Sol_140P8321Q0024.pdf

140P8321Q0024

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

04/09/2021 0040528733

1 25

600 E. Park Avenue Port Angeles WA 98362-6757

NPS, PWR - OLYM MABO

11/15/2021

NPS, San Juan Island NHP

Ste. 100 650 Mullis Street

Friday Harbor

WA 98250

509 754-7817Katheryn Camacho

04/26/2021 1700 PS

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

The National Park Service, San Juan Island National Historical Park is Requesting Quotes for Short-Term Rental of Residential Real Property in Friday Harbor, WA.

See full details of the Scope of Work, Specifications and Terms and Conditions attached.

Quote must be good for 45 days after RFQ closing date.

Quoter shall fill in the information below and boxes 13a-f, 14, 15, and 16a-c of this form

(SF18).

Legacy Doc #: NPS

00010 Temporary Housing Rental-Short-Term rental of Continued ...

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 25

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140P8321Q0024 furnished residential space, as described in solicitation (RFQ 140P8321Q0024)

Rental Rate per month Furnished:

Rental Rate per month Unfurnished:

Cleaning Fee per each Cleaning:

For Six(6) Months, with option to extend up to an additional Six(6) Months, (term not to exceed 364 days)

Product/Service Code: X1FZ

Product/Service Description: LEASE/RENTAL OF

OTHER RESIDENTIAL BUILDINGS

Delivery: 11/15/2021

00020 Temporary Housing Rental-Short-Term rental of furnished residential space, as described in solicitation (RFQ 140P8321Q0024)

Rental Rate per month Furnished:

Rental Rate per month Unfurnished:

Cleaning Fee per each Cleaning:

For Six(6) Months, with option to extend up to an additional Six(6) Months, (term not to exceed 364 days)

Product/Service Code: X1FZ

Product/Service Description: LEASE/RENTAL OF

OTHER RESIDENTIAL BUILDINGS

Delivery: 11/15/2021

00030 Temporary Housing Rental-Short-Term rental of furnished residential space, as described in solicitation (RFQ 140P8321Q0024)

Rental Rate per month Furnished:

Rental Rate per month Unfurnished:

Cleaning Fee per each Cleaning:

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 25

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140P8321Q0024

For Six(6) Months, with option to extend up to an additional Six(6) Months, (term not to exceed 364 days)

Product/Service Code: X1FZ

Product/Service Description: LEASE/RENTAL OF

OTHER RESIDENTIAL BUILDINGS

Delivery: 11/15/2021

00040 Temporary Housing Rental-Short-Term rental of furnished residential space, as described in solicitation (RFQ 140P8321Q0024)

Rental Rate per month Furnished:

Rental Rate per month Unfurnished:

Cleaning Fee per each Cleaning:

For Six(6) Months, with option to extend up to an additional Six(6) Months, (term not to exceed 364 days)

Product/Service Code: X1FZ

Product/Service Description: LEASE/RENTAL OF

OTHER RESIDENTIAL BUILDINGS

Delivery: 11/15/2021

INVOICE AND PAYMENT: Payment will be made by

Electronic Funds Transfer on a NET-30 basis.

Invoice(s) shall be prepared and submitted electronically through the Invoice Processing

Platform (IPP) system. Contractor shall upload their BUSINESS INVOICE as an attachment to their

IPP invoice before clicking "submit." Your IPP invoice may be rejected if your business invoice is not uploaded. Refer to the IPP clause incorporated into this contract. Contact Katheryn

Camacho at 509-609-0362 or email katheryn_camacho@nps.gov for invoice/payment information.

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

140P8321Q0024- Short-Term Residential Rental San Juan Island, NHP

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-05, 03-10-2021. It is the contractor’s responsibility to be familiar with applicable clauses and provisions. Clauses and provisions can be found at https://www.acquisition.gov/far/52. The solicitation number is 140P8321Q0024 and the solicitation is issued as a Request for Quotation (RFQ). The NAICS code: 531110 Lessors of residential buildings contractors, with a small business size standard of $30 million average annual gross receipts for the past three years. This solicitation is a 100% total small business set-aside, and will result in a firm fixed price contract to a single vendor determined to be responsive and responsible. Also, interested quoters must be registered in the System for Award Management (SAM) database to submit a quote. If the quoter is not registered in SAM, they may do so through the SAM website: https://www.sam.gov/.

