RFP FA462022RA202.pdf

COMBINED SYNOPSIS/SOLICITATION

Furniture Management Section (FMS) Services

FA462022RA202

This is a combined synopsis/solicitation for commercial items prepared in accordance with (IAW) the format in Subpart 12.6 and 13.5, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

The Request for Proposal (RFP) number FA462022RA202 for 92 CES Furniture Management Services shall be used to reference any written proposal provided under this RFP.

The following solicitation document, incorporated provisions, and clauses are in effect through Federal Acquisition Circular FAC 2022-02; Effective 14 January 2022.

This acquisition is a 100% Small Business set-aside and will utilize the North American Industry Classification System (NAICS) code 493110 with a size standard of $30M and a PSC of S215. All prospective offerors must be registered in the System for Award Management (SAM) at www.sam.gov. Lack of SAM registration will make an offeror ineligible for award. The Unit Small Business Specialist is Mr. Michael Gilbert, at 509-247-4880; link to USAF Small Business, http://www.airforcesmallbiz.af.mil; link to SBA, http://sba.gov.

The purpose of this combined synopsis and solicitation is to provide Furniture Management Services at Fairchild AFB, WA in accordance with the attached Performance Work Statement (PWS). The contract CLIN structure is detailed below.

ITEM

NO

DESCRIPTION QTY (Est) UNIT AMOUNT

Option

Operate Furniture Management Section

12 MO

Is Government Purchas Card an acceptable method payment?

Y/N

AMOUNT IF GPC IS APPLIED

Non-personal services. Operate Furniture Management Section - Perform furniture management at

Fairchild AFB in accordance with the attached Performance Work Statement. Period of Performance 1 October 2022 - 30 September 2023

FFP

FOB: Destination

DESCRIPTION QTY (Est) UNIT AMOUNT (Est)

Major Repairs

1 Lot

TO BE COMPLETED BY THE

GOVERNMENT

Major Repairs includes parts over $200.00, Chlorofluorocarbon (CFC ) removal and disposal, dump fees, and mileage in accordance with the Performance Work Statement. Period of Performance 1 October 2022 - 30 September 2023

DESCRIPTION QTY (Est) UNIT AMOUNT

Option

Operate Furniture Management Section

12 MO

Is Government Purchas Card an acceptable method payment?

Y/N

AMOUNT IF GPC IS APPLIED

Non-personal services. Operate Furniture Management Section - Perform furniture management at

Fairchild AFB in accordance with the attached Performance Work Statement. Period of Performance 1 October 2023 - 30 September 2024

DESCRIPTION QTY (Est) UNIT AMOUNT (Est)

Option Major Repairs

1 Lot TO BE COMPLETED BY THE

GOVERNMENT

Major Repairs includes parts over $200.00, CFC removal and disposal, dump fees, and mileage in accordance with the Performance Work Statement. Period of Performance 1 October 2023 - 30 September 2024

DESCRIPTION QTY (Est) UNIT AMOUNT

Option

Operate Furniture Management Section

12 MO

Is Government Purchas Card an acceptable method payment?

Y/N

AMOUNT IF GPC IS APPLIED

Non-personal services. Operate Furniture Management Section - Perform furniture management at

Fairchild AFB in accordance with the attached Performance Work Statement. Period of Performance 1 October 2024 - 30 September 2025

DESCRIPTION QTY (Est) UNIT AMOUNT (Est)

Option

Major Repairs 1 Lot TO BE COMPLETED BY THE

GOVERNMENT

Major Repairs includes parts over $200.00, CFC removal and disposal, dump fees, and mileage in accordance with the Performance Work Statement. Period of Performance 1 October 2024 - 30 September 2025

DESCRIPTION QTY (Est) UNIT AMOUNT

Option

Operate Furniture Management Section

12 MO

Is Government Purchas Card an acceptable method payment?

Y/N

AMOUNT IF GPC IS APPLIED

Non-personal services. Operate Furniture Management Section - Perform furniture management at

Fairchild AFB in accordance with the attached Performance Work Statement. Period of Performance 1 October 2025 - 30 September 2026

DESCRIPTION QTY (Est) UNIT AMOUNT (Est)

Option Major Repairs

1 Lot TO BE COMPLETED BY THE

GOVERNMENT

Major Repairs includes parts over $200.00, CFC removal and disposal, dump fees, and mileage in accordance with the Performance Work Statement. Period of Performance 1 October 2025 - 30 September 2026

DESCRIPTION QTY (Est) UNIT AMOUNT

Option

Operate Furniture Management Section

12 MO

Is Government Purchas Card an acceptable method payment?

Y/N

AMOUNT IF GPC IS APPLIED

Non-personal services. Operate Furniture Management Section - Perform furniture management at

Fairchild AFB in accordance with the attached Performance Work Statement. Period of Performance 1 October 2026 - 30 September 2027

DESCRIPTION QTY (Est) UNIT AMOUNT (Est)

Option Major Repairs

1 Lot TO BE COMPLETED BY THE

GOVERNMENT

Major Repairs includes parts over $200.00, CFC removal and disposal, dump fees, and mileage in accordance with the Performance Work Statement. Period of Performance 1 October 2026 - 30 September 2027

DESCRIPTION QTY (Est) UNIT AMOUNT

Option

Operate Furniture Management Section

12 MO

Is Government Purchas Card an acceptable method payment?

Y/N

AMOUNT IF GPC IS APPLIED

Non-personal services. Operate Furniture Management Section - Perform furniture management at

Fairchild AFB in accordance with the attached Performance Work Statement. Period of Performance 1 October 2027 - 30 September 2028

DESCRIPTION QTY (Est) UNIT AMOUNT (Est)

Option Major Repairs

1 Lot TO BE COMPLETED BY THE

GOVERNMENT

Major Repairs includes parts over $200.00, CFC removal and disposal, dump fees, and mileage in accordance with the Performance Work Statement. Period of Performance 1 October 2027 - 30 September 2028

DESCRIPTION QTY (Est) UNIT AMOUNT

Option

Operate Furniture Management Section

12 MO

Is Government Purchas Card an acceptable method payment?

Y/N

AMOUNT IF GPC IS APPLIED

Non-personal services. Operate Furniture Management Section - Perform furniture management at

Fairchild AFB in accordance with the attached Performance Work Statement. Period of Performance 1 October 2028 - 30 September 2029

DESCRIPTION QTY (Est) UNIT AMOUNT (Est)

Option Major Repairs

1 Lot TO BE COMPLETED BY THE

GOVERNMENT

Major Repairs includes parts over $200.00, CFC removal and disposal, dump fees, and mileage in accordance with the Performance Work Statement. Period of Performance 1 October 2028 - 30 September 2029

DESCRIPTION QTY (Est) UNIT AMOUNT

Option

Operate Furniture Management Section

12 MO

Is Government Purchas Card an acceptable method payment?

Y/N

AMOUNT IF GPC IS APPLIED

Non-personal services. Operate Furniture Management Section - Perform furniture management at

Fairchild AFB in accordance with the attached Performance Work Statement. Period of Performance 1 October 2029 - 30 September 2030

DESCRIPTION QTY (Est) UNIT AMOUNT (Est)

Option Major Repairs

1 Lot TO BE COMPLETED BY THE

GOVERNMENT

Major Repairs includes parts over $200.00, CFC removal and disposal, dump fees, and mileage in accordance with the Performance Work Statement. Period of Performance 1 October 2029 - 30 September 2030

FFP

FOB: Destination

DESCRIPTION QTY (Est) UNIT AMOUNT

Option

Operate Furniture Management Section

12 MO

Is Government Purchas Card an acceptable method payment?

Y/N

AMOUNT IF GPC IS APPLIED

Non-personal services. Operate Furniture Management Section - Perform furniture management at

Fairchild AFB in accordance with the attached Performance Work Statement. Period of Performance 1 October 2030 - 30 September 2031

DESCRIPTION QTY (Est) UNIT AMOUNT (Est)

Option Major Repairs

1 Lot TO BE COMPLETED BY THE

GOVERNMENT

Major Repairs include parts over $200.00, CFC removal and disposal, dump fees, and mileage in accordance with the Performance Work Statement. Period of 1 October 2030 - 30 September 2031

DESCRIPTION QTY (Est) UNIT AMOUNT

Option

Operate Furniture Management Section

12 MO

Is Government Purchas Card an acceptable method payment?

Y/N

AMOUNT IF GPC IS APPLIED

Non-personal services. Operate Furniture Management Section - Perform furniture management at

Fairchild AFB in accordance with the attached Performance Work Statement. Period of Performance 1 October 2031 - 30 September 2032

DESCRIPTION QTY (Est) UNIT AMOUNT (Est)

Option Major Repairs

1 Lot TO BE COMPLETED BY THE

GOVERNMENT

Major Repairs includes parts over $200.00, CFC removal and disposal, dump fees, and mileage in accordance with the Performance Work Statement. Period of Performance 1 October 2031 - 30 September 2032

FAR Provision 52.212-1, Instruction to Offerors–Commercial Items (Nov 2021), applies to this acquisition and is incorporated by reference. As prescribed in FAR 12.301(c), the following addendum is provided for this solicitation:

Addendum FAR 52.212-1, Instructions to Offerors–Commercial Items:

NOTE: All headings in bold are referencing back to the basic provision 52.212-1.

Paragraph (a); first sentence revised: The NAICS code is 493110 and size standard of $30M.

Paragraph (b); in addition to the required information provide the following with your proposal:

Subparagraph (6); Offers response shall consist of a:

A. Price proposal, services portion only. Do NOT include pricing for Major Repair CLINS.

B. Copy of all solicitation clauses and provisions that require the offeror`s signature or input.

C. Past performance information with supporting documentation.

D. Signed copies of any and all amendments issued against the solicitation.

In addition, indicate if the Government Purchase Card (GPC) is an acceptable method of payment for all services performed under this solicitation. A line is devoted on each service CLIN of the solicitation for GPC as a method of payment. The contractor shall circle or highlight “yes” or “no” to denote if GPC is an acceptable method of payment. If GPC is acceptable the contractor shall provide pricing for both GPC and traditional (Wide Area Work Flow) payment methods. Finally, please provide any prompt payment terms, if applicable.

Firm Fixed Priced proposal: The resultant contract will be Firm Fixed Priced, accordingly, pricing is not subject to revision and/or negotiation if selected for contract award. Proposals shall include pricing for all service Line Items listed above (0001, 1001, 2001, 3001, 4001, 5001, 6001, 7001, 8001, and 9001). Unit prices for each line item shall not be carried out more than two (2) decimal places.

Subparagraph (8); All offerors must be registered and active in the System for Award Management (SAM) at https://www.sam.gov/portal/public/SAM/ at time of proposal submittal to be considered for award. Offerors must complete all necessary fill-ins and certifications in the on-line Representations and Certifications and return the provision FAR 52.212-3, Offeror Representations and Certifications – Commercial Items para (b) along with the proposal. Contractors shall complete all provisions and clauses that require fill ins and provide them with their proposal.

DUNS Number/Cage Code: /

Number of Employees/Total Yearly Revenue /

Subparagraph (9); Amendments - Offerors will acknowledge, sign, and submit all amendments to the solicitation with their proposal.

Subparagraph (10); PAST PERFORMANCE INFORMATION - All completed past performance questionnaires shall be submitted by the Past Performance Point of Contact (PP POC), upon completion, to the contracting officer and the contract specialist. Upon selection of a PP POC Offerors shall submit current contact information (Section A (a-e) and Section B (a-b) of PP Questionnaire) for a maximum of three (3) contracts for Furniture Management services to the contracting POCs listed in paragraph 2 of the PPQ. Past performance information will be submitted for your company and may be submitted for predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the current acquisition. However, subcontractor and predecessor company information will be considered only to the degree to which their work is relevant to the instant acquisition unless 13 C.F.R. 125.8(e) or 13 C.F.R. 125.2 apply.

a) To be considered recent, for a particular contract or combination of contracts, services must have been and/or are currently being performed at any time within the last three (3) years from the date of issuance of this solicitation.

b) To be considered relevant, offerors must have performed furniture management services similar to the services described in the PWS.

1. The offeror will be responsible for contacting the PP POC referenced in their proposal. The PP POCs will be requested to complete the Past Performance Questionnaire (PPQ) (Attachment 4) which must be submitted directly from PP POC to the contracting officer/specialist.

THE RESPONSIBILITY FOR PROVIDING THE QUESTIONAIRES TO THE PP POCs AND

VERIFY RECEIPT BY THE GOVERNMENT OF THE COMPLETED QUESTIONNAIRES

RESTS SOLEY WITH THE OFFEROR.

2. For each PP POC, offerors must provide the following information to the contracting officer/specialist:

Company/Division name/Contracting Agency/Customer Name, address, and email Description of service provided (to include laundered items, quantities, locations) Contract number (if applicable) Contract value Period of performance

Paragraph (c); first sentence revised as follows: The offeror agrees to hold the prices in its proposal firm for 120 calendar days from the date specified for receipt of proposals, unless another time period is specified in an addendum to the proposal.

To assure timely and equitable evaluation of the proposals, offerors must follow the instructions provided in FAR 52.212-1 and are required to meet all solicitation requirements; failure to meet a requirement may result in a proposal being ineligible for award. The government’s terms, conditions, and respective clauses contained within this solicitation are prescribed IAW the FAR, and are not subject to conditionally proposed revisions or changes requested by offerors.

Paragraph (f); Proposal must be sent as stated below, if proposals are provided by any other method, are incomplete, or missing required items the proposal may not be considered. If submitting via email, it is recommended a read/delivery receipt is attached to the email. In all cases the offeror is solely responsible for determining receipt of proposals by the government.

Paragraph (g); Interchanges: The government intends to award a contract without Interchanges with respective vendors. The government however, reserves the right to conduct Interchanges, with all, some, or none of the vendors, if deemed in its best interest.

RFP due date/time: 08 March 2022/1:00 P.M. Pacific Time

Email to: Zachery Ray at zachery.ray.2@us.af.mil AND

Brian M. Fernandez at brian.fernandez.5@us.af.mil

Mail/Hand deliver to: ATTN: Mr. Zachery Ray or Mr. Brian Fernandez 92nd Contracting Squadron 110 W Ent Street Suite 200 Fairchild AFB, WA 99011

Note: If proposals are mailed or hand delivered, an electronic version of all documents must be provided at time of submission. Beware, “.zip” files are not an acceptable format for the Air Force Network and will not go through government email systems. It is the responsibility of the contractor to verify receipt of proposals by the government.

Failure to confirm government receipt of proposals may result in elimination from competition.

Pre-proposal Conference/Site Visit at Fairchild AFB

(a) A pre-proposal conference will be conducted at Fairchild AFB on 10 February 2022 @ 12:00 PM Pacific Time for the purpose of answering questions regarding this solicitation.

(b) Provide the name of attendee (not to exceed 2 per firm) along with contact information to Mr. Brian Fernandez at brian.fernandez.5@us.af.mil 509-247-4882 NLT 08 February 2022 @ 10:00 AM Pacific Time. Do not send social security numbers via email. This information must be provided in advance in order to ensure access to the military base/conference site and adequate seating for the conference attendees. Due to security limitations for base access only U.S. citizens are allowed at the site visit.

(c) Offerors are requested to submit questions to the points of contact noted above not later than 15 February 2022 at 1:00 PM Pacific Time. Information provided at this conference shall not qualify the terms and conditions of the solicitation and specifications. Terms

FAR Provision 52.212-2, Evaluation-Commercial Products and Commercial Services (Nov 2021)

(a) Pursuant to FAR 12.602 contract award will be made using Simplified Acquisition Procedures IAW FAR 13.106 and 13.5. The government will award a contract resulting from this RFP to the responsible offeror whose proposal, conforming to the RFP, will be most advantageous to the government, price and other factors considered. The following factors shall be used to evaluate proposals:

Past Performance and Price

This evaluation will be conducted as a Subjective Trade-off; where Past Performance is Approximately Equal to Price.

(b) Options. The government will evaluate proposals for award purposes by adding the total price for all option periods to the total price for the basic requirement. The government may determine that an offer is unacceptable if the option prices are significantly unbalanced.

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the government may accept an offer (or part of an offer), whether or not there are discussions after its receipt, unless a written notice of withdrawal from the offeror is received before award.

FAR Provision 52.212-2, Evaluation-Commercial Products and Commercial Services (Nov 2021), applies to this acquisition. As prescribed in FAR 12.301(c), the following addendum is provided for this solicitation:

Addendum 52.212-2- Evaluation-Commercial Products and Commercial Services

Basis for contract award: The government seeks to award to the offeror whose proposal, conforming to the solicitation where the price is determined to be fair and reasonable and for which Past Performance has been determined to be Satisfactory or higher, and represents the best value to the government. Under a subjective evaluation process, trade-offs will be permitted between price and past performance. In order to be considered awardable, there must be a Satisfactory rating or higher for the non-price factor.

Evaluation steps:

Step 1: The government will review all proposal for compliance. A compliant proposal consists of a proposal that meets the government’s requirements identified in Addendum to 52.212-1. Proposals that are not fully compliant may result in their removal from consideration.

Step 2: Rank all acceptable proposals based upon offeror’s Total Evaluated Price (TEP) from lowest TEP to highest TEP. For offerors that provide both standard WAWF payment pricing and GPC as method of payment pricing, the lowest price offered will be used to establish TEP. In the event that equal pricing is submitted for standard WAWF payment and GPC as a method of payment, the government may factor the cost benefits of GPC as a method of payment to make a best value decision.

Step 3: Evaluate lowest price offeror’s past performance and proceed in order of price until a past performance confidence assessment rating of “Substantial Confidence” is achieved or all proposals have been evaluated. If the lowest priced offer is evaluated to have a “Substantial” performance assessment and is determined to be responsible, that offer represents the apparent best value for the government and the evaluation process stops at this point. Award will be made to that offeror without further consideration of any other proposals.

Step 4: The government will make a best value decision, considering both methods of payment along with past performance, and award to the lowest priced responsible offeror with a Satisfactory Confidence or better assessment rating. The government reserves the right to make an award to the most beneficial offer which may be other than the lowest priced acceptable offer.

Past Performance. The Past Performance evaluation is an assessment of the offeror’s ability to successfully perform the required effort. Services must have been and/or are currently being performed at any time within the last three (3) years from the date of issuance of this solicitation and;

The government will assign a relevancy rating for each recent past performance contract reference below.

Table 1. Past Performance Relevancy Ratings Method

Adjectival Rating Description

Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Somewhat Relevant

Present/past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires.

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

References will be further evaluated to determine how well the offeror performed on the prior contracts. Offerors that are rated as “Relevant or Somewhat Relevant” will be further evaluated to determine an offeror’s overall Past Performance Confidence Assessment rating. Past Performance Information includes questionnaires responses and other information as described below. This evaluation will result in an assessment of the contractor’s proposal to determine the offeror’s Past Performance Confidence Assessment see Table 2.

Table 2. Past Performance Confidence Assessment

Substantial Confidence Based on the offeror’s recent/relevant performance record, the Government has a high expectation that the offeror will successfully perform the required effort.

Satisfactory Confidence

Based on the offeror’s recent/relevant performance record, the Government has a reasonable

Neutral Confidence

No recent/relevant performance record is available or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. The offeror may not be evaluated favorably or unfavorably on the factor of past performance.

Limited Confidence Based on the offeror’s recent/relevant performance record, the Government has a low

No Confidence

Based on the offeror’s recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.

NOTE: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance information rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have unknown (or “neutral”) past performance. The offeror will have an opportunity to respond to any overall unfavorable past performance, if not previously afforded the opportunity by the government (e.g. CPARS).

Sources of Past Performance Information. In addition to the PPQs (Attachment 4) completed by the points of contact listed in the proposal, the government may also utilize data independently obtained from other government and commercial sources. These sources may include, but are not limited to, Contractor Performance Assessment Reporting System (CPARS), using all CAGE/DUNS numbers of your company, predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement or who are part of a partnership/joint venture or teaming agreement identified in the offerors proposal, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontracting Reporting System (eSRS), and any other known sources not provided by the offeror.

However, subcontractor and predecessor company information will be considered only to the degree to which their work is relevant to the instant acquisition unless 13 C.F.R. 125.8(e) or 13 C.F.R. 125.2 apply. .

NOTE: Completed questionnaires shall be emailed from PP POC to:

Mr. Zachery Ray at zachery.ray.2@us.af.mil Mr. Brian Fernandez at brian.fernandez.5@us.af.mil.

Price Evaluation. The contracting officer has determined there is a high probability of adequate price competition in this acquisition. However, if at any time during this competition, the contracting officer determines that adequate price competition no longer exists; the offeror may be required to submit information to the extent necessary for the contracting officer to determine the reasonableness and affordability of the price.

The government will evaluate prices submitted for each service CLIN including all option periods. Price for base and all option years will be added for all years to reach a TEP. The price for major repairs will be factored into the TEP by adding them into the total price at a fixed rate of $6,500.00 per year. Failure to propose on all line items will render the proposal incomplete and potentially removed from further award consideration.

For proposals that also allow for the method of payment via GPC, a line is provided on the CLIN for the contractor to submit price, as a total dollar amount ($) for that total price for that year that would be charge if GPC were to be utilized as a method of payment, if any. A GPC method of payment TEP, will be established by adding the total proposed GPC as method of payment amount for the base and all option years.

NOTE: IAW PWS Paragraph 1.2.4.2 Pricing for Major Repairs over $200.00 will be requested by the COR/CO via a Work Order each time it is needed during the performance of this requirement.

Offerors should propose their best pricing to the government for each item. Price information submitted in each offeror’s price proposal, as required by the Addendum to FAR 52.212-1, Instructions to Offerors-Commercial Items, will be evaluated to determine if proposed prices are fair and reasonable IAW FAR 13.106-3.The government will also evaluate for unbalanced pricing. If pricing for each line item is significantly unbalanced the government may determine that this pricing poses an unacceptable risk and this offeror’s proposal may be rejected.

End of Addendum

FAR clause at 52.212-4, Contract Terms and Conditions-Commercial Items (Nov 2021), applies to this acquisition with the following Addendum: Paragraph (c) of this clause is tailored as follows: Changes in the terms and conditions of this contract may be made only by written agreement of the parties with the exception of administrative changes, such as changes in the paying office, appropriations data, etc., which may be changed unilaterally by the government.

Note: The offeror acknowledges that should the proposal terms and conditions and/or agreement conflict with mandatory provisions of the Federal Acquisition Regulation (FAR) and other Federal law applicable to commercial acquisitions, to the extent of such conflict the FAR and Federal law govern and conflicting offeror terms and conditions and/or agreement are unenforceable and are not considered incorporated into any resultant contract.

PROVISIONS/CLAUSES INCORPORATED BY REFERENCE

CLAUSE NO. CLAUSE TITLE

DATE

52.203-3 Gratuities. 1984-04 52.203-6 Alt 1 Restrictions on Subcontractor Sales to the Government. 2020-06 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. 2010-10 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of 2020-06

Whistleblower Rights.

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. 2011-05 52.204-7 System for Award Management. 2018-10 52.204-13 System for Award Management Maintenance. 2018-10 52.204-16 Commercial and Government Entity Code Reporting. 2020-08 52.204-17 Ownership or Control of Offeror 2020-08 52.204-18 Commercial and Government Entity Code Maintenance. 2020-08 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services 2021-11 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services 2021-11

AND

52.216-22 Indefinite Quantity 10-1995 52.228-5 Insurance-Work 1997-01

52.232-18 Availability of Funds 1984 04 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2021-11 52.237-1 Site Visit 1984-04 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. 1984-04 52.242-13 Bankruptcy. 1995-07 252.201-7000 Contracting Officer's Representative 1991-12 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 252.203-7005 Representation Relating to Compensation of Former DoD Officials. 2011-11 252.204-7003 Control of Government Personnel Work Product. 1992-04 252.204-7004 Antiterrorism Awareness Training for Contractors. 2019-02 252.204-7006 Billing Instructions. 2005-10 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. 2016-10 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber 2016-10

252.204-7012

Incident Information.

Safeguarding Covered Defense Information and Cyber Incident Reporting.

2019-12

252.204-7015 Notice of Authorized Disclosure of Information For Litigation Support 2016-05 252.204-7016 Covered Defense Telecommunications Equipment or Services — Representation. 2019-12 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or 2021-01

252.204-7020

Services.

NIST SP 800-171 DoD Assessment Requirements.

2020-11

252.204-7021 Cybersecurity Maturity Model Certification Requirements 2020-11 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a 2019-05

252.223-7006

Country that is a State Sponsor of Terrorism.

Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials.

2014-09

252.223-7008 Prohibition of Hexavalent Chromium 2013-06 252.225-7001 Buy American and Balance of Payments Program. 2017-12 252.225-7002 Qualifying Country Sources as Subcontractors 2017-12 252.225-7012 Preference for Certain Domestic Commodities. 2017-12 252.225-7048 Export-Controlled Items. 2013-06 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native 2019-04

252.232-7003

Hawaiian Small Business Concerns.

Electronic Submission of Payment Requests and Receiving Reports.

2018-12

252.232-7009 Mandatory Payment by Government wide Commercial Purchase Card. 2018-05 252.232-7010 Levies on Contract Payments. 2006-12 252.232-7017 Accelerating Payments to Small Business Subcontractors— Prohibition on Fees and 2020-04

252.237-7010

Consideration.

Prohibition on Interrogation of Detainees by Contractor Personnel.

2013-06

252.243-7001 Pricing of Contract Modifications. 1991-12 252.243-7002 Requests for Equitable Adjustment. 2012-12 252.244-7000 Subcontracts for Commercial Items 2021-01

PROVISIONS/CLAUSES INCORPORATED BY FULL TEXT

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

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)

52.204-26 Covered Telecommunications Equipment or Services-Representation.

As prescribed in 4.2105(c), insert the following provision:

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

(c) (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.

52.209-7 Information Regarding Responsibility Matters.

As prescribed at 9.104-7(b), insert the following provision:

INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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).

52.212-3 Offeror Representations and Certifications-Commercial Items.

As prescribed in 12.301(b)(2), insert the following provision:

Offeror Representations and Certifications—Commercial Products and Commercial Services (Nov 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.

"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 veterans or, 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…