.
7. Invoices
The BPA holder shall submit a summary invoice at least monthly or upon expiration of this BPA, whichever occurs first, for all deliveries made during a billing period. The invoice shall identify the delivery tickets covered therein, stating the total dollar value, and supported by recent copies of the delivery tickets. Improper or incorrect invoices shall be returned to BPA holder.
Invoices shall be mailed or delivered to the following address:
The Embassy of the United States of America in Tirana Attn: Financial Management Office Rr. Stavro Vinjau, No. 14 1000 Tirana Albania
The BPA holder may submit copy of invoice to the following e-mail address: TiranaVoucherExaminers@state.gov in compliance with Prompt Payment Act.
8. FAR and DOSAR Clauses
The FAR and DOSAR clauses attached to this BPA shall apply to all purchases made under this BPA. In the event of an inconsistency between the provisions of this BPA and your invoice, the provisions of the BPA shall take precedence.
9. Acceptance
You are requested to acknowledge acceptance of this BPA, including its terms, conditions, and clauses, by signing and returning a copy to Contracting Officer, U.S. Embassy Tirana, Rr. Stavro Vinjau, No. 14, Tirana, Albania.
BPA Accepted:
Signature
Date
Typed/Printed Name and Title of Signer
Please indicate the remittance or check mailing address in the space provided below if different from the address to which this agreement was addressed:
STATEMENT OF WORK
BLANKET PURCHASE AGREEMENT FOR “INTERPRETATION/TRANSLATION SERVICE
ALBANIAN – ENGLISH AND ENGLISH – ALBANIAN”
PART 1: GENERAL INFORMATION
A. Introduction The Embassy of the United States in Tirana will award a blanket purchase agreement for translation services from Albanian to English and English to Albanian applicable to any future service purchase on-demand for the required activities.
The Embassy of the United States intends to award BPAs to those vendors that are technically acceptable, responsible, and clearly intend to sell services to the U.S. Government at market prices or below. Firms/individuals also need to know that while we may award multiple BPAs, we will only award the number of BPAs we believe sufficient to meet our needs and regulatory competition requirements. In other words, even if we have vendors that are technically acceptable and responsible with fair and reasonable prices, we may award less than six BPAs if we have no need for six sources of this service.
B. Scope of work The Translator shall perform non-personal translation services/interpretation services conforming to high professional standards.
The Translator shall:
1. Translate from English into Albanian, or from Albanian into English, generally in informal situations, but involving in-depth professional exchanges on a wide variety of subjects, producing full, idiomatic translations of a broad range of documents of varying complexity.
2. Properly convey the substance of the words and information to be translated, conducting requisite research and with attention to detail and nuances. The Translator shall prepare a translation/interpretation that can be readily understood by the intended target audience. The Translator shall resolve linguistic problems as they arise and coordinate the work with others as necessary. The Translator shall adapt to constantly changing circumstances, personalities, and work environments.
3. Display fluent spoken and written English and Albanian, covering a wide range of terminology in many fields which may include important diplomatic, legal, economic, financial, technical, scientific, or other texts, which may originate from the highest levels of the U.S. government or foreign governments. These documents may include laws, constitutions, treaties, agreements, diplomatic notes, intelligence reports, speeches, etc., for the information of the Contracting Authority or for publication and dissemination. Translations shall be of such quality as to accuracy, terminology, and style that they require minimal review by the Contracting Authority. Should have a long and proved experience in translating/interpreting/ editing/proof-reading of high-level expertise legal language, as well as knowledge on radiation protection, border control, boat engineering and operation, government, history, and culture of the United States and of the cultural differences between the languages. The Translator shall also possess sufficient specialized knowledge to be able to handle, with personal research and/or topical briefings by the Government, any technical subject of high complexity, and be able to bridge terminology gaps, incongruent methodologies, different measurement systems, and similar disparities.
4. Adjust to the demands of diplomatic protocol, protective security requirements, and similar considerations while interpreting with clarity and accuracy. The Translator shall perform translation/interpreting/editing/ proof-reading services with the desired tenor of a public statement or the goals to be reached in a negotiation.
5. Perform instant analysis to correctly understand the substance of the words and information to be interpreted, including attention to detail and nuances. The Translator shall adapt to constantly changing circumstances, personalities, and work environments.
6. Display fluent spoken and written English and Albanian in many fields, but particularly in law enforcement, as well as knowledge of the government, history, and culture of the United States and of the cultural differences between the languages. The interpreter will need to be vetted by the Albanian Law Enforcement Agencies and the U.S. Embassy. The Translator must exhibit complete confidentiality given the sensitive nature After personal research and/or topical briefings by the Government, the Translator should be able to bridge terminology gaps, different measurement systems, and similar disparities. The Translator must have professional level interpretation skills with knowledge and documented experience interpreting law enforcement subjects.
7. Apply a high degree of judgment to understand the thrust of specific, often conceptually complex statements, such as typically drafted by leading experts in a field, and to transpose them into another language without loss of important nuances. The Contractor shall develop research patterns in order to define the specific parameters that must be mastered to overcome communications problems, often caused by differences in general philosophy, academic education, or scientific methodology among various countries and cultures.
8. Adjust to the demands of diplomatic protocol, protective security requirements, and similar considerations while interpreting with clarity and accuracy. The Translator shall perform interpreting services with the desired tenor of a public statement or the goals to be reached in a negotiation. Interpreting services may range from simple to highly complex sensitive assignments and the interpreter shall be able to work in a high-pressure environment.
9. The translator shall protect the confidentiality of all privileged and other confidential information. The translator shall limit themselves to interpreting or translating and shall not express personal opinions to individuals for whom they are interpreting or engage in any other activities which may be construed to constitute a service other than interpreting or translating.
10. Interpreters shall not publicly discuss, report or offer an opinion concerning a matter in which they are or have been engaged even when that information is not privileged or required by law to be confidential.
CLIN 001 - Video remote/on the Zoom (or other platform) consecutive translation.
The interpreter must be able to work with interpreting equipment/platforms remote. Prescheduling may be required up to 30 minutes before the call for testing connection and get assigned. Notification will be at least 2(two) days prior to the service with a BPA call approved.
CLIN 002 - On-Site Interpretation – Consecutive
The interpreter takes notes as a person speaking and interprets from those notes at regular intervals during the remarks English to Albanian language or vice versa. The interpreter verbally conveys the translation of the original message into the target language after the speaker has paused. Same-day interpreter scheduling might be required but generally will be a 2 (two) days prior notification with a BPA call approved.
CLIN 003 - On-Site Interpretation Simultaneous
The interpreter listens to the speaker's words and then immediately interprets the speech form English to Albanian language or vice versa, while the speaker is still speaking. This requires the interpreter to listen, comprehend, translate and reproduce a speaker message while the speaker continues to speak lagging a matter of seconds behind the speaker’s communication. Same-day interpreter scheduling might be required but generally will be a 2 (two) days prior notification with a BPA call approved.
CLIN 004 - On-Site Interpretation Whispering, The interpreter listens to the speaker's words and then immediately interprets the speech form English to Albanian language or vice versa, whispering the translation to a person or to small group of people: Same-day interpreter scheduling might be required but generally will be a 2 (two) days prior notification with a BPA call approved.
CLIN 005 – Written translation
Written translation for different documents in word documents, excel sheets and power point slide including proof-reading editing.
RATES FOR INTERPRETING SERVICES:
(to be completed)
| No. |
| Description |
| Rate in ALL |
(VAT not included) VAT in ALL (if applicable) Rate in ALL (VAT included)
| 1. |
| Video remote/on the Zoom (or other platform) consecutive translation – Hourly rate |
| 2. |
| On-Site Interpretation – Consecutive hourly rate |
| 3. |
| On-Site Interpretation – Consecutive half day rate |
| 4. |
| On-Site Interpretation – Consecutive full day rate |
| 5. |
| On-Site Interpretation – Simultaneous hourly rate |
| 6. |
| On-Site Interpretation – Simultaneous half day rate |
| 7. |
| On-Site Interpretation – Simultaneous full day rate |
| 8. |
| On-Site Interpretation – Whispering hourly rate |
| 9. |
| On-Site Interpretation – Whispering half day rate |
| 10. |
| On-Site Interpretation – Whispering full day rate |
| 11. |
| Written translation - Price/word document (Eng – Alb) |
| 12. |
| Written translation - Price/word document (Alb - Eng) |
| 13. |
| Written translation - Price/excel sheet (Eng – Alb) |
| 14. |
| Written translation - Price/excel sheet (Alb - Eng) |
| 15. |
| Written translation - Price/PPT slide (Eng – Alb) |
| 16. |
| Written translation - Price/PPT slide (Alb - Eng) |
| 17. |
| Proof-reading/page |
| 18. |
| Editing/page |
SECTION 2 - CLAUSES FOR BLANKET PURCHASE AGREEMENTS AWARDED BY OVERSEAS CONTRACTING ACTIVITIES
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS— COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2022)
(a) The BPA Holder shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553
(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).
