RFP_140D0422R0035.pdf

United States Department of the Interior

INTERIOR BUSINESS CENTER

Washington, DC 20240

To: Prospective Offerors

From: Acquisition Services Directorate (AQD), Interior Business Center (IBC), Department of the

Interior (DOI)

Subject: Request for Proposals (RFP) No. 140D0422R0035 – Multiple Award Indefinite Delivery, Indefinite Quantity (MA-IDIQ) contract for Influx Care Facility (ICF) and Wrap Around Services for Unaccompanied Children.

Version: Base – July 14, 2022

Attachments: 1. IDIQ Performance Work Statement

2. Sample Task Order PWS(s)

a. Direct Care

b. Facility Management

c. ICF & Wrap Around Services

3. Price Proposal Spreadsheet

4. Questions & Answers (Q&A) Form

5. Past Performance Questionnaire

6. HHS Subcontracting Plan Template

1. Overview

AQD is issuing this competitive RFP on behalf of the Department of Health and Human Services (HHS), Administration for Children and Families (ACF), Office of Refugee Resettlement (ORR). The purpose is to solicit contractors in order to establish a MA-IDIQ contract for HHS/ACR/ORR’s requirement for a full spectrum of Influx Care Facilities (ICF) and related support, including facilities management and direct care services for Unaccompanied Children (UC) in the care and custody of ORR. AQD will conduct this acquisition using Federal Acquisition Regulation (FAR) 15.3 source selection procedures in conjunction with the policies found under FAR 12, Acquisition of Commercial Products and Commercial Services.

AQD is a Federal Franchise Fund Contracting Office that operates under the authority of the Government Management Reform Act, as amended. AQD provides contracting support to all Federal Agencies and the Department of Defense. AQD Procurement will handle the solicitation, award, contract administration, and invoice payments for this requirement.

AQD anticipates awarding a MA-IDIQ after receipt and evaluation of all proposals. It is the Government’s intent to make award to the responsible Offerors who, in conformance with the RFP, demonstrate the ability to provide the overall best value to the Government considering technical factors and price, using the trade-off methodology.

The Government reserves the right to cancel this solicitation without award if the needs of the requirements are not met. This RFP does not commit the Government to pay for the costs associated with the preparation and submission of a proposal.

While a task order will not be awarded concurrently with the IDIQ, a sample task order is included in this solicitation as a method of evaluating cost to the Government through a representative sample of the type of work anticipated under the IDIQ. The ultimate number and frequency of task orders will be determined by the Government.

Any response that is non-compliant with any requested submission requirements of this RFP may be removed from further consideration.

NAICS Codes:

R499 Support-Professional: Other (Primary) S216 Housekeeping – Facilities Operation Support R401 Support-Professional: Personal Care

PSC Code:

561210 – Facility Support Services (Primary) 623990 – Other Residential Care Facilities

Offerors interested in this acquisition may participate by submitting responses in accordance with the following instructions.

2. Competition

This solicitation is being issued to both small and other than small businesses using full and open contracting procedures.

3. Anticipated Contract Type

Task orders issued under the IDIQ may be Firm-Fixed Price (FFP), Time and Materials (T&M), Labor-Hour (L- H), or a combination thereof, and will be determined at the task order level.

4. Period of Performance

The Period of Performance for this IDIQ will be 10-years and consist of one (1) 5-year base period with five (5) 12-month option periods. The period of performance for each task order will be determined at the order level but will not extend more than five years past the expiration date of the IDIQ.

5. Questions and Proposal Deadlines

Question & Answer Period

All questions shall be submitted in writing via email to the Contracting Officer (CO) and Contract Specialist no later than 9:00am ET on July 21, 2022. Questions shall be sent via email to gabriella_jones@ibc.doi.gov and alicia_barger@ibc.doi.gov with “Questions from [insert company name here] – RFP 140D0422R0035” included in the subject line. The Government reserves the right to not address all questions. Responses will be provided as an attachment to a subsequent RFP amendment.

When submitting questions, Offerors shall use Attachment 1 – Q&A Form.

