Solicitation 1605C4-21-Q-00026.pdf

1605C4-21-Q-00026

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

08/17/2021 1645-AAM-21-NAT-0056

1 34

Customer Acquisition Services 200 Constitution Ave, NW S-4307

US Department of Labor

Washington DC 20210

Multiple

304 256-3215Aleisha Moore

08/23/2021 09:00 A.M. ES

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

This solicitation is being issued as a Request for Quote (RFQ), to provide services of Advisory Assistance for the Mine Safety & Health Administration (MSHA) in the Kayenta mining area per Statement of Work.

The U.S. Department of Labor, Mine Safety and Health Administration (MSHA), intends to establish a Fixed Price contract with a Contractor to complete all required work as set for the details provided in the attached Statement of Work (SOW). It is the responsibility of the Contractor to ensure that they build into their quoted price the entire project. If any part of the work will be subcontracted, the quote must reflect the tasks to be performed by both 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 34

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

1605C4-21-Q-00026 the prime and subcontractor.

This requirement is set aside for small disadvantaged businesses.

***Provisions 52.204-24 and 52.204-26, must be completed with submission of quote.***

Quotation Submission terms, requirements, and instructions are set forth in the continuation pages of this Request for Quotes (RFQ).

0001 Provide MSHA with the identification of Kayenta 12 MO mining area where the mining sector may expand operations under the new Presidential

Infrastructure Bill.

Product/Service Code: R418

0002 Communicate and network with unions, 12 MO apprenticeship programs, workforce development agencies, colleges and universities about MSHA recruitment and office infrastructure strategy.

Product/Service Code: R418

0003 Assist with implementation of Kayenta re-training 12 MO and Black Lung health strategies, where needed.

Product/Service Code: R418

0004 Work with Tribal Government on health services 12 MO coordination, coal miner health services, and other federal government services needed for miners, their families and the community.

Product/Service Code: R418

0005 Travel expenses 1 LO

Product/Service Code: V999

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

MINE SAFETY AND HEALTH ADMINISTRATION

STATEMENT OF WORK

1.0 Background

The mission of the Mine Safety and Health Administration (MSHA) is to protect the safety and health of the nation’s miners through the provisions of the Federal Mine Safety and Health Act of 1977 (Mine Act), the Miner Act of 2006 and to enforce compliance with mandatory safety and health standards as a means to eliminate fatal accidents; to reduce the frequency and severity of nonfatal accidents; to minimize health hazards; and to promote improved safety and health conditions in the Nation’s mines.

1.1 Objectives

The contractor will communicate and network with Tribal Governments concerning Black Lung cases in the Kayenta area. The contractor will determine, if an MSHA presence addressing coal health is beneficial, needed and welcomed.

The contractor will develop one to two MSHA position descriptions for Black Lung health work, as it relates to the Tribal Governments and community. The contractor will assist and on behalf of MSHA, work with Employment and Training Administration on Kayenta coal miner re-training program. Communicate and network with United Mine Workers of America concerning miner retraining and job placement specifically in the area of the Tribal Governments and tribal community.

1.2 Scope

Contractor personnel shall provide non-personal support personnel to participate in the communication and networking and liaise with Tribal Governments concerning Black Lung cases in the Kayenta area. The contractor will determine, if an MSHA presence addressing coal health is beneficial, needed and welcomed. The contractor will develop one to two MSHA position descriptions for Black Lung health work, as it relates to the Tribal Governments and community. The contractor will assist and on behalf of MSHA, work with Employment and Training Administration on Kayenta coal miner re-training program. Communicate and network with United Mine Workers of America concerning miner retraining and job placement specifically in the area of the Tribal Governments and tribal community.

The contractor may be required to travel within the United States during the performance of this contract. The contractor shall be authorized travel expenses consistent with the Joint Travel Regulation (JTR) and the limitation of funds specified in this contract. All travel requires Government approval/authorization and notification to the COR prior to travel.

The contractor shall participate in the development of and use measures of effectiveness and measures of performance development and analysis. The contractor will propose and build out new functions, processes, roles and structures to assist in mission critical work.

All proposals to the build out new functions will be submitted to the Contracting Officer’s Representative. The proposal(s) will be reviewed by a panel of MSHA leadership and approved prior to the build out of new work functions, processes, roles and structures.

The contractor agrees that the work products from the services provided to MSHA shall be owned by MSHA.

1.3 Period of Performance

The period of performance for this contract shall begin upon date of award. Work shall commence upon receipt of Notice to Proceed and be completed within 365 days. All work must be scheduled to complete within this timeframe.

1.4 Delivery Address

US Department of Labor Mine Safety and Health Administration 201 12th Street South

Arlington, VA 22202

1.4 Recognized Holidays

The Contractor is not required to perform services on the following holidays:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Juneteenth Day Christmas Day Independence Day

1.5 Contracting Officer Representative

The Contracting Officer Representative (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting contract.

The Contractor will in the performance of this requirement immediately notify the COR or the MSHA Point of Contact if the time and/or service obligations of this contract cannot be met due to inclement weather, civil disturbances, equipment failure, illness, etc.

1.6 Place of Performance

May be within multiple locations.

1.7 Security Requirements

Contractor staffs are required to conform to MSHA's security and privacy requirements as described below.

1.8 Computer Security Contractor is required to conform to DOL MSHA security and privacy requirements.

1.9 Privacy

Portions of information disclosed during the performance of this task are protected by the provisions of the Privacy Act of 1974; therefore, all personnel assigned to this Contract are required to take proper precautions to protect the information from disclosure.

1.10 Commitment to Protect Sensitive Information

The Contractor shall not release, publish, or disclose sensitive information to unauthorized personnel, and shall protect such information in accordance with provisions of the following laws and any other pertinent laws and regulations governing the confidentiality of sensitive information: 18 U.S.C. 641 (Criminal Code: Public Money, Property or Records)

1.11 Conflict of Interest

The contractor shall not employ any person who is an Employee of the United States Government if that employment would appear to cause a conflict of interest.

2. Definitions and Acronyms

2.1 Definitions

2.1.1 Contractor

A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime. The prime Contractor shall ensure that the subcontractors comply with the terms and conditions of this contract.

2.1.2 Contracting Officer

A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3 Contracting Officer's Representative (COR)

An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4 Deliverable

Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

2.1.5 Subcontractor

One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

3. Government Furnished Property, Equipment and Services

3.1 Facilities The Government will provide the following.

3.1.2 Government Furnished Space

The Government agrees to grant to the Contractor for the stipulated period, subject to the contract requirements and conditions herein, Government will provide space for operations under the contract, as set forth herein, space as it may deem necessary or desirable.

4. Contractor Furnished Items and Services

4.0 General The Contractor shall furnish all services required to perform work under this contract that are not listed under Section 3 of this PWS.

4.1 In pursuance of the statement of work described, the contractor shall furnish all necessary personnel and materials required to perform the tasks under these requirements.

5.0 Deliverables / Schedule:

Deliverables/Deliverable Schedule In fulfillment of this effort, the Contractor shall provide the following deliverables.

All deliverables shall be submitted to the COTR, unless otherwise agreed upon.

Unless otherwise specified, the Government will have a maximum of ten (10) working days from the day the draft deliverable is received to review the document, provide comments back to the contractor, approve or disapprove the deliverable(s). The contractor will also have a maximum of ten (10) working days from the day comments are received to incorporate all changes and submit the final deliverable to the Government. All days identified below are intended to be workdays unless otherwise specified.

5.1 Project Plan

The contractor shall prepare a Project Plan describing the technical approach, organizational resources and management controls to be employed to meet the cost, performance and schedule requirements for this effort. The Project Plan shall detail the key activities and milestones, distance learning technology, allocation of staff and other resources necessary for successful completion of this effort. The COR shall receive the original and any revisions to the Project Plan in electronic form, Microsoft Word. Based on the Project Plan, the COR will provide approval to move forward on activities planned. The contractor shall request prior approval on all activities not included in the plan or any modifications to the plan after approval has been given/set. The initial / proposed Project Plan is due within seven business days from date of award.

5.2 Monthly Status Report

The contractor shall document the efforts performed in the completion of each task in a detailed Monthly Status Report due on or before the 10th of each month. The status report shall include, at a minimum:

• Progress for the period: detailed progress report of findings, activities and accomplishments during the reporting period, and summary of work accomplished during the reporting period and percent complete.

• Activities planned for the next reporting period: planned activities, as well as the status of any/all deliverables, including planned delivery date(s) and actual and/or anticipated delivery date(s).

• Problems encountered: identification of any problems, issues or delays and recommendations as to their resolution, and any corrective action that was taken to correct identified problems.

• Strategy revisions: recommended changes to include any lessons learned

5.3 Final Report

The contractor shall provide a final report, to the COR, at the conclusion of this effort. The report will summarize objectives achieved, significant issues, problems and recommendations to improve the process in the future.

Submission of the final report shall be no later than up to 30 days after the end of the period of performance.

Key Deliverables

Item No.

Deliverable

Objective

Due

1 Proposed Project Plan

Defining the responsibilities, timeline, risks, and milestones of contract objectives. Ref Task 5.1.

No later than seven

(7) business days after contract award

2 Monthly Status Report

Report documenting tasks, updates and issues monthly.

Ref. Task 5.2

The 10th day of each month after contract award

3 Final Report

Report documenting the entire project, to include providing

Up to 30 days after the end of the period

REQUIRED QUOTE CONTENTS:

RFQ INSTRUCTIONS:

ADDENDUM TO 52.212-1 INSTRUCTIONS–TO VENDORS

Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same application and effect as if they were listed in full text.

RFQ SUBMISSION: The Vendor’s quote shall consist of one digital copy of each volume. The required Volumes consist of:

1) Volume I – Technical Capability

2) Volume II – Past Performance

3) Volume III – Price

Quotes shall be clearly indexed and logically assembled. Each volume shall be appropriately numbered and easily identified with the date and solicitation number in the header and/or footer and shall begin at the top of each page.

The page count requirements can be seen below.

Quote Part Page Count Executive Summary

This high-level overview of the quote/contractor and shall not exceed 2 pages.

Volume I – Technical Capability Narrative

Excluding covers, title pages, executive summaries, and table of contents, the text of the technical portion of the quote shall not exceed 7 pages. Charts are not counted toward the 7 page limit.

Volume II – Past Performance No Page Limitation

Volume III – Price No Page Limitation

Questions regarding the solicitation must be submitted in writing to) Aleisha Moore via email at Moore.Aleisha@DOL.GOV. Questions must be submitted not later than Thursday, August 19, 2021 at 9:00 am (EST).

Question responses will be electronically issued by amendment, only, to the RFQ. TELEPHONE QUESTIONS OR

INQUIRIES WILL NOT BE ACCEPTED.

EVALUATION FACTORS

The Government intends to award a contract to the Offeror whose quote for the services described herein conforms to the solicitation and represents the overall best value to the Government based on evaluation of the following factors:

recommendations.

Ref Task 5.3 of performance

1. Factor 1 – Technical Capability

Subfactor 1: Understanding of the Requirements

The Government will evaluate the degree to which the technical and management approach demonstrates a thorough understanding of the requirements and provides a viable plan and means for successful completion, including staffing, training, methodology for completion of the work, and quality assurance procedures.

Subfactor 2: Quality Control Plan The Government will evaluate the extent to which the Offeror’s plan is found to have an adequate approach and understanding of a sound and realistic quality control that can be readily maintained over the life of the contract.

Additionally, the Government will evaluate the plan to the extent which the plan contains problem solving techniques and corrective action methodologies that are adequate in their approach and understanding as required to ensure SOW requirements will be met.

Subfactor 3: Staffing Plan The Government will evaluate the staffing plan to ensure it includes an adequate description of the total work force (including subcontractors) that will be used to perform all services described in the PWS and what role each individual is assigned, job titles and descriptions. The Staffing Plan will be evaluated to ensure the inclusion of an organizational chart with all proposed personnel, including the supervisor level, functional responsibilities, key personnel, and other staff members who will provide services under this contract are sufficient to perform the work outlined in the PWS

2. Factor 2 – Past Performance

The evaluation of Past Performance is a subjective assessment of the Offeror's Past Performance on contracts of a similar nature, size, scope, and complexity, utilizing a comparable number of personnel with like skills. The Government will consider the Offeror's previous and current record of contractual performance.

The Government will consider the Offeror's experience and performance in providing services consistent with the scope and complexity of our requirement during the last three calendar years. The Government will assess the Offeror to determine whether the firm displays the depth and breadth of experience necessary to demonstrate a satisfactory history of performance relative to the solicitation requirements in the Scope of Work.

The Offeror’s Past Performance will be evaluated based upon information provided in the Past Performance Questionnaire (Attachment 1).

The Past Performance Questionnaire MUST be completed by each reference and submitted by the closing date of the solicitation. All references SHALL complete the attached Questionnaire and submit it to Aleisha Moore via email at Moore.Aleisha@DOL.GOV.

The Government will evaluate the quality of the offeror's past performance deemed relevant to the requirements of this RFQ. The Government will use information submitted by the offeror and any other sources of information available to assess past performance. The Government will evaluate past performance on an Acceptable/Unacceptable basis as follows:

■ Acceptable: Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.

■ Unacceptable: Based on the offeror’s performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort.

NOTE: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror shall be determined to have unknown (or “neutral”) past performance.

3. Factor 3 – Price The Government will evaluate the proposed pricing for completeness and accuracy. Additionally, the pricing will be evaluated for fair and reasonableness. All proposed prices shall include all anticipated costs to fully perform all objectives as stated in the SOW.

BASIS FOR AWARD

All Sub factors under Factor 1 will be rated equal in importance. Demonstrated Technical Capability (Factor 1) is more significantly important overall than Past Performance (Factor 2). When combined, Demonstrated Technical Capability and Past Performance are significantly more important than Price (Factor 3). The Government will not make an award at a significantly higher overall cost to the Government to achieve only slightly superior technical capability. As the technical merits of competing proposals become comparable, price will become more important in any trade off decisions.

SOLICITATION PROVISIONS

52.204-13 System for Award Management Maintenance. (OCT 2018)

52.204-16 Commercial and Government Entity Code Reporting. (JUL 2016)

52.204-18 Commercial and Government Entity Code Maintenance. (JUL 2016)

52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 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 the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision-

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) Representations. 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 know

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

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

(ii) For covered services

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

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

(End of Provision)

52.204-26 Covered Telecommunications Equipment or Services-Representation. (DEC 2019)

(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.

(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) 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.

(End of Provision)

52.209-2 Prohibition on Contracting With Inverted Domestic Corporations-Representation. (NOV 2015)

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

52.219-1 Small Business Program Representations. (OCT 2014)

(a) Definitions. As used in this provision-"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 concern eligible under the WOSB Program.

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 the size standard in paragraph (b) of this provision.

(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 with 13 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 at 13 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 CFR 124.104(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.

"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 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 least 51 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.

"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.

(b) (1) The North American Industry Classification System (NAICS) code for this acquisition is– 541611.

(2) The small business size standard is 16.5 million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture (i.e., nonmanufacturer), is 500 employees

(c) Representations.

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

(2) [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 CFR 124.1002.

(3) [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 women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(3) of this provision.] The offeror represents as part of its offer 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)(4)(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.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (c)(4) of this provision.] The offeror represents as part of its offer that-

(i) It □ is, □ is not an EDWOSB 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)(5)(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.

(6) [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.

(7) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a service-disabled veteran-owned small business concern.

(8) [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)(8)(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) Under 15 U.S.C.645(d), any person who misrepresents a firm’s status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall-

(1) Be punished by imposition of fine, imprisonment, or both;

(2) Be subject to administrative remedies, including suspension and debarment; and

(3) Be ineligible for participation in programs conducted under the authority of the Act.

(End of provision)

52.214-34 Submission of Offers in the English Language. (APR 1991)

52.214-35 Submission of Offers in U.S. Currency. (APR 1991)

52.216-1 Type of Contract. (APR 1984)

The Government contemplates award of a Firm-Fixed Price contract resulting from this solicitation.

(End of provision)

SOLICITATION CLAUSES

52.252-2 Clauses Incorporated by Reference. (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address:

https://www.acquisition.gov/browse/index/far

NUMBER TITLE DATE

52.202-1 DEFINITIONS NOV 2013

52.203-3 GRATUITIES APR 1984

52.203-7 ANTI-KICKBACK PROCEDURES MAY

52.203-8 CANCELLATION, RESCISSION, AND

RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY

MAY2014

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL

OR IMPROPER ACTIVITY

MAY

52.203-18 LIMITATION ON PAYMENTS TO INFLUENCE

CERTAIN FEDERAL TRANSACTIONS

OCT 2010

52.203-18 PROHIBITION ON CONTRACTING WITH

ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR REPRESENTATION

JAN 2017

52.204-2 SECURITY REQUIREMENTS AUG 1996

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

RECYCLED PAPER

MAY 2011

52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2018

52.204-13 SYSTEM FOR AWARD MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY

CODE MAINTENANCE

JUL 2016

52. 204-19 INCORPORATION BY REFERENCE OF DEC 2014

52.212-1 INSTRUCTIONS TO OFFERORS –

COMMERCIAL ITEMS

OCT 2018

52.212-4 CONTRACT TERMS AND CONDITIONS--

COMMERCIAL ITEMS

OCT 2018

52.223-6 DRUG-FREE WORKPLACE MAY 2001

52.224-1 PRIVACY ACT NOTIFICATION APR 1984

52.224-2 PRIVACY ACT APR 1984

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES JUN 2008

52.227-1 AUTHORIZATION AND CONSENT DEC 2007

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND

COPYRIGHT INFRINGEMENT

DEC 2007

52.229-3 FEDERAL, STATE, AND LOCAL TAXES FEB 2013

52.232-1 PAYMENTS APR 1984

52.232-8 DISCOUNTS FOR PROMPT PAYMENT FEB 2002

52.232-11 EXTRAS APR 1984

52.232-17 INTEREST MAY 2014

52.232-18 AVAILABILITY OF FUNDS APR 1984

52.232-23 ASSIGNMENT OF CLAIMS MAY 2014

52.232-25 PROMPT PAYMENT JAN 2017

52.232-37 MULTIPLE PAYMENT ARRANGEMENTS MAY 1999

52.233-1 DISPUTES MAY 2014

52.237-3 CONTINUITY OF SERVICES JAN 1991

52.242-13 BANKRUPTCY

JUL 1995

52.244-6A SUBCONTRACTS FOR COMMERCIAL

ITEMS

JAN 2019

ALTERNAT

E I (MAR

2015)

52.246-25 LIMITATION OF LIABILITY--SERVICES FEB 1997

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT APR 2012

52.253-1 COMPUTER GENERATED FORMS JAN 1991

52.202-1 Definitions. JUN 2020

52.203-5 Covenant Against Contingent Fees. MAY 2014

52.203-7 Anti-Kickback Procedures. JUN 2020

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights.

JUN 2020

52.222-17 Reserved

52.222-50 Combating Trafficking in Persons. OCT 2020

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving.

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases. FEB 2021

52.227-14 Rights in Data-General. MAY 2014 - Alternate III

DEC 2007

52.232-33 Payment by Electronic Funds Transfer –

System for Award Management. OCT 2018

52.232-34 Payment by Electronic Funds Transfer – Other than System for Award Management.

JUL 2013

(a) Method of payment. (1) All payments by the Government under this contract shall be made by electronic funds transfer (EFT) except as provided in paragraph (a)(2) of this clause. As used in this clause, the term "EFT" refers to the funds transferand may also include the payment information transfer.

(2) In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either-

(i) Accept payment by check or some other mutually agreeable method of payment; or

(ii) Request the Government to extend payment due dates until such time as the Government makes payment by EFT (but see paragraph (d) of this clause).

(b) Mandatory submission of Contractor's EFT information. (1) The Contractor is required to provide the Government with the information required to make payment by EFT (see paragraph (j) of this clause).

The Contractor shall provide this information directly to the office designated in this contract to receive that information (hereafter: "designated office") by [the Contracting Officer shall insert date, days after award, days before first request, the date specified for receipt of offers if the provision at 52.232-38 is utilized, or "concurrent with first request" as prescribed by the head of the agency; if not prescribed, insert "no later than 15 days prior to submission of the first request for payment"]. If not otherwise specified in this contract, the payment office is the designated office for receipt of the Contractor's EFT information. If more than one designated office is named for the contract, the Contractor shall provide a separate notice to each office. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the designated office(s).

(2) If the Contractor provides EFT information applicable to multiple contracts, the Contractor shall specifically state the applicability of this EFT information in terms acceptable to the designated office.

However, EFT information supplied to a designated office shall be applicable only to contracts that identify that designated office as the office to receive EFT information for that contract.

(c) Mechanisms for EFT payment. The Government may make payment by EFT through either the

Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR part 210.

(d) Suspension of payment. (1) The Government is not required to make any payment under this contract until after receipt, by the designated office, of the correct EFT payment information from the Contractor. Until receipt of the correct EFT information, any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply.

(2) If the EFT information changes after submission of correct EFT information, the Government shall begin using the changed EFT information no later than 30 days after its receipt by the designated office to the extent payment is made by EFT. However, the Contractor may request that no further payments be made until the updated EFT information is implemented by the payment office. If such suspension would result in a late payment under the prompt payment terms of this contract, the Contractor's request for suspension shall extend the due date for payment by the number of days of the suspension.

(e) Liability for uncompleted or erroneous transfers. (1) If an uncompleted or erroneous transfer occurs because the Government used the Contractor's EFT information incorrectly, the Government remains responsible for-

(i) Making a correct payment;

(ii) Paying any prompt payment penalty due; and

(iii) Recovering any erroneously directed funds.

(2) If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was incorrect, or was revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve System, and-

(i) If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or

(ii) If the funds remain under the control of the payment office, the Government shall not make payment and the provisions of paragraph (d) shall apply.

(f) EFT and prompt payment. A payment shall be deemed to have been made in a timely manner in accordance with the prompt payment terms of this contract if, in the EFT payment transaction instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System.

(g) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, the Contractor shall require as a condition of any such assignment, that the assignee shall provide the EFT information required by paragraph (j) of this clause to the designated office, and shall be paid by EFT in accordance with the terms of this clause. In all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of paragraph (d) of this clause.

(h) Liability for change of EFT information by financial agent. The Government is not liable for errors resulting from changes to EFT information provided by the Contractor's financial agent.

(i) Payment information. The payment or disbursing office shall forward to the Contractor available payment information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve System.