RFQ and PWS Yerba Buena Island Appraisal 2020 06 25 .pdf

Road Realignment Improvements, Forest Road, and Hillcrest Road Widening and Bicycle/ Pedestrian Path Projects Appraisal

Parcel 1-A, 1-B, 1-C and 4

Totaling 6.4 acres

US Government-owned property

Yerba Buena Island

San Francisco, CA

GSA Control Number: CA-1726-AA

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

SOLICITATION NUMBER: 47PB0020Q0013

PROJECT NAME: R9 Yerba Buena Island Appraisal: Parcel 1-A, 1-B, 1-C and 4

GSA DIVISION: R9 Real Property Utilization & Disposal Division (9PZ)

SERVICE: Property Valuation and Appraisal, GSA Case #: CA-1726-AA

LOCATION: Yerba Buena Island, San Francisco, California

PERIOD OF PERFORMANCE: 90 days from award

ISSUE DATE: Thursday, June 25, 2020

QUOTE RECEIPT DATE & TIME: Tuesday, July 15, 2020 – 4:00 PM Pacific Time

QUESTIONS: Tuesday, July 7, 2020 – 4:00 Pacific Time.

https://www.acquisition.gov/content/subpart-126-streamlined-procedures-evaluation-and-solicitation-commercial-items#i1112616

Contents

SECTION A: PERFORMANCE WORK STATEMENT (PWS)

SECTION B: ADMINISTRATIVE MATTERS

SECTION C: CONTRACT DOCUMENTS, EXHIBITS & ATTACHMENTS

SECTION D: REQUEST FOR PROPOSAL INSTRUCTIONS, EVALUATION, AND AWARD

SECTION E: SOLICITATION PROVISIONS

SECTION F: CONTRACT CLAUSES

Solicitation Summary

1. This requirement is being solicited and award will be made in accordance with the procedures set forth in Federal Acquisition Regulation (FAR) Part 12 – Acquisition of Commercial Items

2. Sections A, B, C, and F prescribes the terms and conditions of the resulting contract, and includes all pertinent information as it relates to this requirement.

3. Section D provides instructions to the Offeror for submitting a complete quote pursuant in response to the Government’s requirement, and addresses how the Government will evaluate each quote based on the stated criteria.

4. Sections E and F incorporates all provisions and clauses that are applicable to this solicitation and resulting contract. Please note that FAR 52.212-3- Offerors Representations and Certifications shall be completed and submitted as part of the Offeror’s quote.

* This checklist is provided as a guide and should not replace the offeror’s complete review of the solicitation in its entirety.

Offeror’s Quote Submission Guide (See Section D, Page 14)

Quote with cover page and in Word or PDF format.

Part 1- Approach

Part 2 –Past Experience and Performance

Part 3-Key Personnel

Part 4- Price Proposal

Offeror Representations and Certifications (See Pgs 20-41)

SECTION A: PERFORMANCE WORK STATEMENT (PWS)

1. Purpose

The General Services Administration (GSA), as agent for the US Coast Guard (USCG) is seeking proposals for a Market Value Appraisal report, prepared in accordance with the Uniform Standards for Professional Appraisal Practice (USPAP) as described in the below Scope of Work.

2. Objective

The intended user of the report is the GSA and USCG. The function of the appraisal is to assist complying with fair market value requirements in the transfer of real property from USCG to the San Francisco County Transportation Authority (SFCTA). The purpose of the appraisal is to provide a supported and credible opinion of the fair market value of the property. The date of valuation shall be within 30 days of the date of the delivery of the report.

3. Background

The Treasure Island Development Authority (TIDA), as a non-profit, public agency organized under California law has plans to redevelop the surrounding property in Yerba Buena Island and

Treasure Island for residential and commercial use. Please see Land Use and Development Program on TIDA’s website for Land Use Plan (also as Exhibits at the end of the SOW): Land Use Plan https://sftreasureisland.org/sites/default/files/Final_Ch2.pdf

2011 FEIR, IV.A LAND USE FEIR https://sftreasureisland.org/finaleir for additional details on the planned Major Phase 1 development blocks, project housing and potential commercial adjacent to the USCG property. TIDA controls zoning on Treasure Island.

Treasure Island and Yerba Buena Island, Census tract 06075017902, is a designated Qualified

Opportunity Zone, authorized by the Tax Cuts and Jobs Act of 2017 (Public Law No: 115-97) and regulated by Department of Treasury and IRS. SFCTA is interested in acquiring parcels from

USCG for Southgate Road Realignment Improvements, Forest Road, and Hillcrest Road Widening and Bicycle/ Pedestrian Path Projects.

4. Property Details

The subject property is located on the northwest side of Hillcrest Road, adjacent to the eastbound on-ramp to the Bay Bridge, on Yerba Buena Island, San Francisco, California. Street access is provided from Forest Road, which are fed from roads to the northwest and from Hillcrest Road to the southeast. It is irregular in topography, with steeply-sloping topography and a roughly level area at the crest of the property at the northwest side of the parcel. Public utilities are located nearby. The subject is located directly over a tunnel connecting the western and eastern spans of the

San Francisco-Oakland Bay Bridge. At several points near its crest, the site has panoramic views towards the west, south, and east. The facility located at the top of the island is known as the

Vessel Traffic Service control tower, which serves as the traffic control center for all maritime vessels moving about the Bay Area. The Vessel Traffic control tower is not included in the parcels to be appraised.

https://sftreasureisland.org/sites/default/files/Final_Ch2.pdf https://sftreasureisland.org/finaleir

To view the subject with Google Maps; enter "Forest Rd, San Francisco, CA" for a clear aerial map.

The parcels are located southeast of Interstate 80 are portions of APN 1939-002.

The 5 parcels to be appraised are:

1) Parcel 1-A comprised of 159,986 sq ft (3.67acres)

2) Parcel 1-B comprised of 80,984 sq ft (1.859 acres)

3) Parcel 1-C comprised of 26,548 sq ft (0.6094 acres)

4) Parcel 4 comprised of 10,969 sq ft. (0.2518 acres)

5) Value of the above 4 parcels combined as a whole (6.42 +/- acres)

Note: Parcels 1-A, 1-B, 1-C form one contiguous parcel and Parcel 4 is a stand-alone parcel located northwest of it. SFCTA plans to acquire Parcel 1-A, 1-B, 1-C, and Parcel 4 in fee. See below map for parcels highlighted in red.

Photographs are provided as exhibits to the SOW

Legal description, Title Report, and map of Parcels 1-A, 1-B & 1-C, and 4 are attachments listed under Solicitation, Section C that will be provided to the successful offeror after award.

DOCUMENTS PROVIDED FOR REFERENCE

A. Final EIR (Available at: https://sftreasureisland.org/finaleir)

B. Treasure Island Land Use and Development Program C. (Available at: https://sftreasureisland.org/sites/default/files/Final_Ch2.pdf

5. Scope of Work

A. Prepare an appraisal report for use by GSA. The appraisal should be prepared to meet

USPAP standards.

Highest and Best Use Analysis: To determine the Market Value of the “as is” fee simple interest of the subject property. The appraisal reporting of the market value shall be performed based on the concluded Highest and Best Use.

The Highest and Best Use Analysis shall be provided and include the following as a minimum:

Local and Regional Data. Discussion of the local and regional situation as it impacts the subject property.

Description of the Property. Detailed descriptions of the site and improvements.

Market Analysis. Included in the report shall be a thorough discussion of the real estate market for each property type (single-family, duplex, large housing complex, subdivision potential, vacant land, etc.). To the extent that data is available, this discussion shall include relevant economic indicators; supply and demand factors;

current inventories; absorption rates; and projected holding periods and estimated marketing times.

Constraints Analysis. Included in the report shall be a thorough discussion of existing site constraints including but not limited to, onsite sanitary sewage disposal, current zoning and general plan designations, Coastal Zone impacts, applicable critical habitat and riparian zones, listed or endangered species, known archeological sites, existing legislation, any other ordinances, regulations, policies or programs that may have an impact on the Highest and Best Use.

Preliminary Highest and Best Use Conclusion. Summary of analyses related to the various uses and scenarios, and a conclusion of Highest and Best Use.

Hypothetical Condition

Appraiser shall assume the property can be rezoned once the property is no longer in government ownership in assessing the property’s development capacity and reuse potential.

Market Values Required

The Appraiser shall, utilizing the above data, conclude a final Highest and Best Use and Valuation of the entire subject property and each portion of subject property per above.

Manner Services To Be Performed

As an independent contractor, Contractor shall be responsible for providing services and fulfilling obligations hereunder in a professional manner.

(a) The fair market value of the subject properties shall be appraised. The subject will be assumed to be free and clear of encumbrances unless otherwise noted.

(b) All adjustments for dissimilarities between the subject property and comparable market data, must be supported to the extent practical by market data. The actual adjustments shall be set forth in an adjustment grid(s) and discussed in sufficient detail to lead the reader to the appraiser’s conclusions. All adjustments made in this grid shall be quantitative, and each adjustment shall have a full narrative discussion.

(c) Plat, aerial and location maps (each shall be full-page in size) are required for all comparables and the subject property. Aerial maps shall be in color. The boundaries of the subject and comp shall be clearly outlined (in bold lines) to enable the review appraiser to easily locate these comps. A full-page location map showing all the comps including the subject is required; in addition to a location map for each comp individually. Location maps shall show all surrounding streets and major intersections.

(d) Front, side and rear color photographs are required for each of the subject properties.

B. Labor Requirements

Appraiser - Key Personnel

The Contractor shall utilize the personnel (including sub-contractor(s)) named in the proposal to perform the services required under this contract. No substitutions shall be made without prior written approval of the Contracting Officer. In the event personnel named in the proposal are unable to perform, the Contractor shall promptly submit to the Contracting Officer a written detailed explanation of the circumstances necessitating a substitution and all necessary information on the proposed substitute's qualifications.

All contract appraisers must be state licensed in which the subject property is located. Copies of the appraisal licenses shall be included in the proposal. Temporary licenses will not be accepted.

C. Deliverables/Schedule

1) Days are measured in Calendar Days.

2) The date of valuation shall be within thirty 30 days of the date of delivery of the report.

3) Kick-off meeting and property inspection: Within 14 days of contract award, Contractor to schedule a kick-off meeting and an inspection date of the property with GSA Project

Manager and Regional Appraiser.

4) Within 30 days of contract award provide draft highest and best use analysis.

5) Draft Appraisal Report: Within 45 days of contract award, provide a digital copy of the first draft appraisal report to GSA Project Manager and Regional Appraiser.

6) Government Review of Draft Appraisal Report: Within 21 days receipt of draft appraisal report, the Government will review and provide comments to Contractor on draft appraisal report.

7) Final Appraisal Report: Within 14 days of the Government’s comments on the draft appraisal report, provide 2 signed hardcopies of the report (via mail), and electronic format in WORD and PDF (via email) to GSA Project Manager and Regional Appraiser.

SECTION B: ADMINISTRATIVE MATTERS

1) GSA Points Of Contact

This Contract is between the United States of America, acting by and through the Administrator of

General Services (GSA), and the Contractor. References in this Contract to "the Owner" or "the

Government" shall be understood to refer to GSA. The following individual is designated as the

Contracting Officer for the Contract.

Huy Le

Acquisition Management Division

Phone: 617-565-5803

Email: Huy.Le@gsa.gov

Additional Points of Contact

GSA Contract Specialist (CS)

Kristin O’Neil

Acquisition Management Division (1PQB)

10 Causeway St.

Boston, MA 02222 kristin.oneil@gsa.gov

GSA Project Manager (PM)

Monica Pech

Real Property Utilization & Disposal Division (9PZ)

50 United Nations Plaza, Suite 4345, Mailbox 9

San Francisco, CA 94102 mailto:Huy.Le@gsa.gov mailto:kristin.oneil@gsa.gov

Phone: 415-522-3261

E-mail: monica.pech@gsa.gov

To schedule Site Examination and for information regarding the Appraisal Specifications, contact:

GSA Project Manager

GSA Review Appraiser

Tom Kitaguchi

Real Property Utilization & Disposal Division (9PZ)

50 United Nations Plaza, Suite 4345, Mailbox 9

San Francisco, CA 94102

Phone: 415-522-3423

E-mail: tom.kitaguchi@gsa.gov

GSA Contracting Officer’s Representative (COR)

Anita Lee

Real Property Utilization & Disposal Division (9PZ)

50 United Nations Plaza, Suite 4345, Mailbox 9

San Francisco, CA 94102

Phone: 415-522-3439

E-mail: anita.lee@gsa.gov

2) Place of Performance

The contractor shall commence the work upon Notice to Proceed (NTP). The Period of

Performance (POP) shall be eighty (80) days with deliverables submitted in accordance with the schedule as defined at section A.5.C- Deliverables / Schedule

3) Method of Payment

Payment for services shall be in one lump sum amount to be paid upon receipt and acceptance of the FINAL Appraisal Report.

The Contractor shall provide a single invoice requesting payment to the GSA COR and upon approval from the COR Submit the invoice electronically to the GSA FINANCE website:

https://finance3.gsa.gov/

4) Post Award Meeting The Contractor shall be required to participate in a post-award meeting via conference call with the

GSA Contracting Officer and Project Manager for discussion and interpretation of all instructions.

The meeting shall be scheduled within two (2) weeks after award.

5) Security The Contractor shall comply with GSA administrative, physical, and technical security controls to ensure that all Government’s security requirements are met. The Contractor is responsible for addressing any issues or concerns raised by GSA within a one week turn around.

mailto:monica.pech@gsa.gov mailto:tom.kitaguchi@gsa.gov mailto:anita.lee@gsa.gov https://finance3.gsa.gov/

6) Privacy Act Work on this contract will require personnel to have access to Privacy Information. Personnel shall adhere to the Privacy Act, Title 5 of the U.S. Code, Section 552a and applicable agency rules and regulations.

7) Protection of Information The Contractor shall be responsible for properly protecting all information used, gathered, or developed as a result of work under the contract. In addition, the Contractor shall protect all government data, equipment, or information by treating the material as sensitive. SBU information, data, and/or equipment shall only be disclosed to authorize personnel. The Contractor shall ensure that appropriate administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, and/or equipment is properly protected. When no longer required, this information, data, and/or equipment shall be returned to Government control, destroyed, or held until otherwise directed. Items returned to the Government will be hand carried or mailed to the COR using certified mail. The Contractor shall destroy unneeded items by burning, shredding, or any other method that precludes the reconstruction of the material.

8) Conflict Of Interest See FAR Subpart 9.5, “Organizational and Consultant Conflicts of Interest.” If the Contracting

Officer determines that an Offeror may have a potential organizational conflict of interest, then the

Contractor shall be required to submit a mitigation plan and, if awarded, comply with any procedures put in place to avoid or mitigate conflicts. If the Conflict of Interest cannot be sufficiently mitigated no award shall be made to the Offeror where the conflict exists. Examples of potential areas of conflict can be 1) access to non-public information; 2) the Contractor has helped set ground rules or create technical specifications for the acquisition; and 3) impaired objectivity.

SECTION C: CONTRACT DOCUMENTS, EXHIBITS & ATTACHMENTS

Contract Documents includes Section A- Performance Work Statement and B

Exhibits

1 TIDA PHASED LAND USE PLAN

2 PROPOSED USES ON YERBA BUENA ISLAND

3 PHOTOGRPAHS - Vessel Traffic Control Tower

All Attachments to be provided to successful offeror after award; as follows:

Attachments

1 Legal description

2 Title Report

3 Map of Parcels 1-A, 1-B & 1-C, and 4

Exhibit 1: TIDA PHASED LAND USE PLAN

Source: https://sftreasureisland.org/sites/default/files/Final_Ch2.pdf

Exhibit 2 PROPOSED USES ON YERBA BUENA ISLAND

Source: 2011 FEIR, IV.A LAND USE FEIR https://sftreasureisland.org/finaleir

Exhibit 3: PHOTOGRAPHS

Vessel Traffic Control Tower from Forest Rd

Vessel traffic control tower from parking lot

Facing east toward Forest Rd & Hillcrest Rd

SECTION D: REQUEST FOR PROPOSAL INSTRUCTIONS, EVALUATION, AND

AWARD

Table of Contents

1) 52.212-1 - Instructions

2) Addendum to 52.212-1

a) Questions

b) Proposal Due Date and Delivery

c) Proposal Format and Content

3) 52.212-2 – Evaluation-Commercial Items

1) FAR 52.212-1 Instructions Commercial Items

If there are any conflicting instructions between the full text of 52.212-1 and the Addendum to

52.212-1 below, the language provided under the Addendum shall take precedence.

2) Addendum to 52.212-1 – Instructions Commercial

The instructions below provide additional guidance beyond the full text of FAR 52.212-1 –

Instructions to Offerors-Commercial Items for the preparation and submission of proposals.

a) Questions period:

Offerors may submit questions regarding this RFQ via email to GSA Contracting Officer (CO) Huy

Le and GSA Contract Specialist (CS) Kristin O’Neil no later than Tuesday July 7, 2020 4:00 PM

Pacific Time. GSA will provide all Offerors the unattributed list of all questions and answers.

Offerors shall reference the page number and paragraph number being referred to along with the questions/clarifications requested. Only questions submitted by email will be answered.

b) Quotation Submission

All Quotes shall be received no later than Tuesday, July 15, 2020, 4:00 PM Pacific Time. Quotes received after the deadline for receipt will be considered a late submission and may not be accepted by the government. Offerors shall submit Quotes electronically in Microsoft Word or PDF, to

Kristin.oneil@gsa.gov and huy.le@gsa.gov by the above deadline for consideration. The offeror shall hold the prices in its offer firm for 45 calendar days from the date specified for receipt of quotes.

c) Proposal Format and Content

Quotations shall be compiled into four (4) parts as follows:

Part 1: Approach – Provide a detailed narrative describing the technical approach and the methods to be utilized in accomplishing the required tasks under this solicitation. Include a work plan and schedule of requirements and deliverables.

Part 2: Past Experience and Performance – Provide at least 2 similar appraisal assignments in the past 5 years of within 250 miles of the subject property, conducted by the Key Personnel listed in

Part 3 of this RFQ. Include a discussion/explanation of each project and its outcome(s), including the approach utilized by, and highlighting the efforts and responsibilities of, the Key Personnel. The

Contractor shall also provide the point of contact for the company/agency on whose behalf the project was accomplished including contact name, company/agency name, phone number, email address and physical address. GSA may contact all references.

Part 3: Key Personnel – Provide a short narrative of the proposed project team, each Key

Personnel’s role, and highlighting his/her experience similar in nature to the requirements of the scope. Include a simple organization chart; resumes/qualifications for all Key Personnel that will contribute directly to the project, and provide a single point of contact / Project Manager.

All contract appraisers must be state licensed in which the subject property is located. Copies of the appraisal licenses shall be included in the proposal. Temporary licenses will not be accepted.

The contractor shall utilize only the Key Personnel identified in this Part of the Contractor's accepted proposal to perform the primary services required under the contract. It is understood that administrative support may be provided by employees that are not Key Personnel. No Key

Personnel substitutions shall be made without prior written approval of the Contracting Officer.

Part 4: Price – Provide a firm-fixed price quote that is inclusive of all costs necessary to meet the government’s requirement under this solicitation.