Deadline for Proposal Submission

The deadline for submitting a proposal in response to this RFP is August 15, 2022 at 5:00pm ET. No facsimile transmissions of the proposal will be accepted. The proposal shall be sent via email to gabriella_jones@ibc.doi.gov and alicia_barger@ibc.doi.gov with “Proposal from [insert company name here]

– RFP 140D0422R0035” included in the subject line.

mailto:gabriella_jones@ibc.doi.gov mailto:alicia_barger@ibc.doi.gov mailto:gabriella_jones@ibc.doi.gov

Please note that it is the Offeror’s responsibility to ensure/verify the Government receives its submission on or before the deadline. The Government reserves the right to not accept any late proposals for any reason, including those related to any technical difficulties.

6. Proposal Content / Submission Requirements

The proposal submission format is provided below:

Volume Section Page Limit Volume 1: General Section 1: General None

Section 2: SAM Registration None Section 3: Completed FAR Provisions

None

Volume 2: Technical Section 1: Technical Assumptions None Section 2: Approach to the IDIQ 30 pages Section 3: Sample Order Approach(es)

20 pages per Sample Order Approach

Volume 3: Past Performance Section 1: Past Performance 3 Pages Per Reference, max. three

(3) references (or three completed Past Performance Questionnaires)

Volume 4: Subcontracting Section 1: Completed Subcontract Plan

None

Volume 5: Price Section 1: Price Assumptions and Narrative

None

Section 2: Price Proposal Spreadsheet

None

VOLUME 1: GENERAL

Volume 1, Section 1: General

This section shall include a cover sheet. This cover sheet shall include the information listed below in letters A – Q:

a) Name of Company

b) Address

c) City, state, zip code

d) SAM Unique Entity Identifier (UEI)

e) Taxpayer Identification Number (TIN)

f) Socioeconomic status

g) Point of contact (primary and alternate)

h) Telephone number

i) Email address

j) Solicitation number

k) Date of proposal

l) Name of any subcontractors and their socioeconomic status, if applicable

m) Prompt payment terms

n) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation

o) Names and contact information of persons authorized to negotiate on the company’s behalf

p) A statement that the proposal expires no sooner than 120 days after submission

q) Acknowledgement of receipt of all RFP amendments (if any issued)

Volume I, Section 2: SAM Registration

This section shall include evidence of the Offeror’s current System of Award Management (SAM) database registration (http://www.sam.gov). A screenshot of the Offeror’s SAM registration page is acceptable evidence. An active SAM registration is required at the time of proposal submission, at the time of award, and through final payment under any awarded task order. If an Offeror’s SAM account will expire before the award date, it is the Offeror’s responsibility to ensure that its account is active at time of award.

Volume I, Section 3: Completed FAR Provisions

This solicitation contains the following provisions that each Offeror must complete and return with its proposal (see Section 8 of this RFP for each provision in its full text):

• FAR 52.209-7 – Information Regarding Responsibility Matters (Oct 2018)

• FAR 52.212-3 – Offeror Representations and Certifications-Commercial Items (Jan 2021)

• FAR 52.229-11 – Tax on Certain Foreign Procurements-Notice and Representation (Jun 2020)

VOLUME 2: TECHNICAL

Volume 2, Section 1: Technical Assumptions The Offeror shall indicate, in this section only, if any technical assumptions have been made, conditions have been stipulated, or exceptions have been taken with the PWS or RFP, as written. If technical assumptions are not noted in this section, it will be assumed that the proposal reflects no technical assumptions for award and the Offeror agrees to comply with all of the terms and conditions set forth herein. Any technical assumptions listed in any other volume or section shall be null and void. The Offeror is advised that any exception taken may adversely impact its evaluation. Additionally, any technical assumptions that are considered unacceptable by the government and cannot be resolved may result in the Offeror being removed from further consideration. The Offeror is advised that any technical assumptions/exceptions taken to the terms and conditions of the RFP may adversely impact its proposal evaluation.

Volume 2, Section 2: Approach to the IDIQ In the Approach to the IDIQ section, the proposal shall include:

• A discussion on the Offeror’s ability to meet mission critical deployment schedules.

• A discussion on the Offeror’s ability to identify potential influx sites and qualified personnel.

• A discussion on the currency, quality, and depth of the Offeror’s Corporate Experience with respect to similar work as specified in the PWS

Volume 2, Section 3: Approach(es) to the Sample Order(s) Offerors shall submit Sample Order Approaches for each Task Area they wish to receive an award (Facilities Management, Direct Care, ICF & Wrap Around Services). In the Approach(es) to the Sample Order(s) section, the proposal shall include the following for each approach:

• A demonstration of the Offeror’s capability to meet the requirements of the applicable Sample PWS.

VOLUME 3: PAST PERFORMANCE

http://www.sam.gov/

Section 1: Past Performance The Offeror shall have up to three past performance references submit completed PPQs (Attachment 5) directly to the Contracting Officer by the submission deadline. References shall reflect work of similar size, scope, and complexity performed within the last three (3) years.

The Offeror shall submit consent letters executed by each subcontractor, teaming partner, and/or joint venture partner, authorizing the release of past performance information so the Offeror can respond to such information.

Past performance information is proprietary source selection information. The Government will only discuss past performance information directly with the entity or person that is being reviewed. If there is a problem with the proposed subcontractor's past performance, the prime can be notified of a problem, but no details will be discussed without the subcontractor's permission.

VOLUME 4: SUBCONTRACTING

Section 1: Subcontracting Plan OTSB Offerors shall submit a small business subcontracting plan with their proposal in accordance with FAR

19.7 and the clause 52.219-9. If an OTSB Offeror does not include a subcontracting plan, the Offeror’s proposal will be deemed non-responsive. The submission of a subcontracting plan shall follow the instructions found in Attachment 3 – HHS Subcontracting Plan Template. Of that subcontracting dollar amount, the OTSB Offeror shall meet or exceed the percentages shown below which represent the HHS FY2022 subcontracting goals:

Small Business: 22.85% Small Disadvantaged Business (including 8(a), ANC): 13.05% Woman-Owned Small Business: 5% Hubzone: 3% Service-Disabled Veteran-Owned Small Business: 3%

Final Subcontracting Plans will be incorporated in the Offeror’s award and will be monitored and evaluated at the order-level.

VOLUME 5: PRICE

Volume 5, Section 1: Price Assumptions and Narrative The Offeror shall indicate, in this section only, if any price assumptions have been made, conditions have been stipulated, or exceptions have been taken with the PWS or RFP, as written. If price assumptions are not noted in this section, it will be assumed that the proposal reflects price technical assumptions for award and the Offeror agrees to comply with all of the terms and conditions set forth herein. Any price assumptions listed in any other volume or section shall be null and void. The Offeror is advised that any exception taken may adversely impact its evaluation. Additionally, any price assumptions that are considered unacceptable by the government and cannot be resolved may result in the Offeror being removed from further consideration. The Offeror is advised that any price assumptions/exceptions taken to the terms and conditions of the RFP may adversely impact its proposal evaluation.

The Offeror may also include a narrative to complement their price proposal spreadsheet submission.

Volume 5, Section 2: Price Proposal Spreadsheet

a. The Government has provided a Price Proposal Spreadsheet (Attachment 3) that shall be used by the offeror. The Price Proposal Spreadsheet shall be submitted as an Excel spreadsheet. The submitted spreadsheet shall not be locked.

b. The Pricing Spreadsheet has several different tabs to capture the different elements of the Offeror’s proposal:

i. Labor Rates by Category

ii. Sample Order Pricing – Direct Care

iii. Sample Order Pricing – Facilities Management

iv. Sample Order Pricing – ICF + Wrap Around Services

The labor rates provided will be evaluated and incorporated in the Offeror’s Award. The Sample Order pricing will be used for evaluation purposes only and shall utilize the rates, and any applicable discounts, listed in the Labor Rates Sheet. See the instructions tab in the Price Proposal Spreadsheet for more information.

c. The proposal shall denote using an asterisk (or similar) on the Price Proposal Sheet any labor categories that may be subject to the Service Contract Labor Statute.

7. Evaluation

Basis of Award for IDIQ

It is the Government’s intent to award a MA-IDIQ using the source selection procedures found in FAR 15.3, in conjunction with the policies found under FAR 12, to the responsible Offeror whose proposal, in conforming to the RFP, provides the overall best value to the Government considering technical factors and price.

The Contracting Officer, as the source selection authority, will utilize a best value trade-off methodology where non-price factors, when combined, are significantly more important than price.

The evaluation factors are listed below in order of importance:

1. Technical Approach

2. Subcontracting

3. Past Performance

4. Price

The Government reserves the right to validate the accuracy of statements being made in the proposals. The Technical Evaluation Committee (TEC) reserves the right to revise its technical consensus of a proposal based on information within the Price Volume when the TEC determines that content within the Price Volume will have an impact on the technical evaluation factors or sub-factors.

Evaluation Factors

Factor 1 – Technical Approach

The Government will evaluate Volume 2 of the Offeror’s Proposal for the extent:

• The Offeror demonstrates their ability to meet mission critical deployment schedules.

• The Offeror demonstrates their ability to identify potential influx sites and qualified personnel.

• The Offeror’s Corporate Experience demonstrates currency, quality, and depth with respect to similar work as specified in the PWS.

• The Offeror’s Sample Order Approach(es) demonstrate the capability to meet the requirements of the applicable Sample PWS.

Adjectival Ratings Definitions

Outstanding

Proposal demonstrates an excellent understanding of the requirements and an approach that significantly exceeds performance or capability standards. Proposal has multiple strengths that will significantly benefit the Government.

Good

Proposal demonstrates a good understanding of the requirements and an approach that exceeds performance or capability standards and contains one or more strengths that will benefit the Government.

Acceptable

Proposal demonstrates an understanding of the requirements and an approach that meets performance or capability standards. Proposal presents an acceptable solution with little or no strengths.

Unacceptable

Proposal fails to meet requirements and one or more deficiencies exist for which correction would require a major revision or redirection of the proposal. A contract cannot be awarded with this proposal.

Factor 2 – Subcontracting The Government will evaluate the Other than Small Business (OTSB) Offeror’s subcontracting plan and the extent to which it meets the requirements of FAR subpart 19.7, FAR clause 52.219-9, and the HHS FY2022 subcontracting goals.

Adjectival Ratings Definitions

Outstanding

The Offeror is either, 1) a Small Business that demonstrated acceptable evidence they are considered small under the primary NAICS, or

2) an OTSB that submitted a Subcontracting Plan that meets the FY2022 HHS Subcontracting Goals

Acceptable The Offeror is an OTSB that submitted a Subcontracting Plan, did not meet the FY2022 HHS Subcontracting Goals, but provided rationale for not meeting the goals that was deemed sufficient.

Unacceptable

The Offeror is an OTSB that, 1) did not submit a Subcontracting Plan, or

2) submitted a Subcontracting Plan that did not meet the FY2022 HHS Subcontracting Goals with no further explanation, or

3) submitted a Subcontracting Plan that did not meet the FY2022 HHS Subcontracting Goals and the rationale provided for not meeting the stated goals was deemed insufficient.

Factor 3 – Past Performance

Past performance information is one indicator of an Offeror’s ability to perform the contract successfully. This evaluation is subjective and will be based on information obtained from the PPQs as well as information obtained by other sources known to the Government, including CPARS. For the purpose of this evaluation the term “Offeror” is inclusive of the prime and subcontractors for which past performance will be evaluated. Only work performed within five years of the proposal due date will be considered recent for this solicitation. Any work determined to be outside this five-year window will not be evaluated further.

The Government will consider the relevancy and quality of the Offeror’s past performance to assess the risk of unsuccessful contract performance. As a result, an overall risk rating will be determined for each Offeror.

STEP 1 – Relevancy Each reference will be evaluated for relevancy based on the scope and magnitude of effort and complexities of the work performed and how it compares to the services specified in the IDIQ SOO.

Rating Definition Very Relevant Performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

Relevant Performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Somewhat Relevant Performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires.

Not Relevant Performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

STEP 2 – Quality To determine how well the Offeror has performed in the past, the Government is using information provided by references in the PPQs as well as information obtained by other sources known to the Government (e.g. CPARS).

Offerors will have an opportunity to respond to adverse past performance information for which they have not previously had an opportunity to respond.

Each reference will be evaluated for the overall quality of the performance.

Excellent The contractor has performed successfully and greatly exceeded expectations under the contract.

Good The contactor has performed successfully under the contract.

None No record of performance or performance is inconclusive.

Marginal The contractor has some unsuccessful performance under the contract.

Poor The contractor has performed unsuccessfully under the contract.

STEP 3 - Risk Rating After considering the relevancy and the quality of the Offeror’s past performance, an overall risk rating will be determined for each Offeror. The risk rating is an assessment of the overall risk of unsuccessful contract performance based on the past performance of the Offeror. The more relevant the references are to the current acquisition, the more significant the reference becomes and the more weight it is given in determining the risk rating. The Government will consider the type and amount of work to be performed by the prime and major or critical subcontractors to determine the significance of their past performance information when determining the risk rating. In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available or is inconclusive, the Offeror will not be evaluated favorably or unfavorably on past performance.

Very Low Performance Risk Based on the Offeror’s performance record, no doubt exists that the Offeror will successfully perform the required effort

Low Performance Risk Based on the Offeror’s performance record, minimal doubt exists that the Offeror will successfully perform the required effort.

Moderate Performance Risk Based on the Offeror’s performance record, doubt exists that the Offeror will successfully perform the required effort. Normal contractor emphasis should preclude any problems.

High Performance Risk Based on the Offeror’s performance record, substantial doubt exists that the Offeror will successfully perform the required effort.

Unknown Performance Risk No performance record is identifiable, past performance is not relevant to the required effort, or the past performance information is inconclusive.

Factor 4 – Price

Each price proposal will be evaluated for accuracy, completeness, and reasonableness, in accordance with FAR 15.4. A determination of “price reasonableness” will be based on the Government’s evaluation of each element listed in the Offeror’s price proposal. The Government reserves the right to utilize any/all proposal submission information to assist in making a determination of reasonableness.

8. Guaranteed Order Minimum

The guaranteed minimum order under the subsequent MA-IDIQ is $2,500.00.

9. Solicitation Provisions and Clauses

FAR 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at these addresses:

Federal Acquisition Regulation (FAR): https://www.acquisition.gov/far Department of the Interior Acquisition Regulation (DIAR): https://www.acquisition.gov/diar Health and Human Services Acquisition Regulation (HHSAR): https://www.acquisition.gov/hhsar

(End of provision)

FAR Provision Title Date 52.204-7 System for Award Management Oct 2018 52.204-16 Commercial and Government Entity Code Reporting Aug 2020 52.204-22 Alternative Line Item Proposal Jan 2017 52.207-6 Solicitation of Offers from Small Business Concerns and Small

Business Teaming Arrangements or Joint Ventures (Multiple-Award Contracts)

Oct 2016

52.212-1 Instructions to Offerors – Commercial Items Jun 2020 52.216-31 Time-and-Materials/Labor-Hour Proposal Requirements – Commercial

Item Acquisition Feb 2007

52.217-5 Evaluation of Options July 1990

DIAR Provision Title Date 1452.215-71 Use and Disclosure of Proposal Information – Department of the

Interior Apr 1984

HHSAR Provision Title Date 352.239-73 Electronic Information and Technology Accessibility Notice Dec 2015

Provisions Incorporated by Full Text

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.

https://www.acquisition.gov/hhsar

(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. 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—

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

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

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

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

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

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

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

(c) (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.

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.

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

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

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

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

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

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

FAR 52.212-3 – Offeror Representations and Certifications-Commercial Items (Feb 2021)

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

(a) Definitions. As used in this provision—

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

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

Forced or indentured child labor means all work or service—

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

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

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

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

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

395(c).

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

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

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

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

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

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

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

Sensitive technology—

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

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

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

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

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

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

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

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

Small business concern—

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

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

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

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

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

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

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

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

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

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

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

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror

Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

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

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

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

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it □ is, □ is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR124.1002.

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

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-

(i) It □ is, □ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture:

__________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-

(i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture.