RFQ Letter - Replace AC Units - Final .pdf

July 26, 2021

COMBINED SYNOPSIS SOLICITATION

REQUEST FOR QUOTATIONS (RFQ)

RFQ # 70CMSW21Q00000017

To: All Prospective Contractors:

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

(DHS/ICE)

Subject: Request for Quote (RFQ) 70CMSW21Q00000017, Remove and replace existing R-22 AC units on the Jail/ Pod buildings, and replace 28 AC units and air handling units (where applicable).

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in the Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with FAR 13.106-1(a)(2)(ii). This announcement constitutes the only solicitation; quotations are being requested and a separate written solicitation will not be issued. This is a competitive Small Business Set-Aside solicitation utilizing NAICS 238220- Plumbing, Heating, and Air- Conditioning Contractors.

Contractor shall pass along any applicable manufacturer and installer warranty to the Government.

REQUIREMENT: All work is detailed in the Statement of Work (SOW)

PLACE OF PERFORMANCE: Place of performance is detailed in the SOW. The Government intends to award a Firm-Fixed Priced (FFP) Purchase Order from this solicitation.

The period of performance for this award is Not to Exceed 6 Months.

Please submit your response in accordance with the following instructions.

You are not encouraged to take exceptions to this solicitation and the Statement of Work (SOW), attachment 1.

Additionally, an (electronic) copy listing the applicable labor categories and fixed rates shall be part of the submission.

RFQ DUE DATE

Responses to this RFQ must be received no later than 2:00pm Eastern Time, Wednesday, August 18, 2021, emailed directly to Daniel.M.Correia@ice.dhs.gov and Robert.V.Roberts@ice.dhs.gov.

Emailed Quotes should reference the solicitation number RFQ: 70CMSW21Q00000017 and be sent to both Daniel.M.Correia@ice.dhs.gov and Robert.V.Roberts@ice.dhs.gov.

If you have questions regarding this requirement, please submit your inquiries immediately via email but no later than 13 August 2021, 2:00pm Eastern Time to Daniel Correia at Daniel.M.Correia@ice.dhs.gov and Rob Roberts @ Robert.V.Roberts@ice.dhs.gov.

The Government reserves the right not to respond to any questions received concerning this solicitation after the date above. Contractors are encouraged to carefully review all solicitation requirements and submit questions to the Government early.

SITE VISIT

A site visit will be conducted starting at 10:00 AM Local Time (MST) on Wednesday, August 11, 2021. Interested parties are limited to two (2) attendees and must contact Michael.D.Skelton@ice.dhs.gov no later than noon on Friday, August 6, 2021, MST.

The vendor will have to clear the entrance for the Federal Building, subject to screening, must wear a mask (face covering), and show proper ID.

GENERAL INSTRUCTIONS

The contractor must provide all required documents to demonstrate their capability to satisfactorily perform the effort. The Government will focus on the Contractor's technical understanding and proposed cost to perform the full scope of work in accordance with (IAW) the SOW, and other pertinent attachments or exhibits.

TITLE PAGE LIMIT

FACTOR I:

TECHNICAL APPROACH

Not to Exceed 10 pages

FACTOR II:

PRICE

Not to Exceed 5 pages

Factor I: Technical Approach

1) Provide a Technical Quote that addresses the requirements of the SOW under section 6.0- Scope of Work:

• Remove and replace Jail Units - (4each (ea)) 7.5-ton, (2ea) 4-ton, and (2ea) 5-ton package gas electric units and adapter curbs.

• Remove and replace Pod Units A, B, C, D, E – (10ea) 7.5-ton package gas electric 2 stage high efficiency units and adapter curbs.

mailto:Daniel.M.Correia@ice.dhs.gov mailto:Robert.V.Roberts@ice.dhs.gov mailto:Michael.D.Skelton@ice.dhs.gov

• The Jail units 3 & 4 need to be re-configured to avoid intake and discharge of air into each other.

• Relocate and replace the POD disconnects to the outside of the surrounding wall and replace all other disconnects.

• Remove and replace 28 AC units and air handling units (where applicable). The units range from 3-12.5 ton, an inventory list will be provided upon request.

• Crane up new units with new adapter curbs for all roof mounted units. Verify ground units accessibility and provide quotes accordingly.

• Install new A/C whips to each unit.

• Install new gas flex to each unit where applicable.

• Check conduit for good condition and reuse. Replace if necessary.

• Install energy management controllers with discharge air sensors, fan/compressor stats, tie into existing system to BMS, install Wi-Fi routers and hard wire units on roof with new space temp stainless steel plates. The existing BMS is Niagra by Tritium Bacnet to interface. The final integration of this system must be coordinated by onsite ICE staff and local servicing contractor.

Factor II: Price

Provide a full list of all equipment to include manufacturer, unit pricing, quantities and extended totals as well as information for Labor. Labor should be broken out with each labor category, number of hours, hourly labor rate. Overhead and Profit should be provided with the pricing.

BASIS FOR AWARD: The award will be a firm-fixed-price (FFP) Purchase Order using the “Best Value” evaluation criteria. The Government will make an award to the Contractor whose quote represents the best value to the Government, considering the tradeoff between Technical Approach, and Price. An integrated assessment of the strengths, weaknesses and/or deficiencies of each offer, together with the pricing proposed, will be used to determine which offer represents the best overall value to the Government.

• Factor 1- Technical Approach

• Factor 2- Price

Weight of Factors- Price is significantly more important than Technical Approach

For Factor 1, the Government will evaluate offers based on the following:

Excellent The quote exceeds all minimum requirements in the SOW by providing more than one added benefit(s) to the Government.

Good The quote meets all minimum requirements in the SOW and provides one added benefit to the Government.

Acceptable The quote meets all minimum requirements in the SOW. No added benefits are identified.

Unacceptable The quote fails to demonstrate an understanding of the objectives of the acquisition and fails to meet all minimum requirements in the SOW. Major revision(s) are required for minimum acceptability. The quote is unawardable

Strengths – is 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 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 – An aspect in the quote that is a flaw or increases the risk of unsuccessful contract performance.

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

Factor 2- Price will be evaluated with respect to completeness based on information submitted in the contractor’s price quote. The Government’s price evaluation will assess the accuracy and completeness for the quotation, which will involve verification that prices and/or discounts are included, figures are correctly calculated, and prices are presented with the breakout requested above. Consideration shall be given to the mix of labor proposed under the contractor’s quote.

The contractor’s price quote will be evaluated for price reasonableness to determine whether the price is too high for the requirements outlined in the SOW. Additionally, a price realism analysis will be performed to determine whether an offeror’s price is unrealistically low. An unrealistically low quote may question whether a contractor fully understands the scope of work outlined in the SOW. An unrealistic price quote may serve as a rejection for the quote.

Attachments

Attachment 1- Statement of Work Attachment 2- Wage Determination

CLAUSES INCORPORATED BY REFERENCE

52.252-2 -- Clauses Incorporated by Reference.

As prescribed in 52.107(b), insert the following clause:

Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P94_14051

Note: The complete text of specific clauses is contained in Chapters 1 (Federal Acquisition Regulations) and 2 (DHS FAR Supplement) of Title 48 of the Code of Federal Regulations (CFR) which are available at most law libraries. In addition, the full text of FAR and HSAR/HSAM clauses may be accessed electronically at https://www.acquisition.gov/far/and http://www.dhs.gov/dhspublic/ respectively.

(End of Clause)

52.202-1 -- Definitions (Jun 2020) 52.203-3 -- Gratuities (Apr 1984) 52.203-5 -- Covenant Against Contingent Fees (May 2014) 52.203-7 -- Anti-Kickback Procedures (Jun 2020) 52.203-16 -- Preventing Personal Conflicts of Interest (Jun 2020) 52.203-17 -- Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Jun 2020) 52.204-4 -- Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-7 -- Systems for Award Management (Oct 2018) 52.204-8 -- Annual Representations and Certifications (Mar 2020) 52.204-9 -- Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-10 -- Reporting Executive Compensation and First Tier Subcontract Awards (Jun 2020) 52.204-13 -- System for Award Management Maintenance (Oct 2018) 52.204-18 -- Commercial and Government Entity Code Maintenance (Jul 2016) 52.204-19 -- Incorporation by Reference of Representations and Certifications (Dec 2014) 52.204-21 -- Basic Safeguarding of Covered Contractor Information Systems (Jan 2016) 52.204-25 -- Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020) 52.211-5 -- Material Requirements (Aug 2000) 52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984) 52.215-2 -- Audit and Records – Negotiation (Jun 2020) 52.215-14 -- Integrity of Unit Prices (Jun 2020) 52.215-17 -- Waiver of Facilities Capital Cost of Money (Oct 1997) 52.219-1 -- Small Business Program Representations (Mar 2020) 52.219-8 -- Utilization of Small Business Concerns (Oct 2018) 52.219-14 -- Limitations on Subcontracting (Mar 2020) 52.219-28 -- Post-Award Small Business Program Representation (May 2020) 52.222-3 -- Convict Labor (June 2003) 52.222-4 -- Contract Work Hours and Safety Standards -- Overtime Compensation (May 2018) 52.222-6 -- Wage Rate Requirements (Aug 2018) 52.222-7 -- Withholding of Funds (May 2014) 52.222-8 -- Payrolls and Basic Records (Aug 2018) 52.222-9 -- Apprentices and Trainees (Jul 2005) 52.222-10 -- Compliance with Copeland Act Requirements (Feb 1998) 52.222-11 -- Subcontracts (Labor Standards) (May 2014) 52.222-12 -- Contract Termination – Debarment (May 2014) http://www.acquisition.gov/far/and http://www.dhs.gov/dhspublic/

52.222-13 -- Compliance with Construction Wage Rate Requirements and Related Regulations (May 2014) 52.222-14 -- Disputes Concerning Labor Standards (Feb 1988) 52.222-15 -- Certification of Eligibility (May 2014) 52.222-16 -- Approval of Wage Rates (May 2014) 52.222-21 -- Prohibition of Segregated Facilities (Apr 2015) 52.222-27 -- Affirmative Action Compliance Requirements for Construction (Apr 2015) 52.222-34 -- Project Labor Agreement (May 2010) 52.222-37 -- Employment Reports on Veterans (Jun 2020) 52.222-40 -- Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) 52.222-41 -- Service Contract Labor Standards (Aug 2018) 52.222-44 -- Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) 52.222-50 -- Combating Trafficking in Persons (Oct 2020) 52.222-54 -- Employment Eligibility Verification (Oct 2015) 52.222-55 -- Minimum Wages Under Executive Order 13658 (Dec 2015) 52.222-62 -- Paid Sick Leave Under Executive Order 13706 (Jan 2017) 52.223-2 -- Affirmative Procurement of Biobased Products Under Service And Construction Contracts (Sep 2013) 52.223-3 -- Hazardous Material Identification and Material Safety Data (Jan 1997) 52.223-6 -- Drug-Free Workplace (May 2001) 52.223-10 -- Waste Reduction Program (May 2011) 52.223-11 -- Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) 52.223-12 -- Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) 52.223-13 -- Acquisition of EPEAT® - Registered Imaging Equipment. (Jun 2014) 52.223-14 -- Acquisition of EPEAT® -Registered Televisions (Jun 2014) 52.223-15 -- Energy Efficiency in Energy-Consuming Products (May 2020) 52.223-16 -- Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) 52.223-17 -- Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts (Aug 2018) 52.223-18 -- Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) 52.223-19 -- Compliance with Environmental Management Systems (May 2011) 52.223-20 – Aerosols (Jun 2016) 52.223-21 -- Foams (Jun 2016) 52.224-1 -- Privacy Act Notification (Apr 1984 52.224-2 -- Privacy Act (Apr 1984) 52.224-3 -- Privacy Training (Jan 2017) 52.225-1 -- Buy American—Supplies (May 2014) 52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. (Jun 2020) 52.227-1 -- Authorization and Consent (Dec 2007) 27.201-2 – Contract Clauses (Jun 2020) 52.227-3 -- Patent Indemnity (Apr 1984)

52.227-4 -- Patent Indemnity -- Construction Contracts (Dec 2007) 52.227-14 -- Rights in Data – General (May 2014) 52.228-1 -- Bid Guarantee (Sep 1996) 52.228-2 -- Additional Bond Security (Oct 1997) 52.228-5 -- Insurance -- Work on a Government Installation (Jan 1997) 52.228-11 -- Pledges of Assets (Aug 2018) 52.228-14 -- Irrevocable Letter of Credit (Nov 2014) 52.228-16 -- Performance and Payment Bonds -- Other Than Construction Alternate I (Nov 2006) 52.229-3 -- Federal, State, and Local Taxes (Feb 2013) 52.229-4 -- Federal, State, and Local Taxes (State and Local Adjustments) (Feb 2013) 52.230-2 -- Cost Accounting Standards. (Deviation 2018-O0015) (Oct 2015) 52.230-6 -- Administration of Cost Accounting Standards (Jun 2010) 52.232-1 -- Payments (Apr. 1984) 52.232-5 Payments under Fixed-Price Construction Contracts (May 2014) 52.232-8 -- Discounts for Prompt Payment (Feb 2002) 52.232-9 -- Limitation on Withholding of Payments (Apr1984) 52.232-11 -- Extras (Apr 1984) 52.232-16 -- Progress Payments (Jun 2020) 52.232-23 -- Assignment of Claims (May 2014) 52.232-27 Prompt Payment for Construction Contracts (Jan 2017) 52.232-33 -- Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) 52.232-35 -- Designation of Office for Government Receipt of Electronic Funds Transfer Information (Jul 2013) 52.232-39 -- Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 -- Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.233-1 -- Disputes (May 2014) 52.233-4 -- Applicable Law For Breach Of Contract Claim (Oct 2004) 52.236-1 -- Performance of Work by the Contractor (Apr 1984) 52.236-2 -- Differing Site Conditions (Apr 1984) 52.236-3 -- Site Investigation and Conditions Affecting the Work (Apr 1984) 52.236-5 -- Material and Workmanship (Apr 1984) 52.236-6 -- Superintendence by the Contractor (Apr 1984) 52.236-7 -- Permits and Responsibilities (Nov 1991) 52.236-8 -- Other Contracts (Apr 1984) 52.236-9 -- Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Apr 1984) 52.236-10 -- Operations and Storage Areas (Apr 1984 52.236-11 -- Use and Possession Prior to Completion (Apr 1984) 52.236-12 -- Cleaning Up (Apr 1984) 52.236-13 -- Accident Prevention (Nov 1991) 52.236-14 -- Availability and Use of Utility Services (Apr 1984) 52.236-15 -- Schedules for Construction Contracts (Apr 1984)

52.237-2 -- Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) 52.242-13 – Bankruptcy (Jul 1995) 52.242-14 -- Suspension of Work (Apr 1984) 52.242-15 -- Stop-Work Order (Aug 1989) 52.242-17 -- Government Delay of Work (Apr 1984) 52.243-1 -- Changes-Fixed-Price (Alternate II) (Aug 1987) 52.243-7 -- Notification of Changes (Jan 2017) 52.244-5 -- Competition in Subcontracting (Dec 1996) 52.245-9 -- Use and Charges (Apr 2012) 52.246-4 -- Inspection of Services -- Fixed-Price (Aug. 1996) 52.246-6 -- Inspection Time and Material and Labor Hour (May 2001) 52.246-12 -- Inspection of Construction (Aug 1996) 52.246-16 -- Responsibility for Supplies (Apr 1984) 52.246-24 -- Limitation of Liability -- High-Value Items (Feb 1997) 52.246-25 -- Limitation of Liability -- Services (Feb 1997) 52.247-5 -- Familiarization with Conditions (Apr 1984) 52.247-12 -- Supervision, Labor, or Materials (Apr 1984) 52.247-17 -- Charges (Apr 1984) 52.247-21 -- Contractor Liability for Personal Injury and/or Property Damage (Apr 1984) 52.247-34 -- F.o.b. – Destination (Nov 1991) 52.248-1 -- Value Engineering (Jun 2020) 52.249-2 -- Termination for Convenience of the Government (Fixed-Price) (Apr 2012) 52.249-8 -- Default (Fixed-Price Supply and Service) (Apr 1984) 52.251-1 -- Government Supply Sources (Apr 2012) 52.253-1 -- Computer Generated Forms (Jan 1991) 3052.203-70 -- Instructions for Contractor Disclosure of Violations (Sep 2012) 3052.205-70 -- Advertisements, Publicizing Awards, and Releases (Sep 2012) 3052.222-70 -- Strikes or picketing affecting timely completion of the contract work (Dec 2003) 3052.222-71 -- Strikes or Picketing access to a DHS facility (Dec 2003)

CLAUSES INCORPORATED IN FULL TEXT:

The following clauses are incorporated in full text:

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)

(a) Definitions. As used in this clause– “Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access;

and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.204-23 – Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018)

(a) Definitions. As used in this clause— Covered article means any hardware, software, or service that–

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

Covered entity means–

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from—

(1) Providing any covered article that the Government will use on or after October 1, 2018;

and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement.

(1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 1 business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

https://dibnet.dod.mil/ https://dibnet.dod.mil/

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

(End of clause)

52.209-9 – Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management via https://www.sam.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consist of two segments—

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by—

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for--

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor’s record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information.

The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(End of clause)

52.216-25 Contract Definitization.

Contract Definitization (Oct 2010) https://www.sam.gov/

(a) A _Firm Fixed Price [insert specific type of contract] definitive contract is contemplated.

The Contractor agrees to begin promptly negotiating with the Contracting Officer the terms of a definitive contract that will include (1) all clauses required by the Federal Acquisition Regulation (FAR) on the date of execution of the letter contract, (2) all clauses required by law on the date of execution of the definitive contract, and (3) any other mutually agreeable clauses, terms, and conditions. The Contractor agrees to submit a fixed-price [insert specific type of proposal (e.g., fixed-price or cost-and-fee)] proposal, including data other than certified cost or pricing data, and certified cost or pricing data, in accordance with FAR 15.408, Table 15-2, supporting its proposal.

(b) The schedule for definitizing this contract is [insert target date for definitization of the contract and dates for submission of proposal, beginning of negotiations, and, if appropriate, submission of make-or-buy and subcontracting plans and certified cost or pricing data]:_________________________________________________________________________

(c) If agreement on a definitive contract to supersede this letter contract is not reached by the target date in paragraph (b) of this section, or within any extension of it granted by the Contracting Officer, the Contracting Officer may, with the approval of the head of the contracting activity, determine a reasonable price or fee in accordance with subpart 15.4 and part 31 of the FAR, subject to Contractor appeal as provided in the Disputes clause. In any event, the Contractor shall proceed with completion of the contract, subject only to the Limitation of Government Liability clause.

(1) After the Contracting Officer’s determination of price or fee, the contract shall be governed by-

(i) All clauses required by the FAR on the date of execution of this letter contract for either fixed-price or cost-reimbursement contracts, as determined by the Contracting Officer under this paragraph (c);

(ii) All clauses required by law as of the date of the Contracting Officer’s determination; and

(iii) Any other clauses, terms, and conditions mutually agreed upon.

(2) To the extent consistent with paragraph (c)(1) of this section, all clauses, terms, and conditions included in this letter contract shall continue in effect, except those that by their nature apply only to a letter contract.

(End of clause)

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

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

https://www.acquisition.gov/far/4.2105#FAR_4_2105

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

Nothing in the prohibition shall be construed to—

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

Nothing in the prohibition shall be construed to—

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

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

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

https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.sam.gov/

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

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

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

and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

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

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

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

(i) For covered equipment—

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

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

and item description, as applicable); and

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

(ii) For covered services—

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

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

(End of provision)

52.204-26 Covered Telecommunications Equipment or Services-Representation.

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

Covered Telecommunications Equipment or Services-Representation (Oct 2020)

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

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

52.209-11 – 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.

(End of provision)

52.216-7 -- Allowable Cost and Payment (Aug 2018)

(a) Invoicing.

(1) The Government will make payments to the Contractor when requested as work progresses, but (except for small business concerns) not more often than once every 2 weeks, in amounts determined to be allowable by the Contracting Officer in accordance with Federal Acquisition Regulation (FAR) Subpart 31.2 in effect on the date of this contract and the terms of this contract.

The Contractor may submit to an authorized representative of the Contracting Officer, in such form and reasonable detail as the representative may require, an invoice or voucher supported by a statement of the claimed allowable cost for performing this contract.

(2) Contract financing payments are not subject to the interest penalty provisions of the Prompt Payment Act. Interim payments made prior to the final payment under the contract are contract financing payments, except interim payments if this contract contains Alternate I to the clause at 52.232-25.

(3) The designated payment office will make interim payments for contract financing on the 30th day after the designated billing office receives a proper payment request. In the event that the Government requires an audit or other review of a specific payment request to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the specified due date.

(b) Reimbursing costs.

(1) For the purpose of reimbursing allowable costs (except as provided in subparagraph (b)(2) of this clause, with respect to pension, deferred profit sharing, and employee stock ownership plan contributions), the term “costs” includes only --

(i) Those recorded costs that, at the time of the request for reimbursement, the Contractor has paid by cash, check, or other form of actual payment for items or services purchased directly for the contract;

(ii) When the Contractor is not delinquent in paying costs of contract performance in the ordinary course of business, costs incurred, but not necessarily paid, for --

(A) Supplies and services purchased directly for the contract and associated financing payments to subcontractors, provided payments determined due will be made—

(1) In accordance with the terms and conditions of a subcontract or invoice; and

(2) Ordinarily within 30 days of the submission of the Contractor’s payment request to the Government;

(B) Materials issued from the Contractor’s inventory and placed in the production process for use on the contract;

(C) Direct labor;

(D) Direct travel;

(E) Other direct in-house costs; and

(F) Properly allocable and allowable indirect costs, as shown in the records maintained by the Contractor for purposes of obtaining reimbursement under Government contracts; and

(iii) The amount of financing payments that have been paid by cash, check or other form of payment to subcontractors.

(2) Accrued costs of Contractor contributions under employee pension plans shall be excluded until actually paid unless—

(i) The Contractor’s practice is to make contributions to the retirement fund quarterly or more frequently; and

(ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution remaining unpaid shall be excluded from the Contractor’s indirect costs for payment purposes).

(3) Notwithstanding the audit and adjustment of invoices or vouchers under paragraph (g) of this clause, allowable indirect costs under this contract shall be obtained by applying indirect cost rates established in accordance with paragraph (d) of this clause.

(4) Any statements in specifications or other documents incorporated in this contract by reference designating performance of services or furnishing of materials at the Contractor’s expense or at no cost to the Government shall be disregarded for purposes of cost-reimbursement under this clause.

(c) Small business concerns. A small business concern may receive more frequent payments than every 2 weeks

(d) Final indirect cost rates.

(1) Final annual indirect cost rates and the appropriate bases shall be established in accordance with Subpart 42.7 of the Federal Acquisition Regulation (FAR) in effect for the period covered by the indirect cost rate proposal.

(2)

(i) The Contractor shall submit an adequate final indirect cost rate proposal to the Contracting Officer (or cognizant Federal agency official) and auditor within the 6-month period following the expiration of each of its fiscal years. Reasonable extensions, for exceptional circumstances only, may be requested in writing by the Contractor and granted in writing by the Contracting Officer. The Contractor shall support its proposal with adequate supporting data.

(ii) The proposed rates shall be based on the Contractor’s actual cost experience for that period.

The appropriate Government representative and the Contractor shall establish the final indirect cost rates as promptly as practical after receipt of the Contractor’s proposal.

(iii) An adequate indirect cost rate proposal shall include the following data unless otherwise specified by the cognizant Federal agency official:

(A) Summary of all claimed indirect expense rates, including pool, base, and calculated indirect rate.

(B) General and Administrative expenses (final indirect cost pool). Schedule of claimed expenses by element of cost as indentified in accounting records (Chart of Accounts).

(C) Overhead expenses (final indirect cost pool). Schedule of claimed expenses by element of cost as identified in accounting records (Chart of Accounts) for each final indirect cost pool.

(D) Occupancy expenses (intermediate indirect cost pool). Schedule of claimed expenses by element of cost as identified in accounting records (Chart of Accounts) and expense reallocation to final indirect cost pools.

(E) Claimed allocation bases, by element of cost, used to distribute indirect costs.

(F) Facilities capital cost of money factors computation.

(G) Reconciliation of books of account (i.e., General Ledger) and claimed direct costs by major cost element.

(H) Schedule of direct costs by contract and subcontract and indirect expense applied at claimed rates, as well as a subsidiary schedule of Government participation percentages in each of the allocation base amounts.

(I) Schedule of cumulative direct and indirect costs claimed and billed by contract and subcontract.

(J) Subcontract information. Listing of subcontracts awarded to companies for which the contractor is the prime or upper-tier contractor (include prime and subcontract numbers;

subcontract value and award type; amount claimed during the fiscal year; and the subcontractor name, address, and point of contact information).

(K) Summary of each time-and-materials and labor-hour contract information, including labor categories, labor rates, hours, and amounts; direct materials; other direct costs; and, indirect expense applied at claimed rates.

(L) Reconciliation of total payroll per IRS form 941 to total labor costs distribution.

(M) Listing of decisions/agreements/approvals and description of accounting/organizational changes.

(N) Certificate of final indirect costs (see 52.242-4, Certification of Final Indirect Costs).

(O) Contract closing information for contracts physically completed in this fiscal year (include contract number, period of performance, contract ceiling amounts, contract fee computations, level of effort, and indicate if the contract is ready to close).

(iv) The following supplemental information is not required to determine if a proposal is adequate, but may be required during the audit process:

(A) Comparative analysis of indirect expense pools detailed by account to prior fiscal year and budgetary data.

(B) General organizational information and limitation on allowability of compensation for certain contractor personnel.