(b) The BPA Holder shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUNE 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
(2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509)).
(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
(5) [Reserved].
(6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111- 117, section 743 of Div. C).
(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).
(8) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).
(9) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).
(10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).
(11) [Reserved].
(12) ) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) ( 15 U.S.C. 657a).
(13) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).
(14) [Reserved]
(15) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
(ii) Alternate I (MAR 2020) of 52.219-6.
(16) (i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
(ii) Alternate I (MAR 2020) of 52.219-7.
(17) 52.219-8, Utilization of Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(d)(2) and (3)).
(18) (i) 52.219-9, Small Business Subcontracting Plan (OCT 2022) ( 15 U.S.C. 637(d)(4)).
(ii) Alternate I (NOV 2016) of 52.219-9.
(iii) Alternate II (NOV 2016) of 52.219-9.
(iv) Alternate III (JUN 2020) of 52.219-9.
(v) Alternate IV (JUN 2020) of 52.219-9.
(19) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).
(ii) Alternate I (MAR 2020) of 52.219-13.
(20) 52.219-14, Limitations on Subcontracting (OCT 2022) ( 15 U.S.C. 637s).
(21) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).
(22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set- Aside (OCT 2022) ( 15 U.S.C. 657f).
(23) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 2023)(15 U.S.C. 632(a)(2)).
(ii) Alternate I (MAR 2020) of 52.219-28.
(24) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(m)).
(25) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) ( 15 U.S.C. 637(m)).
(26) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020)(15 U.S.C. 644(r)).
(27) 52.219-33, Nonmanufacturer Rule (SEP 2021) ( 15U.S.C. 637(a)(17)).
(28) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).
(29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (DEC 2022) (E.O.13126).
| (30) 52.222-21, Prohibition of Segregated Facilities (APR 2015). (31) (i) | 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246). |
| (ii) | Alternate I (FEB 1999) of 52.222-26. |
| (32) (i) | 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). |
| (ii) | Alternate I (JUL 2014) of 52.222-35. |
| (33) (i) | 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). |
| (ii) | Alternate I (JUL 2014) of 52.222-36. |
(34) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
(35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).
| (36) (i) | 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 22 U.S.C. chapter 78 and E.O. 13627). |
| (ii) | Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. |
13627).
(37) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
| (38) (i) | 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) |
| (ii) | Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not |
applicable to the acquisition of commercially available off-the-shelf items.)
(39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).
(40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).
| (41) (i) | 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514). |
| (ii) | Alternate I (OCT 2015) of 52.223-13. |
| (42) (i) | 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514). |
| (ii) | Alternate I (Jun2014) of 52.223-14. |
(43) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).
(44) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).
(ii) Alternate I (JUN 2014) of 52.223-16.
(45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).
(46) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).
(47) 52.223-21, Foams (JUN 2016) (E.O. 13693).
| (48) (i) | 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a). |
| (ii) | Alternate I (JAN 2017) of 52.224-3. |
| (49) (i) | 52.225-1, Buy American-Supplies (OCT 2022) ( 41 U.S.C. chapter 83). |
| (ii) | Alternate I (OCT 2022) of 52.225-1. |
| (50) (i) | 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC 2022) |
( 41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
(ii) Alternate I [Reserved].
(iii) Alternate II (DEC 2022) of 52.225-3.
(iv) Alternate III (JAN 2021) of 52.225-3.
(v) Alternate IV (Oct 2022) of 52.225-3.
(51) 52.225-5, Trade Agreements (DEC 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
(52) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
(53) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).
(54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
(55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).
(56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).
(57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).
(58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).
(59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) (31 U.S.C. 3332).
(60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).
(61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
(62) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
(63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).
(64) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).
(ii) Alternate I (APR 2003) of 52.247-64.
(iii) Alternate II (NOV 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.222-41, Service Contract Labor Standards (AUG 2018)(41 U.S.C. chapter67).
(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
(3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards- Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
(4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards- Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).
(5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Requirements (May 2014) (41 U.S.C. chapter 67).
(6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).
(7) 52.222-55, Minimum Wages Under Executive Order 14026 (JAN 2022).
(8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O.13706).
(9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the BPA Holder does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) ( 41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-
235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L.117-328).
(vi) 52.219-8, Utilization of Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vii) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(viii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).
(ix) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).
(x) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793).
(xi) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).
(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xiii) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter 67).
(xiv) (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (MAR 2015) of 52.222- 50 ( 22 U.S.C. chapter 78 and E.O. 13627).
(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).
(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) ( 41 U.S.C. chapter 67).
(xvii) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).
(xviii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).
(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
(xx) (A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) ( 42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxiii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
COMMERCIAL ITEMS
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This purchase order or BPA incorporates the following 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. In addition, the full text of a clause may be accessed electronically at: Acquisition.gov this address is subject to change.
If the Federal Acquisition Regulation (FAR) is not available at the location indicated above, use the Department of State Acquisition website at e-CFR to see the links to the FAR. You may also use an Internet “search engine” (for example, Google, Yahoo or Excite) to obtain the latest location of the most current FAR.
THE FOLLOWING FEDERAL ACQUISITION REGULATIONS
(48 CFR CHAPTER1) CLAUSES ARE INCORPORATED BY REFERENCE:
| CLAUSE |
| TITLE AND DATE |
| 52.204-9 |
| PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011) |
| 52.204-10 |
| REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JUN 2020) |
| 52.204-12 |
| UNIQUE ENTITY IDENTIFIER MAINTENANCE (OCT 2016) |
| 52.204-13 |
| SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018) |
| 52.222-50 |
| COMBATING TRAFFICKING IN PERSONS (NOV 2021) |
| 52.223-18 |
| ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (JUN 2020) |
| 52.225-14 |
| INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF CONTRACT (FEB 2000) |
| 52.228-4 |
| WORKERS’ COMPENSATION AND WAR-HAZARD INSURANCE OVERSEAS (APR 1984) |
| 52.229-6 |
| FOREIGN FIXED PRICE CONTRACTS (FEB 2013) |
| 52.232-24 |
| PROHIBITION OF ASSIGNMENT OF CLAIMS (JAN 2017) |
| 52.232-39 |
| UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013) |
| 52.232-40 |
| PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (MAR 2023) |
| 52.233-1 |
| DISPUTES (MAY 2014) ALTERNATE I (MAY 2014) |
| 52.237-2 |
| PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT AND VEGETATION (APR 1984) |
| 52.244-6 |
| SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JUN 2023) |
| 52.212-4 |
| CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS ALTERNATE (DEC 2022) IS INCORPORATED BY REFERENCE (SEE SF-1449, BLOCK 27B) |
ADDENDUM TO 52.212-4 NONE
DEPARTMENT OF STATE ACQUISITION REGULATION (DOSAR) CLAUSES (48 CFR CHAPTER 6):
| DOSAR | TITLE AND DATE |
| 652.225-71 | SECTION 8(A) OF THE EXPORT ADMINISTRATION ACT OF 1979 AS AMENDED, (AUG 1999) |
652.229-71 PERSONAL PROPERTY DISPOSITION AT POSTS ABROAD (AUG 1999)
652.237-72 OBSERVANCE OF LEGAL HOLIDAYS AND ADMINISTRATIVE LEAVE (FEB 2015)
652.242-70 CONTRACTING OFFICER’S REPRESENTATIVE (AUG 1999)
(b)The COR is Project Quality Control Engineer
652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999) 642.272(b)
652.243-70 NOTICES (AUG 1999) 643.104-70
THE FOLLOWING CLAUSES ARE PROVIDED IN FULL TEXT, AND ARE APPLICABLE FOR ORDERS FOR SERVICES:
CONTRACTOR IDENTIFICATION (JULY 2008)
Contract performance may require contractor personnel to attend meetings with government personnel and the public, work within government offices, and/or utilize government e-mail.
Contractor personnel must take the following actions to identify themselves as non- federal employees:
1) Use an e-mail signature block that shows name, the office being supported and company affiliation (e.g. “John Smith, Office of Human Resources, ACME Corporation Support Contractor”);
2) Clearly identify themselves and their contractor affiliation in meetings.
3) Identify their contractor affiliation in Departmental e-mail and phone listings whenever Contractor personnel are included in those listings; and
4) Contractor personnel may not utilize Department of State logos or indicia on business cards.
(End of clause)
SECTION 3 – SOLICITATION PROVISIONS
52.212-1 INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS (SEP
2021) IS INCORPORATED BY REFERENCE (SEE SF-1449, BLOCK 27A).
ADDENDUM TO 52.212-1
a. Summary of instructions.
b.
Each quotation must consist of the following:
A.1. A completed solicitation, in which the SF-1449 cover page (blocks 12, 17, 19- 24, and 30 as appropriate).
A.2. Information demonstrating the quoter’s ability to perform, including:
(1) Evidence that the quoter operates an established business with a permanent address and telephone listing in Tirana, Albania or plans to establish an office within 30 days of contract award.
(2) The offeror shall provide proof of SAM registration to include the SAM UEI number.
(3) List of clients, demonstrating prior experience with relevant past performance information and references. Five (5) relevant, professional qualifications of the vendor in the similarity of the service required in the past three years. Please include as many details as possible - performance schedules, cost and relevant details.
(4) Proven Professional experience and education level of the dedicated staff including English speaking and writing skills. CV-s of dedicated staff should be included.
(5) Evidence that the quoter has all licenses and permits required by local law (see DOSAR 652.242-73 in Section 2).
ADDENDUM TO SOLICITATION PROVISIONS
FAR AND DOSAR PROVISIONS NOT PRESCRIBED IN PART 12
52.252-1 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. In addition, the full text of a clause may be accessed electronically at Acquisition.gov this address is subject to change.
If the Federal Acquisition Regulation (FAR) is not available at the location indicated above, use the Department of State Acquisition website at e-CFR to see the links to the FAR. You may also use an Internet “search engine” (for example, Google, Yahoo or Excite) to obtain the latest location of the most current FAR.
THE FOLLOWING FEDERAL ACQUISITION REGULATION SOLICITATION PROVISION(S) IS/ARE INCORPORATED BY REFERENCE:
PROVISION TITLE AND DATE
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (JUN 2020)
52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)
52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)
52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)
THE FOLLOWING DOSAR PROVISION(S) IS/ARE PROVIDED IN FULL TEXT: 652.206-70 ADVOCATE FOR COMPETITION/OMBUDSMAN.
(a) The Department of State's Advocate for Competition is responsible for assisting industry in removing restrictive requirements from Department of State solicitations and removing barriers to full and open competition and use of commercial items. If such a solicitation is considered competitively restrictive or does not appear properly conducive to competition and commercial practices, potential offerors are encouraged first to contact the contracting officer for the solicitation. If concerns remain unresolved, contact:
(1) For solicitations issued by the Office of Acquisition Management (A/LM/AQM) or a Regional Procurement Support Office, the A/LM/AQM Advocate for Competition, at AQMCompetitionAdvocate@state.gov.
(2) For all others, the Department of State Advocate for Competition at cat@state.gov .
(b) The Department of State's Acquisition Ombudsman has been appointed to hear concerns from potential offerors and contractors during the preaward and postaward phases of this acquisition. The role of the ombudsman is not to diminish the authority of the contracting officer, the Technical Evaluation Panel or Source Evaluation Board, or the selection official. The purpose of the ombudsman is to facilitate the communication of concerns, issues, disagreements, and recommendations of interested parties to the appropriate Government personnel, and work to resolve them. When requested and appropriate, the ombudsman will maintain strict confidentiality as to the source of the concern. The ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of formal contract disputes. Interested parties are invited to contact the contracting activity ombudsman, Susan L. Unruh, Management Officer, at telephone +387(33) 704-347 or fax +387 (33) 704-429. For an American Embassy or overseas post, refer to the numbers below for the Department Acquisition Ombudsman. Concerns, issues, disagreements, and recommendations which cannot be resolved at a contracting activity level may be referred to the Department of State Acquisition Ombudsman at (703) 516-1680, by fax at (703) 875-6155, or write to: Department of State, Acquisition Ombudsman, Office of the Procurement Executive (A/OPE), Suite 603, SA-6, Washington, DC 20522-0602.
(End of provision)
SECTION 4 - EVALUATION FACTORS
The U.S. Government intends to award Blanket Purchase Agreement(s) (BPA) to those firms that are technically acceptable, responsible, and clearly intend to sell products and/or services to the U.S. Government at market prices or below.
Interested offerors need to know that the U. S. Government may award multiple BPAs. The U.S. Government will only award to the number of BPAs, the U.S. Government believes is sufficient to meet needs and regulatory competition requirements.
Specifically, the following will be reviewed:
Technical Acceptability
Technical acceptability will include a review of past performance and experience as defined in Section 3, along with any technical information provided by the quoter with its quotation.
Responsibility Determination
Responsibility will be determined by analyzing whether the apparent successful offeror complies with the requirements of FAR 9.1, including:
(1) adequate financial resources or the ability to obtain them;
(2) ability to comply with the required performance period, taking into consideration all existing commercial and governmental business commitments;
(3) satisfactory record of integrity and business ethics;
(4) necessary organization, experience, and skills or the ability to obtain them;
(5) necessary equipment and facilities or the ability to obtain them; and
(6) be otherwise qualified and eligible to receive an award under applicable laws and regulations.
SECTION 5 - REPRESENTATIONS AND CERTIFICATIONS
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021).
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services— Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision—
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".
(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.
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