RFP_140D0423R0018.docx

To: Prospective Offerors

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

Subject: Request for Proposals (RFP) No. 140D0423R0018 – Single Award contract for Deployment and Emergency Support

Version: Original – January 25, 2023

Attachments: 1 – Performance Work Statement (PWS) 2 – Pricing Spreadsheet 3 – Questions Form 4 – HHS Subcontracting Plan Template

1. Overview

AQD is issuing this competitive RFP on behalf of the Department of Health and Human Services (HHS), Administration of Children and Families (ACF), Office of Human Services Emergency Preparedness and Response (OHSEPR). The purpose is to acquire professional, technical, and administrative support to provide incident management support to the U.S. Department of Health and Human Services (HHS), Administration for Children and Families (ACF), Office of Human Services Emergency Preparedness and Response (OHSEPR), its leadership, and OHSEPR personnel activated and deployed in support of emergency repatriation operations. AQD will conduct this acquisition using Federal Acquisition Regulation (FAR) 15.3 procedures in conjunction with the policies found under FAR 12, Acquisition of Commercial Items.

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 intends on awarding a single contract after receipt and evaluation of all proposals. It is the Government’s intent to make award to the responsible Offeror who, in conformance with the RFP, demonstrates the ability to provide the overall best value to the Government considering technical evaluation factors and price, using trade-off methodology. The Government reserves the right to cancel this solicitation without award if the needs of the requirement are not met. This RFP does not commit the Government to pay for the costs associated with the preparation and submission of a proposal.

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

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

2. Competition

This solicitation is being issued full and open utilizing the procedures of FAR Part 15. The Government will require all Other than Small Business (OTSB) Offeror’s to provide a subcontracting plan to ensure that small businesses have subcontracting opportunities and to ensure offerors meet the requirements of FAR subpart 19.7, FAR clause 52.219-9.

3. Anticipated Contract Type

The resultant contract will be a Hybrid Firm Fixed Price (FFP) / Time & Materials (T&M).

4. Period of Performance

The Period of Performance for this is five years and consists of one (1) one-year base period with four (4) 12-month option periods.

5. Questions and Proposal Deadlines

Question & Answer Period

All questions shall be submitted in writing via email to the Contracting Officers (CO) and Contract Specialist no later than 9:00am ET on February 1, 2023. Questions shall be sent via email to Steven_Bonds@ibc.doi.gov and Renada_Cooper@ibc.doi.gov with “Questions from [insert company name here] – RFP 140D0423R0018” 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 3 – Questions Form.

Deadline for Proposal Submission

The deadline for submitting a proposal in response to this RFP is February 14, 2023 at 5:00pm ET. No facsimile transmissions of the proposal will be accepted. The proposal shall be sent via email to Steven_Bonds@ibc.doi.gov and Renada_Cooper@ibc.doi.gov with “Proposal from [insert company name here] – RFP 140D0423R0018” included in the subject line.

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

Provide proposal content/submission documentation, as required below, for the Government to determine if appropriate information is provided for the offeror to pass the requirements

Overview

The proposal submission format is provided below:

Technical/Corporate Experience –

· Corporate Experience

· Personnel and Staffing 25 pages 15 pages

Technical –Key Personnel Qualification and Experience

· Resumes (No more than 3 pages each; not included in the overall page limit)

· Letters of Commitment (1 page each, not included in overall page limit) None

· Consent letters

· Past Performance Narrative

15 pages

Volume I, Section 1: General

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

A. Name of Company B. Address C. City, state, zip code D. System for Award Management (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 for this requirement expires no sooner than 120 days after submission

Volume I, Section 2: Completed SF-1449 and SF-30

The SF-1449 and SF-30 (if any) shall be fully completed and signed upon submission. The Offeror is cautioned that the SF-1449 must contain an original signature in block 30a of the form; certified electronic signatures will be accepted.

Volume I, Section 3: 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. All Offerors must be registered in SAM to receive Government contracts. 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 4: Representations and Certifications

This solicitation contains the following provisions that each Offeror must complete and return with its Phase 1 proposal (see Section 8 of this RFP for each provision in its full text):

· FAR 52.204-24 – Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

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

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

· FAR 52.212-3 – Offeror Representations and Certifications-Commercial Items (Oct 2022)

· FAR 52.227-15 – Representation of Limited Rights Data and Restricted Computer Software (Dec 2007)

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

Volume I, Section 5: Technical Assumptions

Offerors shall indicate, in this section only, if any technical-related assumptions have been made, conditions have been stipulated or exceptions have been taken with the Deployment and Emergency Support PWS, as written. If technical assumptions are not noted in this volume and this section of the proposal, it will be assumed that the Offeror’s 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-related assumptions listed in any other volume or section shall be null and void.

The Offeror is advised that any assumptions/exceptions taken to the terms and conditions of the RFP may adversely impact its evaluation. Any assumptions/exceptions that are considered unacceptable by the Government and cannot be resolved may result in the Offeror being removed from further consideration.

Volume I, Section 6: Technical Approach Understanding and Compliance with Requirement – PWS

The offeror shall provide a narrative demonstrating an understanding of all requirements in the PWS and conveys the offeror’s methodologies, techniques, and a detailed approach that enhances the likelihood of satisfactory performance and performance quality. Offerors shall submit a completed Technical Approach that describes their proposed techniques for meeting the tasks listed in Attachment 1 – PWS. This includes describing the proposed tasks and deliverables for completing each of the following: Describe the overall technical approach to meeting the requirement and supporting the tasks identified within the PWS, and

· Show the offeror’s understanding of the requirements by aligning the tasks to be accomplished with the offeror’s methodology for accomplishing the required contract performance, specifically including how the offeror proposes to satisfy performance requirements as well as the offeror’s solutions for any assessed performance challenges

· Detailed description and overall project work plan for achieving the Repatriation Deployment Support Services program objectives

Volume I, Section 7: Technical - Corporate Experience – Technical Proposal

Offerors shall submit a Technical Proposal that clearly demonstrates:

· The Offeror’s Corporate Experience for three projects performed within the last five years with at least 1 year performance completed. Two of the Corporate Experience references shall be the offeror’s direct experience as the prime contractor; the other reference may be from the prime or teaming partners.

· All three projects shall be contracts or orders for the performance of actual technical requirements. Master contract vehicles (e.g., Blanket Purchase Agreements (BPAs), Indefinite Delivery/Indefinite Quantity (IDIQ) contracts) do not satisfy the Corporate Experience requirement unless submitted together with a TO similar in size, scope, and complexity to this requirement and awarded and performed under the vehicle.

Specifically, the corporate experience shall address; Emergency response deployment activations, and Deployment of IMT, ERT, OH&S teams, medical service teams, case management teams, other mass deployments.

Volume I, Section 8: Technical – Key Personnel Qualification and Experience – Technical Proposal

Offerors shall submit qualification and experience that includes:

· Proposal shall provide detailed information regarding the key personnel who would be assigned to the project (including any proposed consultants and subcontractors). Include a description of the proposed roles and major responsibilities of key staff (i.e., Program Manager, Planning Program Manager, Cadre Manager, Occupational Health and Safety Officer).

· The proposal shall demonstrate that the key personnel have the technical qualifications and academic, professional, and technical experience to complete the functions and duties they would perform.

· The proposed personnel shall have experience and familiarity with the topical areas related to this solicitation (i.e., providing (1) program management operations support (steady-state, operational readiness), and (2) deployment and management of Emergency Response Teams (ERT), Incident Management Teams (IMT) that include Occupational Health and Safety (OH&S) personnel and Case Management personnel in support of an emergency operation.

· The proposal should clearly show the amount of time to be committed by key staff and provide documentation that the proposed staff have availability to fulfill their proposed roles over the course of the project.

· Provide resumes for Key Personnel that identified qualifications in paragraph C.4 Qualification of Key Personnel and Non-Key Personnel of the PWS.

Additionally, in assessing key personnel, the Government reserves the right to consider knowledge available within the Government regarding the experience and qualification of any of the proposed key personnel.

