SF_1449_-_RFQ_140D0421Q0335_(Full__Signed).pdf
PDF 745 KB Posted
- Solicitation number
- 140D0421Q0335
About this file
This is a request for quote (RFQ) for the National Rehabilitation Information Center (NARIC) requirement issued by the Department of the Interior on behalf of the Department of Health and Human Services. The RFQ is an 8(a) small business set-aside seeking quotes to award a hybrid firm-fixed price and cost reimbursement contract to provide information services, website and database maintenance, publications acquisition, and outreach promotion support to the National Institute on Disability, Independent Living, and Rehabilitation Research. The period of performance is a six-month base period starting August 1, 2021 followed by two one-year option periods exercisable based on funding and contractor performance. Quotes are due by June 23, 2021 with anticipated award by May 24, 2021.
View the file
Other files
Show all 13
On GovTribe
Work with this file
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
D14
Suite 4000 381 Elden St Division 1/ Branch 4 Interior Business Center, AQD
CODE 16. ADMINISTERED BYCODE
X
X
541512
SIZE STANDARD:
% FOR:SET ASIDE:UNRESTRICTED ORD14
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
06/23/2021 1100 ES
05/24/2021
0000000000Matthew Mosellen (No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
140D0421Q0335
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 8 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
Herndon VA 20170
TELEPHONE NO.
17a. CONTRACTOR/
15. DELIVER TO
Herndon VA 20170 Suite 4000 381 Elden St Division 1/ Branch 4
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$30.00
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
11.
SEE SCHEDULEX
12. DISCOUNT TERMS
THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
8(A)
Interior Business Center, AQD
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
X
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
This request for quote (RFQ) is a 8(a) set-aside in support of the Dept. of Health and Human Services (HHS), National Institute on Disability, Independent Living & Rehabilitation Research (NIDILRR) for the National Rehabilitation Information Center (NARIC) requirement. It is expected that the government will award a hybrid Firm-Fixed Price / Cost Reimbursable (CR) contract as a result of this solicitation.
Period of Performance: 08/01/2021 to 01/31/2024 Continued ...
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
X
XX
DATED
Matthew Mosellen
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
OFFER
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT:
REF.
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 2/2012) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
00010 Base Period 1 AU
Objective 1: Conduct Project Administration, Management, and Performance Reporting
§1.1 - §1.6
Firm-Fixed Price (FFP)
Product/Service Code: R499
Product/Service Description: SUPPORT-
PROFESSIONAL: OTHER
Period of Performance: 08/01/2021 to 02/01/2022
00020 Base Period 1 AU
Objective 2: Provide information services to target users
§2.1 - §2.2.3
Firm-Fixed Price (FFP)
Product/Service Code: R499
Product/Service Description: SUPPORT-
PROFESSIONAL: OTHER
Period of Performance: 08/01/2021 to 02/01/2022
00030 Base Period 1 AU
Objective 3: Operate, maintain, and update the
NARIC website, databases, and other information technology systems supporting the operation of
NARIC
§3.1 - §3.3.3
Continued ...
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
8 2 of
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 8
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
140D0421Q0335
Firm-Fixed Price (FFP)
Product/Service Code: R499
Product/Service Description: SUPPORT-
PROFESSIONAL: OTHER
Period of Performance: 08/01/2021 to 02/01/2022
00040 Base Period 1 AU
Objective 4: Acquire publications and informational products in disability, Independent living, and rehabilitation; and develop, maintain, and update their accompanying information records
§4.1 - §4.8
Firm-Fixed Price (FFP)
Product/Service Code: R499
Product/Service Description: SUPPORT-
PROFESSIONAL: OTHER
Period of Performance: 08/01/2021 to 02/01/2022
00050 Base Period 1 AU
Objective 5: Promote the use of disability, independent living, and rehabilitation information and resources produced by NIDILRR grantees
§5.1 - §5.4.3
Firm-Fixed Price (FFP)
Product/Service Code: R499
Product/Service Description: SUPPORT-
PROFESSIONAL: OTHER
Period of Performance: 08/01/2021 to 02/01/2022
00060 Base Period 1 AU
Information Technology (IT) Security Requirements and Deliverables
Firm-Fixed Price (FFP)
Product/Service Code: R499
Product/Service Description: SUPPORT-
PROFESSIONAL: OTHER
Period of Performance: 08/01/2021 to 02/01/2022
00070 Base Period
Other Direct Costs (ODCs)
Cost Reimbursable (CR)
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
4 8
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
140D0421Q0335
Not to Exceed (NTE)
Product/Service Code: R499
Product/Service Description: SUPPORT-
PROFESSIONAL: OTHER
Period of Performance: 08/01/2021 to 02/01/2022
10010 Option Period 1 1 AU
Objective 1: Conduct Project Administration, Management, and Performance Reporting
§1.1 - §1.6
Firm-Fixed Price (FFP)
(Option Line Item)
01/31/2022
Product/Service Code: R499
Product/Service Description: SUPPORT-
PROFESSIONAL: OTHER
Period of Performance: 02/01/2022 to 01/31/2023
10020 Option Period 1 1 AU
Objective 2: Provide information services to target users
§2.1 - §2.2.3
Firm-Fixed Price (FFP)
(Option Line Item)
01/31/2022
Product/Service Code: R499
Product/Service Description: SUPPORT-
PROFESSIONAL: OTHER
Period of Performance: 02/01/2022 to 01/31/2023
10030 Option Period 1 1 AU
Objective 3: Operate, maintain, and update the
NARIC website, databases, and other information technology systems supporting the operation of
NARIC
§3.1 - §3.3.3
Firm-Fixed Price (FFP)
(Option Line Item)
01/31/2022
Product/Service Code: R499
Product/Service Description: SUPPORT-
PROFESSIONAL: OTHER
Period of Performance: 02/01/2022 to 01/31/2023
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
5 8
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
140D0421Q0335
10040 Option Period 1 1 AU
Objective 4: Acquire publications and informational products in disability, Independent living, and rehabilitation; and develop, maintain, and update their accompanying information records
§4.1 - §4.8
Firm-Fixed Price (FFP)
(Option Line Item)
01/31/2022
Product/Service Code: R499
Product/Service Description: SUPPORT-
PROFESSIONAL: OTHER
Period of Performance: 02/01/2022 to 01/31/2023
10050 Option Period 1 1 AU
Objective 5: Promote the use of disability, independent living, and rehabilitation information and resources produced by NIDILRR grantees
§5.1 - §5.4.3
Firm-Fixed Price (FFP)
(Option Line Item)
01/31/2022
Product/Service Code: R499
Product/Service Description: SUPPORT-
PROFESSIONAL: OTHER
Period of Performance: 02/01/2022 to 01/31/2023
10060 Option Period 1 1 AU
Information Technology (IT) Security Requirements and Deliverables
Firm-Fixed Price (FFP)
(Option Line Item)
01/31/2022
Product/Service Code: R499
Product/Service Description: SUPPORT-
PROFESSIONAL: OTHER
Period of Performance: 02/01/2022 to 01/31/2023
10070 Option Period 1
Other Direct Costs (ODCs)
Cost Reimbursable (CR)
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
6 8
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
140D0421Q0335
Not to Exceed (NTE)
(Option Line Item)
01/31/2022
Product/Service Code: R499
Product/Service Description: SUPPORT-
PROFESSIONAL: OTHER
Period of Performance: 02/01/2022 to 01/31/2023
20010 Option Period 2 1 AU
Objective 1: Conduct Project Administration, Management, and Performance Reporting
§1.1 - §1.6
Firm-Fixed Price (FFP)
(Option Line Item)
01/31/2023
Product/Service Code: R499
Product/Service Description: SUPPORT-
PROFESSIONAL: OTHER
Period of Performance: 02/01/2023 to 01/31/2024
20020 Option Period 2 1 AU
Objective 2: Provide information services to target users
§2.1 - §2.2.3
Firm-Fixed Price (FFP)
(Option Line Item)
01/31/2023
Product/Service Code: R499
Product/Service Description: SUPPORT-
PROFESSIONAL: OTHER
Period of Performance: 02/01/2023 to 01/31/2024
20030 Option Period 2 1 AU
Objective 3: Operate, maintain, and update the
NARIC website, databases, and other information technology systems supporting the operation of
NARIC
§3.1 - §3.3.3
Firm-Fixed Price (FFP)
(Option Line Item)
01/31/2023
Product/Service Code: R499
Product/Service Description: SUPPORT-
PROFESSIONAL: OTHER
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
7 8
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
140D0421Q0335
Period of Performance: 02/01/2023 to 01/31/2024
20040 Option Period 2 1 AU
Objective 4: Acquire publications and informational products in disability, Independent living, and rehabilitation; and develop, maintain, and update their accompanying information records
§4.1 - §4.8
Firm-Fixed Price (FFP)
(Option Line Item)
01/31/2023
Product/Service Code: R499
Product/Service Description: SUPPORT-
PROFESSIONAL: OTHER
Period of Performance: 02/01/2023 to 01/31/2024
20050 Option Period 2 1 AU
Objective 5: Promote the use of disability, independent living, and rehabilitation information and resources produced by NIDILRR grantees
§5.1 - §5.4.3
Firm-Fixed Price (FFP)
(Option Line Item)
01/31/2023
Product/Service Code: R499
Product/Service Description: SUPPORT-
PROFESSIONAL: OTHER
Period of Performance: 02/01/2023 to 01/31/2024
20060 Option Period 2 1 AU
Information Technology (IT) Security Requirements and Deliverables
Firm-Fixed Price (FFP)
(Option Line Item)
01/31/2023
Product/Service Code: R499
Product/Service Description: SUPPORT-
PROFESSIONAL: OTHER
Period of Performance: 02/01/2023 to 01/31/2024
20070 Option Period 2
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
8 8
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
140D0421Q0335
Other Direct Costs (ODCs)
Cost Reimbursable (CR)
Not to Exceed (NTE)
(Option Line Item)
01/31/2023
Product/Service Code: R499
Product/Service Description: SUPPORT-
PROFESSIONAL: OTHER
Period of Performance: 02/01/2023 to 01/31/2024
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
RFQ # 140D0421Q0335
National Rehabilitation Information Center (NARIC)
SECTION 1 – INTRODUCTION
1.1 GENERAL
This requirement is being issued by the Department of the Interior (DOI), Interior Business Center (IBC), Acquisition Services Directorate (AQD), Division 1, Branch 4 on behalf of the Department of Health and Human Service (HHS), Administration for Community Living (ACL), National Institute on Disability, Independent Living, and Rehabilitation Research (NIDILRR). AQD will conduct this acquisition using Subpart 13.5 – Simplified Procedures for Certain Commercial Items under the Federal Acquisition Regulation (FAR).
AQD is issuing this Request for Quote (RFQ) as an open market, competitive 8(a) set-aside. Only quotes submitted by SBA Certified 8(a) Small Business Concerns will be accepted by the Government. Any quote that is submitted by a contractor that is not an 8(a) Small Business will be immediately rejected.
AQD will handle the solicitation and resultant contract administration, as well as, payment of invoices.
AQD is a Federal Franchise Fund Contracting Office under the authority of the Government Management Reform Act (GMRA) and provides contracting support to Federal Civilian and DOD Agencies.
If you are interested in this acquisition, you may participate by submitting your response in accordance with the instructions contained herein.
1.2 ANTICIPATED AWARD TYPE
The Government anticipates awarding a Firm-Fixed Price (FFP) contract with Cost Reimbursable (CR) Other Direct Costs (ODCs) as a result of this Request for Quote (RFQ). The Contract Line Item Numbers (CLINs) are identified below and described in Section 2.
1.3. PERIOD OF PERFORMANCE
The period of performance of this contract is a six (6) month base period and two (2), twelve (12) month option periods. Exercise of any of the option periods is contingent upon the Government’s need, availability of funding, and satisfactory performance by the Contractor. The anticipated period of performance is as follows:
Base Year: August 1, 2021 – February 1, 2022 Option Year 1: February 1, 2022 – January 31, 2023 Option Year 2: February 1, 2023 – January 31, 2024
1.4. PLACE(S) OF PERFORMANCE
The work will be predominantly performed at the Contractor site; however, contractor personnel may be required to attend meetings, either virtually or in-person at Government facilities. Meetings may be more frequent based on the complexity of the issue/project. These meetings may be conducted virtually, telephonically and or in-person at our Headquarters location:
Government Site:
Department of Health and Human Services Mary Switzer Building 330 C Street SW Suite 2200 (NIDILRR) Washington, DC 20201
1.5. HOURS OF OPERATION
Normal office working hours are 8 a.m. to 5 p.m., Monday through Friday. After hours, including weekend support may be required and should be anticipated during budget submissions.
Government facilities are normally closed on Federal holidays and during times of inclement weather.
During these times, Contractors will not be permitted to work at those facilities unless specifically authorized by the Government.
The Contractor shall not charge the Government for performance of work on Government Holidays or for any other kind of administrative leave authorized for acts of God (i.e. hurricanes, snowstorms, tornadoes, etc.), Presidential funerals, or any other unexpected Government closures, with the exception of work authorized as ad hoc telework, after hours, or weekend support.
The following Government Holidays are normally observed by Government personnel: New Year’s Day, Martin Luther King, Jr.’s Birthday, Presidential Inauguration Day (DC metropolitan area (including downtown Washington, DC), President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, Christmas Day and any other day designated by Federal Statute, Executive Order and/or Presidential Proclamation.
SECTION 2 – STATEMENT OF WORK
See attachment 1 – Statement of Work
SECTION 3 – GENERAL CONTRACT TERMS AND CONDITIONS
3.1. FEDERAL ACQUISITION REGULATIONS (FAR) PROVISIONS AND CLAUSES
The following clauses and provisions from the Federal Acquisition Regulations (FAR) are applicable to this requirement:
3.1.1 FAR 52.252-1, Solicitation Provisions Incorporated by Reference (Feb 1998)
This solicitation incorporates one or more 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. Also, the full text of a clause may be accessed electronically at this/these address(es):
http://www.acquisition.gov/comp/far/loadmainre.html
Provision Title Date 52.204-7 System for Award Management Oct 2018 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-
Representation Nov 2015
52.209-7 Information Regarding Responsibility Matters. Oct 2018 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a
Felony Conviction under any Federal Law.
Feb 2016
52.209-12 Certification Regarding Tax Matters. Oct 2020 52.212-1 Instructions to Offerors-Commercial Items Jun 2020 52.212-3 Offeror Representations and Certifications-Commercial Items, Alternate I Feb 2021 52.214-3 Amendments to Invitations for Bids Dec 2016 52.214-4 False Statements in Bids Apr 1984 52.214-5 Submission of Bids Dec 2016 52.214-6 Explanation to Prospective Bidders Apr 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids Nov 1999 52.214-10 Contract Award-Sealed Bidding. Jul 1990 52.214-34 Submission of Offers in the English Language Apr 1991 52.214-35 Submission of Offers in U.S. Currency Apr 1991 52.215-1 Instructions to Offerors-Competitive Acquisition Jan 2017
52.217-5 Evaluation of Options July 1990 52.219-1 Small Business Program Representations Nov 2020 52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or
Transactions Relating to Iran - Representation and Certifications.
Jun 2020
52.227-14 Rights in Data-General May 2014 52.232-38 Submission of Electronic Funds Transfer Information with Offer Jul 2013
3.1.2. FAR Provisions in Full Text
FAR 52.204-24 -- 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".
(d) Representation. The Offeror represents that—
(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—
It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand;
model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand;
model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(End of provision)
FAR 52.204-26 -- Covered Telecommunications Equipment or Services-Representation (OCT 2020)
(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".
(c)
(1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it □ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.
(End of provision)
FAR 52.212-2 -- Evaluation -- Commercial Items (OCT 2014)
(a) 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: SEE SECTION 5 of RFQ for evaluation factors
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of Provision)
FAR 52.212-3 -- Offeror Representations and Certifications-Commercial Items (OCT 2014) 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).
Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.
Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).
Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended."Sensitive technology"—
Sensitive technology—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
Service-disabled veteran-owned small business concern—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled 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—
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships.
SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
Small disadvantaged business concern, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—
(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.
(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 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) (i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product.
(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products.
(iii) The terms "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."
(2) Foreign End Products:
Line Item No. Country of Origin
[List as necessary]
(3) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.
(g) (1) Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.)
(i) (A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product.
(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."
(ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."
Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:
(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products.
Other Foreign End Products:
(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.
(2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":
Canadian End Products:
Line Item No.
(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements- Israeli Trade Act":
Canadian or Israeli End Products:
(4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or
Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":
Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:
(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)
(…
This is the start of the file's text. The full file is on GovTribe.
File details come from the government source that posted it. Updated .