RFQ - 70CMSW22Q00000004 Final.pdf

Date: 02 February 2022

To: Eligible 8(a) Business Concerns under NAICS 561210 – Facilities Support Services

From: Department of Homeland Security, U.S. Immigration and Customs Enforcement

Subject: Request for Quote (RFQ) 70CMSW22Q00000004, Operations and Maintenance Services at the Honolulu, HI Institutional Removal Program (IRP)

The Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE) is issuing this RFQ to solicit for the purpose of awarding a competitive 8(a) Task Order in accordance with the Federal Acquisition Regulation (FAR) Subparts 12.1 and 19.805.

The purpose of this requirement is to provide for services related to managing and maintaining all the facility’s equipment and infrastructure, including preventative maintenance, routine, and general maintenance and repairs. On-call emergency repair for the Operations and Maintenance (O&M), and repairs of the facilities. All related services located within the property line, including but not limited to custodial, grounds maintenance, solid waste removal, pest control, recycling program, vertical transportation, obtaining air quality control permits, hazardous and medical waste removal, telephone communications/programming, surveillance systems, welding, water testing. The Contractor shall adhere to the requirements under Section 9 of the Performance Work Statement (PWS) – Publications and Cited Standards.

The Honolulu Institutional Removal Program (IRP) Facility is located at 595 Ala Moana Blvd, Honolulu, Hawaii, and consists of approximately 3 acres. There are three building assets totaling 30,520 gross square feet (GSF), and surface parking for 75 vehicles.

Building #1- Administration Building – 21,330 SF

Building #2 – Garage 4,800 SF

Building #3- Lounging Shed – 4,390 SF

70CMSW22Q00000004

The Government intends to award one (1) Hybrid Purchase Order with both Firm Fixed Price (FFP) and Time and Materials (T&M) Line Items. A Base Year with the estimated start date of 03/18/2022 and ending 03/17/2023. The award will also include four (4) Options (12 months each, which may be unilaterally exercised by the Government) for a total of five (5) years. This requirement will be awarded under the Small Business Administration’s 8(a) program

Please submit your response in accordance with the following instructions.

RFQ DUE DATE

The due date for responses to this RFQ is 03/04/2022, and shall be submitted by email on or before 3:00pm Eastern Time. Contractors need to provide quotes in two (2) separate parts:

Technical Quote (Part 1) and Past Performance and Pricing (Part 2). The Quote submission shall be marked with the solicitation number RFQ: 70CMSW22Q00000004 - Hawaii Operations and Maintenance Services and emailed to the individuals listed below:

Robert V. Roberts, Contracting Officer - Robert.V.Roberts @ice.dhs.gov Daniel Correia, Contracts Specialist – Daniel.M.Correia@ice.dhs.gov

If you have questions regarding this requirement, please submit your inquiries immediately via email but no later than 02/21/2022, 12:00pm Eastern Time to the individuals listed above.

SITE VISIT

The Site visit will be conducted at The Honolulu Institutional Removal Program (IRP) Facility located at 595 Ala Moana Blvd, Honolulu, Hawaii on 02/14/2022. The purpose for the site visit will be to tour the facility, site visit attendance is not mandatory in order to be eligible to submit a quote. The site visit will commence promptly at 9:00 am Local Time. Recommend arrival 30 minutes prior to the scheduled Site Visit. Note: Government escort will not be available for late arrivals. Interested Contractors must contact Mr. Jonathan Orloski via email at jonathan.orloski@ice.dhs.gov no later than 1:00 pm on 02/10/2022 to receive the appropriate documentation for access to the facility for each attendee. It is the attendee’s responsibility to ensure that the proper documentation has been received by Mr. Orloski and access has been granted. The Government is not responsible if an attendee is not granted access to the facility. Attendees must arrive with the official photo-identification on the date of the site visit. The photo-identification is a requirement and anyone without proper identification will not be given access into the facility. Due to space and security, each contractor is limited to three (3) attendees from their firm and/or partnering firm and/or team.

INSTRUCTIONS, CONDITIONS AND NOTICE

ASSUMPTIONS, CONDITIONS, OR EXCEPTIONS

The contractor must submit, under separate cover, all (if any) assumptions, conditions, or exceptions with any of the Terms and Conditions of this solicitation including the Performance Work Statement (PWS). If not noted in this section of your quote, it will be assumed that the mailto:Francis.D.Sierra%20@ice.dhs.gov mailto:Daniel.M.Correia@ice.dhs.gov mailto:jonathan.orloski@ice.dhs.gov contractor has no assumptions conditions, or exceptions, and agrees to comply with all of the Terms and Conditions as set forth herein.

GENERAL INSTRUCTIONS

The contractor must demonstrate their technical capability to satisfactorily perform the effort.

The Government will focus on the Contractor’s technical approach to perform the full scope of work in accordance with the Performance Work Statement – Attachment 1, and pertinent attachments and exhibits.

FORMAT

The Quote contents are to be separated and submitted via email into three (3) parts (Factor I:

Technical, Factor II: Past Performance and Factor III: Price), each as a standalone document.

1) A cover sheet identifying the contents to include the following:

1) Contractor Name

2) Complete business mailing address

3) Solicitation number 70CMSW22Q00000004

4) SAM Registered Unique Entity Identifier (UEI) Number or UEI Data

Universal Number System (DUNS)

5) North American Industrial Classification System (NAICS) Code

6) Authorized Point of Contact (POC) name, email address and telephone number

2) Table of Contents with a Matrix (Table) which cross references the quotes paragraphs to the Performance Work Statements Sections, and Instructions to Contractors as cited within the RFQ. Times New Roman 12-point font; 1” margins; single spaced; 8-1/2” x 11” paper.

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FACTOR 1: TECHNICAL

Sub-Factor 1: Technical Capability and Approach Sub-Factor 2: Personnel, Resumes, and Staffing Matrix Sub-Factor 3: Organization and Management Plans

Subfactor 1: not to exceed 25 pages Subfactor 2: not to exceed three pages per individual Subfactor 3: no limit

FACTOR 2:

PAST PERFORMANCE

Return RFQ Attachment 4 – Past Performance Questionnaire

FACTOR 3:

PRICE

Return RFQ Attachment 3 – Pricing Schedule

Factor I: Technical

No price information shall be included in the technical quote. The Government will award an Open Market Purchase Order resulting from this solicitation to the responsible Contractor whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Technical quotes shall not contain any classified information. This volume will be the basis for assessing the contractor’s capability to understand and perform the requirements described in the PWS.

The following Sub-Factors shall be used to evaluate the technical quotes:

Sub-Factor 1 – Technical Capability and Approach

The contractor’s technical quote will be evaluated to determine whether it demonstrates a thorough understanding of and a technical capability to satisfy requirements of the solicitation, and applies corporate processes, procedures, approaches, and tools to successfully execute tasks outlined in the PWS Sections cited below:

• PWS Section 5.16: Work Orders

• PWS Section 6.1 Maintenance Standards

• PWS Section 6.3 Air Distribution Equipment

• PWS Section 6.13 Integrated Pest Management Program

• PWS Section 7.6: Standard Janitorial Services and PWS Section 7.7 Exterior

Janitorial Services

• PWS Section 7.8 Grounds Maintenance

Sub-Factor 2: Personnel, Resumes, and Staffing Matrix

The Government will evaluate the contractors’ proposed Key Personnel, their resumes and associated Staffing Matrix for the work to be performed cited within the PWS Section 1.2.1 Contractor Key Personnel.

This section shall include written detailed information as described below:

Required Experience and Individual Resumes: Contractors shall submit a written copy of resumes as for all personnel intended to meet the key positions identified in the PWS as “Qualifications of Key Personnel” that will be working under this award. The resumes shall detail current (within the past 3 years) relevant professional and personal experiences not to exceed 3 pages demonstrating ability to complete the specific PWS tasks.

Note: The CO must be immediately notified in writing of any changes in proposed key personnel (illustrated below) up to the date of award.

A Staffing Matrix shall be included in the Contractor’s quote. The Staffing Level Matrix shall summarize how the entire workforce (key or non-key) will be employed to meet all of the requirements as cited in the solicitation.

Sub-Factor 3: Organization and Management Plans

Demonstrate an understanding of the requirement and the resources required to be successful by submitting the following Deliverables (plans are not included in the page limit. Transition Plan, draft Quality Control Plan, and draft Facility Tours Plan.

Transition Plan

Provide a written transition plan addressing the Phase-In Period and Phase-Out Period which shall be submitted in accordance with PWS Section 8.2. The plan will be evaluated to determine if the contractor clearly demonstrates an understanding of the resources required to ensure a seamless transition.

The plan shall clearly explain the following elements:

• The contractor’s work and oncoming staffing schedule for the transition phase. This schedule must describe on a weekly basis the work to be accomplished and the staff to be on boarded

• Describe through an action plan how the contractor plans to inspect the condition of all equipment and systems and perform the equipment inventory

• How the contractor plans to create and maintain the preventative maintenance schedule in CMMS and how they will enter the maintenance data for each piece of equipment where needed

Draft Quality Control Plan

Provide a quality control plan (to be finalized 30 calendar days after contract performance start date). The plan will be evaluated to determine if the contractor clearly demonstrates an understanding of the Quality Control resources required to ensure successful project completion.

The plan shall clearly explain the following elements:

• The contractor’s methods, frequencies, documentation, and remedies for ensuring that work performed is of the highest quality

• The procedures for correcting problems and addressing quality assurance findings by the Government

• Focusing on the facility specific conditions, describing the Contractor’s overall approach to service calls and preventive maintenance/inspection schedules, roles, and responsibilities as it relates to quality control.

Draft Facility Tour Plan

Provide a draft Facility Tour plan as required under PWS Section 5.14 (to be finalized 30 calendar days after contract performance start date). The plan will establish periodic tours to proactively identify and remedy any issues. The plan will focus on major building systems, equipment, tanks, and anything requiring tours mandated by any acts, codes or regulations as contained in this PWS Section 9 – Publications and Cited Standards.

The plan shall clearly explain the following elements:

• Establish tour frequencies are outlined in PWS Section 5.14.3

• Articulate the methodologies in completing facility tours inclusive of analytical decision making intended to optimize operations based on real time performance data

• Provide draft operating log and tour check sheets as detailed in PWS Section 5.14.5

QUOTE DELIVERABLES:

Deliverable PWS Reference Subfactor Reference Staffing Matrix & Resumes Paragraph 1.2.1 Factor 1, Subfactor 2 Transition Plan Paragraph 8.2 Factor 1, Subfactor 3 Draft Quality Control Plan Paragraph 1.3 Factor 1, Subfactor 3 Facility Tour Plan Paragraph 5.14 Factor 1, Subfactor 3

Factor 2: Past Performance No Technical or Price information shall be included with Past Performance.

The contractor shall provide three complete reference listings with a brief description of its previous or on-going federal, state or local Government contracts and private/commercial contracts performed by them during the current or past three years which are similar in nature and relevant to the efforts required by this solicitation.

A Past Performance Questionnaire is provided as RFQ Attachment 4 Past Performance Questionnaire; contractors shall complete Section I, and then forward a copy of the entire questionnaire to the cognizant Government agency and/or private firm for each contract listing provided above. Contractors with no relevant past performance history shall state “No Past Performance History Available”. Any questionnaires submitted by other than the cognizant Government agency or private firm will not be considered in response to this RFQ. The contractor shall advise the reporting Government agency or private firm that: (a) the completed questionnaire is to be considered source selection sensitive in accordance with FAR 2.101 and 3.104; and (b) the completed questionnaire ONLY shall be returned via email to the point of contact cited above.

(a) The Government may use any Government database or other available database that may provide further information on the contractor's past performance.

(b) The Government reserves the right to utilize other sources of past performance information. The contractor may be given the opportunity to discuss negative past performance information obtained from the questionnaire or other sources of past performance information. However, names of individuals providing the referenced information shall not be disclosed.

(c) In cases where a contractor has no previous past performance, the contractor will receive a neutral rating and will not be evaluated either favorably or unfavorably.

Past performance information may be obtained through the past performance information requested in quote instructions above; Contractor Performance Assessment Rating System (CPARS); similar systems of other government departments and agencies; interviews with program managers and contracting officer; and/or other sources known to the government, including commercial sources. Contractors are reminded that while the Government may elect to consider data obtained from other sources than requested. The Government does not expect a contractor's past and present performance to be perfect. However, the Government does seek contractors that demonstrate the ability to isolate past and present problems down to a root cause and to take systemic improvement management actions to resolve the root cause of the problems.

Contractors are reminded that both independent data (such as information obtained from Government databases) and data provided by contractors in their past performance quote may be used to evaluate past performance. It is incumbent upon the contractor to explain the relevance of all data provided. The information obtained will be used for both the responsibility determination and the tradeoff decision.

The Government does not assume the duty to search for data to cure problems within the past performance information. The burden of providing thorough and complete past performance data remains with the contractors; past performance quotes that do not contain the information required by the RFQ risk rejection or a high-risk rating by the Government.

Factor 3 Price

For award purposes, the Firm-Fixed Price (FFP) quote will be evaluated by reviewing the completed RFP Attachment 3 - Pricing Schedule. Contractors are required to return the completed Pricing Schedule as an excel spreadsheet. Information on each tab/worksheet may be used by the Government to better understand the total evaluated price.

The Transition period will be Time and Materials (Not to Exceed) and contractors are requested to provide a breakout of anticipated pricing on the worksheet entitled Transition Worksheet.

It is anticipated that there will be adequate price competition. The Government intends to make a price reasonableness determination based on comparative analysis of price proposals received. The Independent Government Cost Estimate (IGCE) may be utilized in making the reasonableness determination.

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers or quotations for award purposes by adding the total price for all options to the total price for the basic requirement to determine the total evaluated price. This includes options under FAR clause 52.217-8, Option to Extend Services, which applies to this solicitation. Evaluation of options will not obligate the Government to exercise the option(s).

The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement.” To account for the option periods possible under 52.217-8 (maximum of six months), Options to Extend Services, the Government will evaluate the option to extend services by adding six months of the offeror’s final option period price to the offeror’s total price. This amount will be the total evaluated price. The Government may choose to exercise the Option to Extend Services at the end of any performance period (base or option periods).

Prices for the base and option periods, including the 6-month option available under FAR 52.217-8, will be evaluated to ensure that they are fair and reasonable for performance of the requirements established in the solicitation and as proposed in the technical submission. The price for the effort associated with FAR 52.217-8 will not be included in the total awarded value at contract award. If, at the end of the contract’s/order’s period of performance (the end of the base period or any option period) and within the time-period established in the clause, the Government chooses to exercise this option, the pricing will be pursuant to the rates specified in the contract for the preceding performance period.

NOTE: Line Item Price for the last Option Period CLINS will also be evaluated for the use of extending the Contract beyond initial requirement(s), if applicable, IAW FAR Part 17 and Clause 52.217-8 Option to Extend Services (Nov 1999).

EVALUATION FOR AWARD

Quote will be reviewed and evaluated in accordance with the evaluation criteria identified above within the three Factors of evaluation: Factor I: Technical; Factor II: Past Performance and Factor III: Price.

(a) Evaluation will be based on how well the quote addresses a contractor’s processes, methodologies, approaches and concepts to fulfill the solicitation requirements. The quote must demonstrate to the government’s satisfaction that the contractor will provide an overall program that will be successful, and the proposed approach will be reviewed in its entirety for its feasibility to execute the requirement of the contract. Quote information that was provided for one Factor might be used to assess other factors if the government deems it appropriate.

(b) Statements which do not clearly reveal the Contractor’s proposed approach might be judged unacceptable. Statements or phrases such as, “Best Commercial Practices,” “standard procedures will be used,” or “well-known techniques will be employed,” if used without definition, may be judged unacceptable.

Factor 1: Technical and associated Sub-Factors will be evaluated using the following definitions:

Excellent The quote exceeds requirements in a manner beneficial to the Government and demonstrates an exceptional understanding of the goals and objectives of the acquisition. One or more strengths exist and there are no weaknesses present.

Good The quote meets all minimum requirements and demonstrates a comprehensive understanding of the goals and objectives of the acquisition. One or more strengths exist, and the strength(s) outweigh any weaknesses present.

Acceptable The quote meets all minimum requirements and demonstrates an acceptable understanding of the goals and objectives of the acquisition. The quote offers no additional benefits beyond the stated requirements and no significant weaknesses exist.

Marginal The quote demonstrates a fair understanding of the goals and objectives of the acquisition but fails to meet all minimum requirements. Weaknesses outweigh any strengths that exist. Some revision(s) are required for minimum acceptability.

Unacceptable The quote fails to demonstrate an understanding of the goals and objectives of the acquisition and fails to meet all minimum requirements. The quote has one or more significant weaknesses or a deficiency that will be very difficult and/or impossible to correct. Major revision(s) are required for minimum acceptability. The proposal is unawardable.

Strengths – An aspect of a contractor's quote that has merit or exceeds specified performance or capability requirements in a way that was advantageous to the Government during contract performance. Strengths are typically high-quality personnel, facilities, organizational structures and/or technical approaches that cause the Vendor to perform the work more cost effectively or at a higher level of quality.

Weaknesses – A flaw in the quote that increases the risk of unsuccessful contract performance.

Significant Weakness - A flaw that appreciably increases the risk of unsuccessful contract performance.

Deficiencies – A material failure of a quote to meet a Government requirement or a combination of significant weaknesses in a quote that increases the risk of unsuccessful contract performance to an unacceptable level.

Factor 2: Past Performance Factor will be evaluated as follows:

Excellent Based on the contractor’s past performance record, performance met contractual requirements and exceeds many to the Government’s benefit. It is highly likely that the contractor will successfully perform the required effort.

Good Based on the contractor’s past performance record, performance met contractual requirements and exceeds some to the Government’s benefit. It is likely that the contractor will successfully perform the required effort.

Acceptable Based on the contractor’s past performance record, performance met contractual requirements. It is likely that the contractor will successfully perform the required effort.

Marginal Based on the contractor’s past performance record, performance did not meet some contractual requirements.

It is not likely that the contractor will successfully perform the required effort.

Unacceptable Based on the contractor’s past performance record, performance did not meet most contractual requirements and recovery was not accomplished in a timely manner. It is not likely that the contractor will successfully perform the required effort.

If no relevant performance record is identifiable upon which to base a meaningful performance rating a Neutral Rating will be assigned. This is neither a negative or positive assessment.

PERIOD OF PERFORMANCE

The resulting award will have a Base Period beginning on 03/18/2022 and ending 03/17/2023. The award will also include four (4), twelve (12) month option periods, which may be unilaterally exercised by the Government.

BASIS FOR CONTRACT AWARD

The Government intends to award a Purchase Order to the contractor whose quote represents the best value to the Government, price and other factors considered utilizing a trade-off analysis.

“Other factors” shall include all those evaluation factors set forth below.

The Evaluation will be based on how well the quote addresses a contractor’s processes, methodologies, approaches and concepts to fulfill the solicitation requirements. The evaluation team will accomplish this task through a review of all three Factors and subfactors to include the quote deliverables outlined above on page 6.

The Technical factor is more important than the Past Performance Factor. The Past Performance factor is more important than the Price factor. The Technical factor and Past Performance factor when combined are significantly more important than the Price factor. The sub-factors (Sub Factor 1 – Technical Capability and Approach. Sub Factor 2 - Personnel, Resumes, and Staffing Matrix and Sub Factor 3 - Organization and Management Plans are of equal importance.

Within the Technical Factor, all Sub-Factors are of equal importance. If a Sub-Factor is assessed as Marginal or Unacceptable, the Technical Factor may also be rated as Marginal or Unacceptable depending upon the severity of the evaluated weakness, significant weakness or deficiency under that Sub-Factor. The Government will not average or balance Marginal or Unacceptable Sub-factor ratings with higher rated Sub-Factor ratings but will use a subjective analysis based on factual data to determine the Technical Factor rating.

ANNUAL PERFORMANCE EVALUATION

For all task order awards valued at a total of $250,000 or more including base and all options, the Government is required to evaluate the Contractor’s performance annually using an online tool known as Contractor Performance Assessment and Reporting System (CPARS). Before final posting of evaluation to CPARS, the Contractor will have the opportunity to review and comment on the Government’s evaluation.

Clauses (FAR, HSAR, DHS and ICE specific)

PROVISIONS INCORPORATED BY REFERENCE

52.212-1 – Instruction to Offerors – Commercial Items (Nov 2021)

PROVISION INCORPORATED IN FULL TEXT:

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

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

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— https://www.acquisition.gov/far/part-4#FAR_4_2105 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_25

(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.

https://www.sam.gov/

(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 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)

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations- Representation.

As prescribed in 9.108-5(a), insert the following provision:

Prohibition on Contracting with Inverted Domestic Corporations-Representation (Nov 2015)

(a) Definitions. "Inverted domestic corporation" and "subsidiary" have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that-

(1) It □ is, □ is not an inverted domestic corporation; and

(2) It □ is, □ is not a subsidiary of an inverted domestic corporation.

(End of provision)

52.209-5 Certification Regarding Responsibility Matters.

As prescribed in 9.104-7(a), insert the following provision:

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)

52.209-7 Information Regarding Responsibility Matters.

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

Information Regarding Responsibility Matters (Oct 2018)

(a) Definitions. As used in this provision— Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings).

This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

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

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

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

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

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

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

52.209-11 – Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services.

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.

(a) Definitions. As used in this provision—

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

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

Forced or indentured child labor means all work or service—

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

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

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

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following:

ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

https://www.acquisition.gov/far/part-12#FAR_12_301 https://www.sam.gov/

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…