Letters of Commitment

Letters of commitment are required of all Key Personnel. The letter of commitment must be directed to supporting this requirement including the length of an individual’s commitment and must be signed by the individual and a corporate authorized official.

Volume II, Section 1: Past Performance Documentation

Submit past performance narrative information on contracts considered most recent and relevant in demonstrating the ability to perform the proposed requirement. Recency is defined as an action within the past three (3) years. Relevancy will be determined based on contract references reflecting past and present performance over the past three (3) years which is relevant to the tasks identified in the PWS.

A maximum of three (3) past performance references shall be submitted for contracts the Offeror has been performing within the past three (3) years.

When making the relevancy determination the definitions contained within Table below will be utilized.

Each past performance reference is limited to three (3) pages and shall include the following information:

· Several points of contact, but at a minimum shall include the Contracting Officer and/or Contracting Officer’s Representative. Any other pertinent officials that can verify performance may also be included. Information for each point of contact shall include their name, agency/company, address, phone number and email address.

· For contracts with the Federal Government, the Offeror shall indicate whether the Government has evaluated the contractor and past performance information is available through Contractors Performance Assessment Reporting System (CPARS).

· Contract title

· Contract number (and task order number when applicable)

· Contract type

· Total contract value (including base & all options)

· Project description and size information

· If the past performance reference is for a subcontractor, identify the major or critical aspects of the requirement that they will perform

· Description of the relevancy of the past performance reference to the PWS

· Did the contract include small business subcontract goals for mall disadvantaged business concerns? If so, were the goals met?

· Provide an explanation of problems, delays, cost overruns and corrective actions taken.

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 submit 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 evaluated. If there is a problem with the proposed subcontractor's past performance, the prime may be notified of a problem, but no details will be discussed without the subcontractor's permission.

Volume III, 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 4 – HHS Subcontracting Plan Template. OTSB Offerors shall subcontract, at a minimum, 30% of the Total Contract Value (TCV) to small businesses. Of that subcontracting dollar amount, the OTSB Offeror shall aim to meet or exceed the percentages shown below which represent the HHS FY2023 subcontracting goals:

Small Business: 33% Small Disadvantaged Business (including 8a, ANC): 5% Woman-Owned Small Business: 5% Hubzone: 3% Service-Disabled Veteran-Owned Small Business: 3%

Volume III, Section 2: Indices

Any Indices determined by the Offeror to be necessary for the Proposal shall be placed here for reference. Indices are not required.

Volume IV, Section 1: Price Assumptions

Offerors shall indicate, in this section only, if any price-related assumptions have been made, conditions have been stipulated or exceptions have been taken with the PWS as written. If not noted in this volume of the proposal, it will be assumed that the Offeror’s proposal reflects no price assumptions for award and agrees to comply with all of the terms and conditions set forth herein. It is not the responsibility of the Government to seek out and identify assumptions, conditions, deviations, or exceptions buried within the Offeror’s proposal. Accordingly, any price-related assumptions listed in any other volume or section shall be null and void.

The Offeror is advised that any assumptions/exceptions taken to the terms and conditions of the RFP may adversely impact its evaluation rating. Any assumptions/exceptions that are considered unacceptable by the Government and cannot be resolved may result in the Offeror being removed from further consideration.

Volume IV, Section 2: – Price

The price proposal shall be a separate volume from the technical proposal. There is no page limit on the price proposal. Proposed Labor Categories (LCATs) are subject to Service Contract Labor Standards (SCLS) and shall be appropriately annotated on the pricing spreadsheet.

· To assist Offerors in providing conforming price proposals and to promote standardization across submissions, the Government has provided a Pricing Spreadsheet (Attachment 2) that shall be used by the Offerors. The Offeror is required to submit pricing data in the format indicated in the attachment.

· Note: Offerors shall leave Attachment 2 as an Excel spreadsheet when submitting their price proposal. Offerors shall not submit locked spreadsheets. Failure to use the Excel spreadsheet as provided will be viewed as unacceptable and the Offeror will be removed from consideration for award.

· Note: District of Columbia, Washington D.C. SCLS Wage Determination #2015-4281. The Wage Determination number is subject to change depending on the Contractor’s location.

7. Basis of Award

This is a competitive, best value trade-off source selection that will be conducted in accordance with (IAW) with FAR 15. The procedures in Federal Acquisition Regulation (FAR) Part 15-Contracting by Negotiation, apply to this acquisition. Therefore, evaluations will be conducted in accordance with FAR Part 15 and 12. It is the Government’s intent to award without discussions. To arrive at a source selection decision, the Contracting Officer will perform an integrated assessment using the evaluation factors described in this solicitation. The Contracting Officer, as the Source Selection Authority (SSA) will integrate the source selection team's (SST) input, and then assess each offeror's proposal in accordance with the evaluation factors in Volume I. This may result in an award being made to the higher rated, potentially higher priced offeror(s) where the decision is consistent with the evaluation factors. If deemed in the best interest of the Government, a competitive range may be established consisting of the most highly rated proposals. The Government reserves the right to further reduce the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

8. Evaluation

The Government will evaluate all proposals received against the Instructions, Technical Factors, Past Performance, Subcontracting Plan and Price. A color/adjectival rating technique will be used to evaluate the Technical Factors. Past Performance will receive an overall confidence level rating. The Price Factor will not be given a color rating or scored. Within the Technical Approach Understanding and Compliance with Requirement Factor, all subfactors are of equal weight. The Technical Approach Understanding and Compliance with Requirement (Factor 1) is more important than Past Performance (Factor 2). The Technical Approach Understanding and Compliance with Requirement (Factor 1) and Past Performance (Factor 2) is more important than Subcontracting Plan (Factor 3). Technical Approach Understanding and Compliance with Requirement (Factor 1), Past Performance (Factor 2) and Subcontracting Plan (Factor 3), are significantly more important than Price (Factor 4). All the subfactors within the Technical Factor are of equal importance. Offerors are advised that the Government will not select a proposal for award on the basis of a superior capability without consideration of the price proposed. The following factors listed below in order of importance shall be used to evaluate proposals:

9. Evaluation Factors

Factor 1: Technical Approach-Understanding and Compliance with Requirements The proposal will be evaluated on the Offerors’ ability to:

1. Demonstrate the offeror’s overall technical approach to meeting the requirement and supporting the tasks identified within the PWS, and

2. Demonstrate the offeror’s understanding of the requirements by describing the offeror’s assessment of the tasks to be accomplished and presenting the offeror’s methodology for accomplishing the required contract performance, specifically including how the offeror proposes to satisfy performance requirements as well as the offeror’s solutions for any assessed performance challenges

3. Provide a detailed description and overall project work plan for achieving the Repatriation Deployment Support Services program objectives

4. Demonstrate how specific tasks in the PWS will be accomplished

Subfactor 1: Corporate Experience The proposal will be evaluated on the Offerors’ ability to:

1. Demonstrate offeror’s corporate experience for three projects performed within the last five years. Two of the Corporate Experience references shall be the offeror’s direct experience as the prime contractor; the other reference may be from the prime or team members.

2. Demonstrate three projects of actual technical requirements. similar in size, scope, and complexity to this requirement and awarded and performed under the vehicle. Master contract vehicles (e.g., Blanket Purchase Agreements (BPAs), Indefinite Delivery/Indefinite Quantity (IDIQ) contracts) do not satisfy the Corporate Experience requirement.

3. Demonstrate corporate experience with Emergency response deployment activations and Deployment of IMT, ERT, OH&S teams, medical service teams, case management teams, other mass deployments.

Subfactor 2: Key Personnel Qualification and Experience The proposal’s key personnel will be evaluated on the Offerors ability to:

1. Demonstrate the key personnel who would be assigned to the project (including any proposed consultants and subcontractors). Include a description of the proposed roles and major responsibilities of key staff (i.e., Program Manager, Planning Program Manager, Cadre Manager, Occupational Health and Safety Officer).

2. Demonstrate that the key personnel have the technical qualifications and academic, professional, and technical experience to complete the functions and duties they would perform.

3. Demonstrate personnel experience and familiarity with the topical areas related to this solicitation (i.e., providing (1) program management operations support (steady-state, operational readiness), and (2) deployment and management of Emergency Response Teams (ERT), Incident Management Teams (IMT) that include Occupational Health and Safety (OH&S) personnel and Case Management personnel in support of an emergency operation.

4. Demonstrate the amount of time to be committed by key staff and provide documentation that the proposed staff have availability to fulfill their proposed roles over the course of the project.

5. Resumes demonstrated qualifications identified in paragraph C.4 Qualification of Key Personnel and Non-Key Personnel of the PWS.

6. Demonstrate Letters of commitment for all Key Personnel

Table 1 – Combined Technical/Risk Rating

10. Factor 2: Past Performance

The Past Performance evaluation considers the offeror's demonstrated record of performance in providing services that meets the users' need in past performance. Past Performance evaluation shall focus on the recency and relevancy as defined in the Volume II, Section I, Instructions to Offerors, regarding how well the contractor performed or is performing the same or similar type of work under other contracts.

The Government will review all performance data obtained to determine how closely the work performed under those efforts relates to the current requirement. The performance evaluation will be based on the data gathered by past performance records and Contractor Performance Assessment Reporting System reports as available through the Past Performance Retrieval System and/or FAPIIS. The Government is not limited to these resources.

The Government will evaluate the past performance of the efforts (that meet the recency and relevancy criteria in Volume II, Section I in order to determine the Government's overall level of confidence in the offeror's ability to successfully perform the required effort. The following steps outline the evaluation process for the Past Performance Factor:

The Past Performance evaluation considers the offeror's demonstrated record of performance in providing services that meets the users' need in past performance. Past Performance evaluation shall focus on the recency and relevancy as defined in Volume II Section I, Instructions to Offerors, regarding how well the contractor performed or is performing the same or similar type of work under other contracts

Past performance will be evaluated based on the Offeror’s history of successful completion of projects/efforts of similar scope and complexity specified within the PWS; history of staying on schedule and within budget; and producing high quality deliverables. Those efforts that do not meet the recency requirements or determined to be not relevant will not be evaluated further.

Furthermore, Offerors without a minimum of one (1) relevant past performance record documenting the prime contractor’s performance will be evaluated neither favorable nor unfavorable for this factor.

The Government reserves the right to obtain information for use in the evaluation of past performance from any and all sources including sources outside of the Government. Past performance information will be utilized to determine the quality of the contractor’s past performance as it relates to the probability of success for the required effort.

Once all data has been gathered and for each effort evaluated the Government will assign a relevancy and performance rating, an overall confidence rating will be assigned for Factor 2. The confidence ratings that will be utilized by the Government are as follows:

Table 2 - Performance Confidence Assessments Rating

Performance Confidence Assessments

11. Factor 3: Subcontracting Plan

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, the minimum TCV of 30% for small business subcontracting, and the HHS FY2023 subcontracting goals. In the event no subcontracting plan is submitted, and the Offeror is an OTSB, the Offeror’s proposal will be deemed non-responsive, and the Offeror may be immediately removed from competition.

12. Factor 4: Price

Each price proposal will be evaluated for accuracy, completeness, and reasonableness. This process involves verification that prices are included for all RFP requirements and that figures are correctly calculated. The Government will conduct a comparison between the technical proposal and the price proposal to determine that the proposed price is consistent with the technical approach. The Government reserves the right to utilize any/all proposal submission information to assist in making a determination of reasonableness. If determined to be necessary, the Government reserves the right to conduct a price realism analysis.

The Total Evaluated Price for purposes of award will be determined by the total calculation identified in the submission for Attachment 2.

13. 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)

Provisions Incorporated by Full Text

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

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

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

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

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

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

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

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

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

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. 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.

(End of provision) 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.

(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.

(End of provision) 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 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.

(End of provision) 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…