01 DESCRIPTION. The National Park Service (NPS), San Juan Island National Historic Park (SAJH), Washington State, has a requirement for Temporary Housing Rental, Short-Term Rental of Residential Real Property. Place of service shall be in or near the town of Friday Harbor on the San Juan Island, WA.

02 STATEMEN OF WORK. Short-Term Rental of Residential Real Property in or near the town of Friday Harbor on San Juan Island, WA. The space is to be used to meet demand for park housing for NPS employees and seasonal program personnel and interns. The park has several requirements and is seeking to rent residential space for occupancy starting approximately May 1, 2021, for a term of approximately six months with option to extend, however, not to exceed 364 days.

Additionally, the park will need to replace housing that is currently being occupied, for a period starting May 15, 2021, for a term of approximately six months with option to extend but term not to exceed (364 days). The rentable spaces can be a variety of housing-type units that can accommodate both permanent and seasonal employees.

To comply with NPS guidance related to COVID-19 and shared housing, multi-occupancy units will require one bathroom per bedroom (i.e., 2 bed / 2 bath) and can be apartment, duplex, or single-family home. Single occupancy units for individuals such as single or multi-bedroom apartments / condominiums. Monthly utilities (water, sewer, trash) must be included in all offers.

Furniture (beds, nightstands, common area seating, dining table / chairs / barstool, etc.) must be included as an option for multi-occupancy units.

The residential spaces must be located on San Juan Island in or near the town of Friday Harbor, Washington State, 98250.

Additional specifications, elements and amenities include but are not limited to, the following:

A. Services and utilities to be provided by Lessor and included in monthly rental rate (water, power, garbage, sewer, propane, etc.):

1. Bulbs (lamps) in permanent light fixtures.

2. Yard maintenance

3. Trash removal service

4. Water and sewer service

5. Electricity

6. Heat

B. Mandatory Furnishings to be provided by Lessor at no additional charge:

1. Standard appliances (oven, refrigerator).

2. Desired appliances, if available (washing machine, dryer, microwave).

C. Optional Furnishings that could be provided by Lessor at no additional charge:

1. Beds and bed frames in each bedroom

2. Dresser or closet in each bedroom

3. Couches and chairs for sitting room

4. Table and chairs suitable for dining.

5. Personal items and instruments such as dishes, pots, bedding and towels, etc.

https://www.acquisition.gov/far/52 https://www.sam.gov/

140P8320Q0022- Short-Term Residential Rental San Juan Island, NHP

D. Lead paint disclosure requirements: Title X, Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992, requires the disclosure of known information about lead-based paint and lead-based paint hazards. A written notice of disclosure of known lead-based paint in housing built before 1978 is required. The Lessor will complete and sign the Lead-Based Paint Disclosure (Form 97).

E. Asbestos: The rental space must be free of all asbestos-containing materials and other hazardous materials, and comply with Federal, State, and local environmental laws and regulations.

F. Fire and safety compliance: The rental space must meet or exceed the local code requirements and must contain fire protection devices, such as smoke detectors and automatic sprinkler systems.

G. Additional Rental Requirements and Information:

Any purchase order/contract written for this requirement will incorporate a rental agreement describing selected property and contents and will include the following elements:

1. Keys: Lessor to provide sufficient number of keys to tenants or an NPS employee identified to assign to tenants (number depends on # of rooms/tenants). Keys will be returned by NPS at the end of the rental period.

2. Inspections: Pre-occupancy and post-occupancy inspections will be made by Lessor and NPS. A written record of the house condition, cleanliness, and operability of smoke detectors will be completed during this walk-through, signed by both parties, Lessor and NPS.

3. Mutual agreement will be arrived at regarding “normal wear and tear” during the inspection. Date of walk- through to be mutually agreed upon and scheduled by NPS and Lessor.

4. Cleaning: Unit will be clean and ready for occupation before rental period begins. Lessor to assure that the rental unit is cleaned between individual occupancies (number of individual cleanings is dependent on number and timing of tenants during the rental term).

5. Maintenance: Lessor will be responsible for all customary repair and maintenance needs during the rental period. The NPS should notify the Lessor and/or Agent immediately upon noticing any needed repairs or damage. No repairs or alterations to the premises are to be undertaken by the NPS, its employees, or the tenants without the written consent of the Lessors.

6. Invoice and Payment: The Lessor or Agent will invoice for the rental unit for each monthly period and payment will be made monthly at rates agreed to upon receipt of proper invoice. Invoices may be issued at the beginning of each month per the following procedures:

Invoices shall be submitted to the U.S. Department of the Treasury's Internet Payment Platform System (IPP);

https://www.ipp.gov in accordance with the clause included in the clauses section (refer to IPP instructions in clauses section below). Payment will be by electronic funds transfer to the contractor’s bank account identified in their System for Award Management (SAM) record (www.SAM.gov).

7. Damage Deposit: Federal policy and lease law prohibit NPS from paying a deposit, which would be refunded if the unit is not damaged during occupancy. Instead, the Government discharges obligations of this nature under the provisions of the Federal Tort Claims Act, 28 U.S.C. § § 1346 (b), 2671 et seq., which provides for the payment of money damages for personal injuries or property damage caused by the wrongful or negligent act or omission of any employee of the United States while acting within the course of his/her employment. In the unlikely event the lessor needs to file a claim for reimbursement of damages, the Contracting Officer will provide the necessary forms and assist the lessor in filing the forms.

Additionally, the NPS will agree to the following conditions:

8. NPS shall keep and maintain the premises in a clean, orderly and sanitary condition at all times during the terms of this rental period and on the termination of the tenancy shall surrender the premises to the Lessor in as good condition as when received, ordinary wear excepted.

9. Smoking is prohibited at all times in the rental unit.

http://www.ipp.gov/

10. No domestic animals are allowed on the premises without prior written permission from the Lessor. Tenant will be responsible for repair of any damage done by above mentioned animals.

11. NPS agrees to promptly vacate the premises in the event of failure to comply with agreement.

12. NPS will pay for any breakage and for damages done to furniture, appliances, fixtures, carpets and windows or to the building per the Federal Tort Claims procedures identified above. The NPS is not responsible for replacing appliances, fixtures, furniture, carpets and windows that have exceeded their life expectancy and fail due to normal wear and tear.

13. No changes in fixtures, wiring or alteration to premises will be permitted without written permission of Lessor.

14. NPS tenants will refrain from activities that would clog pipes (water and sewer).

15. The above items will be incorporated so long as no provision in said lease violates local laws or Federal law.

03 PRICE SCHEDULE

The prices quoted shall include.

1) Price to include Rental Rate $ per month, Furnished.

Price to include Rental Rate $ per month, Unfurnished.

Price to include Rate: $ per cleaning (if applicable).

2) Rental space information to include: Unit address; Number of Bedrooms, Number of Bathrooms, Space area (in sq. ft.); List of utilities, furnishings and amenities included in the monthly rental rate. Documentation shall provide ample description of unit details (list of features, brochure, photos, etc.) showing that offered space meets requirements for specifications and characteristics listed above.

3) Availability dates.

04 DIAR 1452.201-70 Authorities and Delegations (SEPT 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum.

The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

05 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS- Invoice Processing Platform (IPP) (Apr 2013) Payment will be made after receiving all required items.

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice: Vendor’s business invoice (upload your business invoice as an attachment to the IPP invoice before you click “submit” in IPP). Vendor’s failure to attach the required documentation will result in the IPP invoice being rejected.

NOTE: Content of a proper invoice shall include the following, in accordance with Federal Acquisition Regulation 32.9 – Prompt Payment:

(a) Name and address of the contractor.

(b) Invoice date and invoice number (Contractors should date invoices as close as possible to the date of mailing or transmission).

(c) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number).

(d) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

(e) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.

(f) Name and address of contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

(g) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 - 5 business days of the contract award date.

Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation The National Park Service is a Federal Government agency exempt from state and local sales tax, Tax Exempt ID#140001849.

06 BASIS FOR AWARD DECISION. NPS will select a quote that represents the best overall value to the government based on the past performance, relevant experience and schedule/plan of action. The Government may elect to accept other than the lowest-priced quote when the perceived benefits of a higher-priced quote merit the additional costs.

07 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: Conformance to Past Performance, relevant experience and schedule/plan of action are approximately equal when compared to price.

(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.

08 EVALUTION FACTORS. Evaluation will be conducted using simplified acquisition procedures described in FAR Part 13 and will be solely on the quote and its associated documents. Review list below to ensure your quote is complete. The following factors listed in descending order of importance will be used to evaluate quotes.

1. Price: A price evaluation will be performed to determine the reasonableness of the proposed price. Reasonableness will be determined considering other competitive prices received and/or may be compared to past history of similar purchases.

2. Technical Capability/Experience: Unit specifications and features (conformance to requirements and usefulness for our intended usage); Provide Relevant Experience of the firm. Experience is the direct participation in comparable projects including, but not limited to satisfactory completions of projects similar or broader in scope. NOTE: if the quoter will be subcontracting the service, the experience must be provided from both the quoter’s experience and subcontractor’s experience. Provide the following for each project:

BE SURE TO NOTE WHO THE EXPERIENCE REFERS TO. IF YOU ARE PROVIDING THE SUBCONTRACTOR’S

EXPERIENCE, NOTE THE SUBCONTRACTOR’S NAME FOR THAT PARTICULAR EXPERIENCE. IF THS

INFORMATION IS NOT CLEAR, THE EXPERIENCE WILL BE LISTED AS UNACCEPTABLE.

3. Past Performance: Of the quoter on projects similar in scope and complexity. The Government may contact sources listed by the quoter and/or other sources of information including but not limited to, Federal, State and Local governments, Better Business Bureaus, published media and electronic databases to verify the information provided in your quote. Provide at least three but nor more than five professional references of customer/clients for which you have performed the same or similar type of work in the past three years. Include for each reference the customer/client’s company name and address, point of contact, phone number, email address, brief description of the service provided, period of performance dates and job/project value. Past Performance Inquiries: Business relations skills – capable, reasonable, committed to customer satisfaction and cooperative during the performance period. The Government may contact sources listed by the quoter and/or other sources of information including, but not limited to, Federal, State and Local governments, better business bureaus, published media and electronic databases to verify the information provided in your quote.

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

(Oct2020) 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.

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

(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.

10 FEDERAL ACQUISITION REGULATION (FAR) AND DEPARTMENT OF INTERIOR ACQUISITION

REGULATION (DIAR) CLAUSES THAT ARE APART OF RESULTING PURCHASE ORDER. This RFQ and resulting 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): www.acquisition.gov/FAR

Clause Title Date 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements

Or Statements Jan 2017 52.204-13 System for Award Management Maintenance Oct 2018 52.204-19 Incorporation by Reference of Representations and Certifications Dec 2014 52.212-1 Instructions to Offerors - Commercial Items Jun 2020 https://www.sam.gov/

52.212-4 Contract Terms and Conditions—Commercial Items Oct 2018 52.232-39 Unenforceability of Unauthorized Obligations Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors Dec 2013

11 FAR 52.212-3 Offeror Representations and Certifications-Commercials Items (Feb2021) 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 https://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_204_25 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_204_25

(6) Have been voluntarily suspended."Sensitive technology"— Sensitive technology—

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

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

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

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

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

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

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

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly 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 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://www.sam.gov/ 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,…