3) 52.212-2 – Evaluation – Commercial Items

FAR 52.212-2 provides guidance on how the Government intends to evaluate offers using the evaluation factors provided below.

The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

1) Technical Capability: the offeror’s understanding of the PWS and previous experience with similar projects, as demonstrated in their quote;

2) Personnel Qualifications: the resume(s) of key personnel will be evaluated based on ability to implement the technical approach;

3) Past Performance; and

4) Price

The evaluation factors listed above are approximately equal in value/weighting

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 negotiations after its receipt, unless a written notice of withdrawal is received before award. GSA shall issue a firm fixed price

(GS300) Contract to the successful offeror. (End of provision)

SECTION E: SOLICITATION PROVISIONS

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) : This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address: https://acquistion.gov

(End of provision)

Provisions Incorporated by Reference:

52.212-1 Instructions to Offerors-Commercial Items

52.204-7, System for Award Management

52.204-16, Commercial and Government Entity Code Reporting

Provisions in Full Text:

52.209-7 Information Regarding Responsibility Matters. (Oct 2018)

(a) Definitions. As used in this provision—

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission

Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services

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

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

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

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

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

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

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and

Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been https://acquistion.gov/ 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 viahttps://www.sam.gov (see 52.204-7).

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance

Services or Equipment. (DEC 2019)

The Offeror shall not complete the representation in 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 the provision at 52.204-26, Covered Telecommunications Equipment or

Services-Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision—

“Covered telecommunications equipment or services”, “critical technology”, and “substantial or essential component” have the meanings provided in clause 52.204-25, Prohibition on

Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. 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. Contractors are not prohibited from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or https://www.sam.gov/ https://www.acquisition.gov/content/52204-7-system-award-management#i1063838 https://www.acquisition.gov/content/52204-26-covered-telecommunications-equipment-or-services-representation#id19CAC0P0ESS https://www.acquisition.gov/content/52212-3-offeror-representations-and-certifications-commercial-items#i1060550 https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services-or-equipment#id1989I600I4C

(2) Telecommunications equipment that cannot route or redirect user data traffic or 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 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.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will” provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer—

(1)A description of all covered telecommunications equipment and services offered

(include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

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

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, 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).

https://www.sam.gov/

Offerors shall submit a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items, with its offer.

FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (Mar 2020)

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

(a) Definitions. As used in this provision—

“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment.

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

Program.

Forced or indentured child labor means all work or service—

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

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

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror.

No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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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.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of

2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of

2007) conducting the business can demonstrate—

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

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets

Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

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

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

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

(6) Have been voluntarily suspended.“Sensitive technology”—

Sensitive technology—

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

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

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

(2) Does not include information or informational materials the export of which the

President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the

International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

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

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

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

Small business concern 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.

Small disadvantaged business concern, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that— http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim

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

124.105) by—

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

United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding

$750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at

13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger).

The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38

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

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

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

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

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

and

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

(b)

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference

(see FAR 4.1201), except for paragraphs ______________.

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

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

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

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

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

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

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.]

The offeror represents as part of its offer that it □ is, □ is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it

□is, □is not a small disadvantaged business concern as defined in 13 CFR124.1002.

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

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

The offeror represents that-

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

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part

127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern.

[Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB

Program in (c)(6) of this provision.] The offeror represents that-

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

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part

127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the

EDWOSB concern and other small businesses that are participating in the joint venture: __________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that–

(i) It □is, □is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the

Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR

Part 126; and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13

CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each

HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order11246-

(1) Previous contracts and compliance. The offeror represents that-

(i) It □ has, □ has not participated in a previous contract or subcontract subject to the

Equal Opportunity clause of this solicitation; and

(ii) It □ has, □ has not filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that-

(i) It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions

(31 http://uscode.house.gov/ U.S.C. 1352). (Applies only if the contract is expected to exceed

$150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of

1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying

Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation

(FAR) 52.225-1, Buy American-Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products,i.e., an end product that is not a

COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms…