R6GSAIDIQIAJOCC2021 Solicitation.pdf

GSA Solicitation No. R6GSAIDIQIAJOCC2021

March 15, , 2021 (The Solicitation Including Amendment 1 and 2 Changes) Pages 1 of 32

Region 6 Single Award Indefinite Delivery/Indefinite Quantity Job Order Construction Contracts For GSA Projects In the State of Iowa

The Solicitation

Notice to Offerors of Total Women-Owned Small Business Set-Aside

The General Services Administration (GSA) is setting aside the contract under the following clause found in the Agreement:

52.219-30, Notice of Set-Aside for Women-Owned Small Business Concerns Eligible

Under the Women-Owned Small Business Program

(The Solicitation Including Amendment 1 and 2 Changes) Pages 2 of 32

Table of Contents

I. General Information

A. The Solicitation and Contract B. List of Solicitation Documents C. Authorized Representatives

D. Pre-Proposal Conference

E. Estimated Price Range

F. FAR 52.228-1 Bid Guarantee

G. FAR 52.236-27 Site Visit - Construction

H. Receipt of Offers

II. Proposals

A. Proposal Contents

B. Proposal Format C. Price Proposal D. Technical Proposal E. Other Information to be Submitted with Proposal F. Requirements for Joint Venture Offerors

III. General Provisions

A. Availability of Funds B. Requests for Clarification or Interpretation C. Notice to Small Business Firms D. Information Concerning the Disclosure of Solicitation Results E. Affirmative Procurement Program F. Notice Concerning Preparation of Proposals G. Contractor Performance Information H. Safeguarding Documents Designated as Sensitive But Unclassified

IV. FAR/GSAR Solicitation Provision

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

B. FAR 52.204-26, Covered Telecommunications Equipment or Services-Representation C. FAR 52.209-5, Certification Regarding Responsibility Matters D. FAR 52.209-7, Information Regarding Responsibility Matters E. FAR 52.211-1, Availability of Specifications Listed in the GSA Index of Federal

Specifications, Standards and Commercial Item Descriptions, FPMR 101-29 F. FAR 52.216-1, Type Of Contract G. FAR 52.222-5, Construction Wage Rate Requirements-Secondary Site of Work H. FAR 52.222-23, Notice of Requirement for Affirmative Action to Ensure Equal

Employment Opportunity for Construction I. FAR 52.225-10, Notice of Buy American Requirement-Construction Materials J. Buy American Exceptions K. FAR 52.233-2, Service of Protest L. FAR 52.252-1, Solicitation Provisions Incorporated by Reference M. GSAR 552.102, Incorporating Provisions and Clauses by Reference N. Additional Provisions

(i) GSAR 552.236-74, Evaluation of Options

(iii) GSAR 552.236-77, Government’s Right to Exercise Options

(The Solicitation Including Amendment 1 and 2 Changes) Pages 3 of 32

V. Instructions to Offerors and Clauses A. FAR 52.215-1. Instructions to Offerors – Competitive Acquisition B. FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment C. FAR 52.222-62, Paid Sick Leave Under Executive Order 13706

VI. Method of Award

A. Evaluation of Offers B. Determination of Responsibility C. Price Reasonableness D. Unbalanced Price E. Total Evaluated Price F. Non-Price Factors G. Evaluation of Joint Venture Offers

VII. Attachments

A. Supplement to 1442 Form (Pricing) B. Project Experience and Past Performance Form C. Subcontractor Relationship Form D. Offeror Representation and Certifications

(The Solicitation Including Amendment 1 and 2 Changes) Pages 4 of 32

I. General Information

I.A. The Solicitation and Contract

(1)This Solicitation is set-aside for Women-Owned Small Businesses, in accordance with FAR

19. This Solicitation sets forth requirements for proposals for one (1) Single Award, Indefinite Delivery / Indefinite Quantity Job Order Construction Contract as described in the attached Agreement:

(1) Iowa Field Office (State of Iowa)

Proposals conforming to the Solicitation requirements will be evaluated in accordance with the Method of Award set forth herein. The Government will award the Contract to the selected Offeror, subject to the conditions set forth herein.

(2) Neither the Solicitation nor any part of an Offeror's proposal shall be part of the Contract except to the extent expressly incorporated therein by the Contracting Officer.

(3) The Offeror's proposal submitted in response to this Solicitation shall constitute a firm offer.

No contract shall be formed unless and until the Contracting Officer has countersigned the SF 1442 submitted by an Offeror, and delivered to the Contractor a copy of the SF 1442 with original signatures together with the Agreement reflecting the Offeror's proposed prices.

I.B. List of Solicitation Documents

The Solicitation Documents are comprised of:

(1) The Solicitation

(2) Standard Form (SF) 1442 & Supplement – Solicitation Offer and Award

(3) Standard Form (SF) 24 – Bid Bond

(4) Offeror Representations and Certifications Form

(5) Other Forms Required For Submission with Proposals

(6) The Agreement and Attachments to the Agreement

I.C. Authorized Representatives

The following individuals are designated as the authorized GSA representatives under this Solicitation:

(1) Contracting Officer

Name: Benjamin Smith Address: 210 Walnut Street, Des Moines, IA 50309

Telephone: 515-204.4259

Email: benjamin.smith@gsa.gov

(2) Alternate Point of Contact

Name: Daniel Talbert Address: 2300 Main Street – 7th Floor, Kansas City, Missouri 64108

Telephone:

Email:

816-527-3777 daniel.talbert@gsa.gov mailto:benjamin.smith@gsa.gov mailto:daniel.talbert@gsa.gov

(The Solicitation Including Amendment 1 and 2 Changes) Pages 5 of 32

I.D. Pre-Proposal Conference

(1) A pre-proposal conference regarding this Solicitation is scheduled as follows:

Date: April 1, 2021 Time: 1:00 PM Central Time

Location: Conference Call 1-617-675-4444 Participant Code: 1575053177888

The Pre-Proposal Conference is not mandatory and has no bearing on technical scores.

However, contractors are encouraged to attend.

I.E. Estimated Price Range

See the Agreement, paragraph I.E. Contract Values

I.F. FAR 52.228-1 Bid Guarantee (SEP 96)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds—

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the maximum value of each contract that you choose to offer on ($400,000.00 = 0.20 X $2,000,000.00 per contract).

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 7 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

I.G. FAR 52.236-27 Site Visit - Construction (FEB 95)

(1) The clauses at FAR 52.236-2, Differing Site Conditions, and FAR 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation and are in the attached Agreement. Accordingly, Offerors are urged and expected to inspect the site where the work will be performed.

(2) Site visits will be conducted by appointment only. To arrange for a site visit, contact:

Name: Benjamin Smith http://www.acquisition.gov/far/current/html/52_233_240.html#wp1113365 http://www.acquisition.gov/far/current/html/52_233_240.html#wp1113375

(The Solicitation Including Amendment 1 and 2 Changes) Pages 6 of 32

Address: 210 Walnut Street, Des Moines, IA 50309 Telephone: 515-204-4259

Email: benjamin.smith@gsa.gov

I.H. Receipt of Offers

(1) In order to be considered for award, offers conforming to the requirements of the Solicitation must be received at the following office no later than 12:00 pm local time on the following date and at the following address:

Date: April 30, 2021 Time: 12:00 P.M. Central Time

Email: benjamin.smith@gsa.gov

(2) Offers sent by commercial package delivery and hand delivery shall be deemed received as of the date and time of delivery to the office designated for receipt of offers.

(3) Offers sent by United States Mail shall be deemed timely if delivered to the address of the government installation designated for receipt of offers on or before the date established for receipt of offers.

II. Proposals

II.A. Proposal Contents

Offeror’s are required to submit a separate Price Proposal and Technical Proposal

Proposals shall consist of the following documents, completed and executed in accordance with this Solicitation:

(1) Price Proposal

(a) Standard Form 1442 & Supplement to Standard Form (SF) 1442

(b) C301 Reps and Certs

(c) Bid Guarantee, using Standard Form (SF) 24

(2) Technical Proposal See Section II.D and V. for technical proposal contents.

II.B. Proposal Format

Offerors are to submit an email with the subject line: “(CONTRACTOR NAME) PROPOSAL –

IDIQ JOCC IA”.

**ELECTRONIC SUBMISSIONS ARE MANDATORY

Electronic packages will contain two (2) pdf files as described below:

(1) Attachment Labeled “(Contractor Name) Pricing – IDIQ JOCC IA”:

(a) Standard Form 1442 & Supplement to SF 1442

(b) C301 Reps and Certs

(c) Bid Guarantee, using Standard Form 24 mailto:daniel.talbert@gsa.gov mailto:benjamin.smith@gsa.gov

(The Solicitation Including Amendment 1 and 2 Changes) Pages 7 of 32

- Include a scanned copy of the Standard Form (SF) 24 in your electronic submission.

- If necessary, submit a hard copy Standard Form (SF) 24 to the follow:

General Services Administration

Attn: Benjamin Smith 210 Walnut Street Des Moines, IA 50309

(2) Attachment Labeled “(Contractor Name) Technical – IDIQ JOCC IA”.

II.C. Price Proposal

(1) Contents

The Price Proposal shall include a fully executed SF 1442 (including supplement). Each Offeror must submit a Pricing Structure as listed in the Supplement to the Standard Form 1442 and must completely provide all information as requested on this document. The prices offered by the contractor may be negotiated during the source selection process.

(2) Qualifications, Exclusions and Conditions

If the Offeror communicates in its proposal any qualifications, exclusions, or conditions to the proposed prices not provided for in the Contract Documents, the Contracting Officer may reject the proposal and exclude the Offeror from further discussions.

II.D. Technical Proposal

The Technical Proposal shall include the information requested below.

A. STAFFING

1. QUALIFICATIONS OF KEY PERSONNEL

Maximum Score = 10 (2 individuals x 5 points) Standard Score = 6 (2 individuals x 3 points)

DESCRIPTION: This factor considers the experience, education, knowledge, and expertise required for the position he/she is to be assigned for this contract. Key personnel are defined as the Contract or Project Manager and On-Site Supervisor.

Offeror shall provide written qualifications and professional references for one (1) Contract/Project Manager and one (1) On-Site Supervisor who will be assigned to this contract.

Standard for Evaluation: The standard is “met” when:

Contract/Project Manager and On-Site Supervisor must have performed on three (3) “Similar” projects within the last three (3) years.

Contract/Project Manager and On-Site Supervisor must have a minimum of three

(3) years of experience in the position he/she will fill under this contract.

Each of the key individuals identified has the appropriate education, knowledge, and expertise required for the position he/she is to be assigned for this contract.

(The Solicitation Including Amendment 1 and 2 Changes) Pages 8 of 32

Offeror can demonstrate that a minimum of one of the key individuals identified has contract authority and has a history of consistently and successfully responding to the customer within 24 hours of being contacted.

The qualifications and assigned duties of each key individual are clearly described in the proposal, and the Offeror has indicated these individuals are readily available for the contract work and will be assigned to and performing work under the subject contract for the life of the contract unless a substitute is approved by the Contracting Officer.

The term “Similar” projects shall be defined for evaluation purposes as renovation of occupied, multi-story, commercial/government office property type facilities that collectively (the three projects submitted) include 1) carpentry, 2) electrical, 3) plumbing, 4) HVAC, 5) flooring, 6) asphalt or concrete, and 7) painting or wall covering work as a part of the project scope. Award amount of the similar projects should be between $2,000 and $250,000.

Procedure for Evaluation:

The Offerors shall provide personnel qualification data and professional references for the key individuals submitted. References provided by the Offeror may be contacted by the SSEB. This evaluation will consist of evaluating the Offeror’s written responses and references contacted.

THE QUALIFICATIONS OF THE KEY PERSONNEL SHALL NOT EXCEED FOUR

(4) PAGES TOTAL. PAGES BEYOND THE LIMIT WILL NOT BE EVALUATED.

(FORM NOT PROVIDED)

2. SUBCONTRACTOR RELATIONSHIPS

Maximum Score = 15 (3 subcontracts x 5 points) Standard Score = 9 (3 subcontracts x 3 points)

DESCRIPTION: This factor ensures that each offeror, throughout the life of the contract and resulting task orders, will have adequate and responsive personnel in response to the Government’s project requirements.

For this factor, the offeror shall demonstrate working relationships with subcontractors in the respective geographic area. Offerors are required to submit one (1) form for three (3) different subcontractors that the offeror has executed agreements with within the last three (3) years. (Complete one form for each subcontract). Collectively the three (3) subcontractor relationships submitted must include at least three (3) of the following seven (7) trades:

Carpentry Painting/Wall Covering Electrical Plumbing

HVAC

Flooring Concrete/Asphalt

(The Solicitation Including Amendment 1 and 2 Changes) Pages 9 of 32

The offeror has completed all sections of the attached form (Complete one form for each subcontract) for three (3) different subcontractors that the offeror has executed agreements with within the last three (3) years. Collectively the three

(3) subcontractor relationships submitted include at least three (3) of the seven

(7) trades listed above and are with subcontractors that have an office within the geographic area that your proposal is targeted for (see Solicitation I.A.1). Additionally, if contacted, subcontractor points of contact confirm a satisfactory working relationship.

Offeror’s response will be evaluated for demonstrating an ability to maintain successful subcontractor relations in multiple trades. Subcontractors provided by the Offeror may be contacted by the SSEB. This evaluation will consist of evaluating the Offeror’s written responses and references contacted.

DESCRIPTION OF EACH SUBCONTRACTOR RELATIONSHIP SHALL NOT EXCEED ONE

(1) PAGE. PAGES BEYOND THE LIMIT WILL NOT BE EVALUATED.

(SUBCONTRACTOR RELATIONSHIPS FORM PROVIDED)

EXECUTED SUB CONTRACT AGREEMENTS DO NOT COUNT AGAINST THE ONE (1)

PAGE LIMIT

3. SELF-PERFORMED WORK REQUIREMENT

Maximum Score = 5 points Standard Score = 3 points

DESCRIPTION: This factor ensures that each offeror, over the life of the contract, has a plan to meet the requirements of FAR 52.219-14.

For this factor, the offeror shall demonstrate how it’s staffing and experience will ensure compliance with FAR 52.219-14.

● The offeror has provided detailed information as it relates to its staffing structure by trades and its record of self-performed work as a percentage of the cost of its contracts, not including the cost of materials.

● Offeror’s response will be evaluated for thoroughness and evidence of their ability to satisfy the contract requirements.

SUBMITTAL FOR THIS FACTOR IS NOT TO EXCEED ONE (1) PAGE TOTAL. PAGES

BEYOND THE LIMIT WILL NOT BE EVALUATED.

B. QUALIFICATIONS OF THE FIRM

Maximum Score = 20 (3 projects x 5 points and 1 contract x 5 points)

(The Solicitation Including Amendment 1 and 2 Changes) Pages 10 of 32

Standard Score = 12 (3 projects x 3 points and 1 contract x 3 points)

1. PROJECT EXPERIENCE AND PAST PERFORMANCE

DESCRIPTION: This factor considers the “Quality” of the Offeror’s past performance on three (3) projects completed within the last three (3) years in carrying out work of a “Similar” nature with reference to such considerations as timeliness, owner/tenant satisfaction, and contract compliance.

The Offeror is responsible for demonstrating how projects they deem “Similar” are in-fact comparable in size, scope, and complexity. The Offeror is responsible for demonstrating how projects they deem “Quality” were in-fact delivered in a timely manner, within established budgets, and to the customer’s satisfaction.

The term “Quality” for evaluation purposes is defined as meeting or exceeding the customer’s requirements as set forth in the construction contract documents, (i.e., drawings and specifications) in a timely manner and within established budgets. It is also evidenced by receiving satisfactory references from the interviews, in which those interviewed are willing to contract with the Offeror again.

The term “Similar” projects shall be defined for evaluation purposes as renovation of occupied, multi-story, commercial/government office property type facilities that collectively (the three projects submitted) include 1) carpentry, 2) electrical, 3) plumbing,

4) HVAC, 5) flooring, 6) asphalt or concrete, and 7) painting or wall covering work as a part of the project scope. Award amount of the three (3) similar projects should be between $2,000 and $250,000.

Standard for evaluation: The standard is “met” when:

● Submitted projects were “Similar” and completed in a “Quality” manner within the last three (3) years as evidenced by the Offeror’s written response and references contacted.

Procedure for evaluation:

● Offeror’s projects will be evaluated for “Similarity” and “Quality” performance of the contract requirements. The Offerors shall provide project data and references for the project submitted. References provided by the Offeror may be contacted by the SSEB. This evaluation will consist of evaluating the offeror’s written response to the RFP and any references contacted. Review projects submitted and use judgment to evaluate: Was project size, scope, and complexity highly similar to GSA’s proposed project?

Did the Offeror submit sufficient written information to make this determination? If contacted, do the references confirm the role the Offeror’s performed on the project?

THE SUBMISSION FOR THE THREE (3) PROJECTS SHALL NOT EXCEED 1 PAGE

EACH. PAGES BEYOND THE LIMIT WILL NOT BE EVALUATED.

(PROJECT EXPERIENCE AND PAST PERFORMANCE FORM PROVIDED)

2. CONTRACT EXPERIENCE AND PAST PERFORMANCE

(The Solicitation Including Amendment 1 and 2 Changes) Pages 11 of 32

DESCRIPTION: This factor considers the “Quality” of the Offeror’s past performance on one (1) “Similar” contract with reference to such considerations as timeliness, owner/tenant satisfaction, and contract compliance.

Offeror shall submit a detailed description of one (1) contract for evaluation. Contract shall be identified by the Offeror as being “Similar” (as defined below) in contract type, size, scope, and complexity to the requirements provided in the specifications. Contract shall be identified as being completed in a “Quality” (as defined below) manner. The Offeror is responsible for demonstrating how the contract they deem “Similar” is in-fact comparable in type, size, scope, and complexity. The Offeror is responsible for demonstrating how the contract they deem “Quality” was in-fact delivered in a timely manner, in accordance with established pricing, and to the customer’s satisfaction.

The term “Similar” shall be defined for evaluation purposes as a Multiple Year, Single Contractor Award, Indefinite Delivery Indefinite Quantity equivalent (IDIQ equivalent - the timing and number of orders to be issued are unknown) type of Construction contract, where price for work items is pre-established at the time of initial contract award, as follows:

The term “Quality” for evaluation purposes is defined as meeting or exceeding the customer’s requirements as set forth in the contract documents in a timely manner and in accordance with established pricing. It is also evidenced by receiving satisfactory references from the interviews, in which those interviewed are willing to contract with the Offeror again.

Standard for evaluation: The standard is “met” when:

● Submitted contract was “Similar” and completed in a “Quality” manner as evidenced by the Offeror’s written response and references contacted (3 points).

● Offeror’s contract will be evaluated for “Similarity” and “Quality” performance of the contract requirements. The Offerors shall provide contract data and references for the contract submitted. References provided by the Offeror may be contacted by the SSEB. This evaluation will consist of evaluating the Offeror’s written response to the RFP and any references contacted. Review contract submitted and use judgment to evaluate: Was the contract type, size, scope, and complexity highly similar to GSA’s proposed contract? Did the Offeror submit sufficient written information to make this determination? If contacted, do the references confirm the role the Offeror performed on the project?

THE SUBMISSION FOR CONTRACT EXPERIENCE SHALL NOT EXCEED 1 PAGE.

PAGES BEYOND THE LIMIT WILL NOT BE EVALUATED.

(CONTRACT EXPERIENCE AND PAST PERFORMANCE FORM PROVIDED).

C. MANAGEMENT AND TECHNICAL APPROACH

Maximum Score = 10 (2 elements x 5 points) Standard Score = 6 (2 elements x 3 points)

(The Solicitation Including Amendment 1 and 2 Changes) Pages 12 of 32

DESCRIPTION: This factor considers the Offeror’s Management and Technical Approach to successfully performing under the solicited Contract. Use of this single award, indefinite delivery, indefinite quantity job order contract is for the primary purpose of realizing efficiencies on small (less than Simplified Acquisition Threshold) orders. As a result, the Government expects timely and quality delivery of order requirements under the fair and reasonable pricing schedule that is awarded.

Offeror shall demonstrate their approach for controlling quality, responding to new orders, managing and completing multiple projects at once and in accordance with contract and task order requirements, and their approach for on-site staffing of this Indefinite Delivery Indefinite Quantity (IDIQ) contract and any/all of the delivery order jobs issued against the IDIQ contract.

Standard for evaluation: The standard is “met” when offer demonstrates their success and ability in:

Ensuring quality (3 points):

Supervision, periodic inspections, punchlist, etc.;

Bidding, managing and completing projects in accordance with contract and task order requirements (3 points):

Demonstrate how your company will be able to respond timely, responsibly (including observation of site conditions);

On-site staffing;

Communication (e.g coordinating with GSA throughout all points of the project, maintaining and communicating the project schedule, etc.);

Controlling cost and budget (e.g. proposals, modifications, negotiations, etc.);

Meeting contract submittal and documentation requirements;

Timely closeout of projects, including punch-list and warranty items;

Offeror’s response will be evaluated for thoroughness and evidence of their ability to satisfy the contract requirements.

THE SUBMITTAL FOR THIS FACTOR SHALL NOT EXCEED 2 PAGES. PAGES

BEYOND THE LIMIT WILL NOT BE EVALUATED.

II.E. Other Information to Submit with Proposal

(1) Representations and Certifications

Offerors submitting a proposal 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. Offerors shall also submit with their proposal, the Annual Representations and Certifications (FAR 52.204-8), using the attached Offeror’s Representations and Certifications (C301).

https://www.sam.gov/

(The Solicitation Including Amendment 1 and 2 Changes) Pages 13 of 32

II.F. Requirements for Joint Venture Offerors

(1) All offers submitted by joint ventures must include a copy of an executed joint venture agreement (with original signatures) which fully discloses the legal identity of each member of the joint venture, the relationship between the members, the form of ownership of each member, and any limitations on liability or authority for each member.

(2) An authorized representative of each member of the joint venture must sign the SF 1442 accompanying an offer regardless of any agency relationship established between the members.

(3) In the case of corporations that are joint venture members, the corporation secretary must certify that the corporation is authorized to participate in the joint venture, either by so certifying in the joint venture agreement, or by submitting a separate certification to the Government. The joint venture must also provide a certificate that identifies a principal representative of the joint venture with full authority to bind the joint venture.

(4) Representations and certifications, financial information, and past performance information must be submitted for each member of the joint venture.

III. General Provisions

III.A. Availability of Funds

Issuance of this Solicitation does not warrant that funds are presently available for award of a Contract. Award of the contract shall be subject to the availability of appropriated funds, and the Government shall incur no obligation under this Solicitation in advance of such time as funds are made available to the Contracting Officer for the purpose of contract award.

III.B. 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 offers, but does not warrant that all such requests will be answered within 15 calendar days. Prospective Offerors should make such requests not less than 15 calendar days prior to the date set for receipt of offers.

III.C. Notice to Small Business Firms

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.

III.D. Information Concerning the Disclosure of Solicitation Results

This acquisition is being conducted under the provisions of FAR Part 15 as a negotiated procurement. In accordance with FAR 3.104 and FAR 15.207, after receipt of proposals, no information regarding the identity of those submitting offers, the number of offers received, or the information contained in such offers will be made available until after award except as provided by FAR 15.503.

III.E. Affirmative Procurement Program

GSA has implemented an Affirmative Procurement Program (APP) intended to maximize the use of recovered materials, environmentally preferable, and bio-based products. Offerors should http://www.sba.gov/

(The Solicitation Including Amendment 1 and 2 Changes) Pages 14 of 32 familiarize themselves with the requirements for using and reporting on the use of such materials in performance as set forth in the Agreement. Refer to clauses FAR 52.204-4 requiring double sided printing on recycled paper for all reports and FAR 52.223-10 encouraging vendors to practice waste reduction.

III.F. Notice Concerning Preparation of Proposals

Offerors are cautioned to carefully read the entire Solicitation and the Agreement to be included in the Contract contemplated by the Solicitation in order to be fully aware of all requirements and clauses in the contemplated Contract. Verify that all blanks requiring information to be supplied in an Offer have been properly filled out, that all pricing and other numerical data is accurately calculated, and that all copies of the Offer contain the same information.

III.G. Contractor Performance Information

(1) Evaluating Contractor Performance: The General Services Administration is using the Contractor Performance Assessment Reporting System (CPARS) module as the secure, confidential, information management tool to facilitate the performance evaluation process.

CPARS enables a comprehensive evaluation by capturing comments from both GSA and the contractor. The website for CPARS is http://www.cpars.gov. Completed CPARS evaluations are sent to the Past Performance Information Retrieval System (PPIRS) which may then be used by Federal acquisition community for use in making source selection decisions. PPIRS assists acquisition officials by serving as the single source for contractor past performance data.

(2) CPARS Registration: Each award requiring an evaluation must be registered in CPARS.

The contractor will receive several automated emails. Within thirty days of award, the contractor will receive an e-mail that contains user account information, as well as the applicable contract and order number(s) assigned. Contractors will be granted one user account to access all evaluations.

(3) Contractor CPARS Training: Contractors may sign up for CPARS training. A schedule of classes will be posted to the CPARS training site (http://www.cpars.gov/allapps/cpcbtdlf.htm) and updated as needed.

a. Contractor Representative (CR) Role: All evaluations will be sent the Contractor Representative (CR) named on your award. The CR will be able to access CPARS to review and comment on the evaluation. If your CR is not already in the CPARS system, the contracting officer will request the name and email address of the person that will be responsible for the CR role on your award.

Once an evaluation is ready to be released the CR will receive an email alerting them the evaluation is ready for their review and comment. The email will indicate the time frame the CR has to respond to the evaluation; however, the CR may return the evaluation earlier than this date. GSA shall provide for review at a level above the contracting officer (i.e., contracting director) to consider any disagreement between GSA and the contractor regarding GSA’s evaluation of the contractor. Based on the review, the individual at a level above the contracting officer will issue the ultimate conclusion on the performance evaluation. Copies of the evaluations, contractor responses, and review comments, if any, will be retained as part of the contract file.

III.H. Safeguarding Documents Designated as Sensitive But Unclassified http://www.cpars.gov/ http://www.cpars.gov/allapps/cpcbtdlf.htm

(The Solicitation Including Amendment 1 and 2 Changes) Pages 15 of 32

Certain information contained in the Solicitation Documents may have been designated as Sensitive but Unclassified (SBU) building information. With respect to such information, Offerors shall agree to the terms for receipt of such information, as set forth in the provision “Administrative Matters” in Section III of the Agreement, as a condition of receipt of such information.

IV. FAR/GSAR Solicitation Provisions

IV.A. FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (OCT 2020)

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

(a) Definitions. As used in this provision—

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

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

(i) Prohibit the head of an executive 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

(The Solicitation Including Amendment 1 and 2 Changes) Pages 16 of 32 of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

Nothing in the prohibition shall be construed to—

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

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

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

(d) Representation. The Offeror represents that—

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

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

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services.

The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

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

(i) For covered equipment—

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

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

and item description, as applicable); and

(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—

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(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.

IV.B. FAR 52.204-26, Covered Telecommunications Equipment or Services- Representation (OCT 2020)

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

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

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

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it □ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

IV.C. FAR 52.209-5, Certification Regarding Responsibility Matters (AUG 2020)

(a) (1) The Offeror certifies, to the best of its knowledge and belief, that—

(i) The Offeror and/or any of its Principals–

(A) Are □ are not □ presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have □ have not □, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are □ are not □ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

(D) Have □, have not □, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104- 5(a)(2) for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further https://www.acquisition.gov/far/52.209-7#FAR_52_209_7 https://www.acquisition.gov/far/9.104-5#FAR_9_104_5 https://www.acquisition.gov/far/9.104-5#FAR_9_104_5

(The Solicitation Including Amendment 1 and 2 Changes) Pages 19 of 32 appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has □ has not □, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) "Principal," for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment;

and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

IV.D. FAR 52.209-7, Information Regarding Responsibility Matters (OCT 2018)

(a) Definitions. As used in this provision—

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

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

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

and

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

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager;

plant manager; head of a division or business segment; and similar positions).

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if…