Solicitation 47PC0723R0002 - IRS Temporary Classroom and Training Space - Ponce PR.pdf

IRS Temporary Classroom Solicitation

SOLICITATION NUMBER: 47PC0723R0002

SERVICE: IRS Temporary Classroom and Training Space

LOCATION(S): Ponce, Puerto Rico

PERIOD OF PERFORMANCE:

BASE PERIOD SEPTEMBER 11, 2023 – DECEMBER 13, 2023

OPTION PERIOD I OCTOBER 10, 2023 – JANUARY 12, 2024

SOLICITATION ISSUE DATE: June 20, 2023

OFFER RECEIPT DATE/TIME: July 21, 2023, 5:00PM Atlantic Standard Time

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TABLE OF CONTENTS

A. Solicitation/Contract Form

B. Services, Ordering and Prices

C. Description/Specifications/Statement of Work

D. Packaging and Marking

E. Inspection and Acceptance

F. Deliveries or Performance

G. Contract Administration Data

H. Special Contract Requirements

I. Contract Clauses

J. List of Attachments (List of documents, exhibits and other attachments)

K. Representations, Certifications, and Other Statements of Bidders/Offerors

L. Instructions, Conditions, and Notice to Bidders/Offeror

M. Evaluation Factors for Award

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A. SOLICITATION/CONTRACT FORM

A.1 STANDARD FORMS:

The award for this project will be issued on a GSA300.

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B. SERVICES, ORDERING AND PRICES

B.1 Description of Services:

The Government requires classroom and training space in Ponce, PR in accordance with the requirements and standards as described in this solicitation. The government seeks a training space that includes support areas including break rooms, restrooms, and parking. A food court or cafeteria should be nearby, within approximately a half-mile.

The base requirement is to provide training space for Monday, September 11, 2023 - Monday, December 11, 2023, 8am - 6pm, excluding weekends and federal holidays.

● An instructors’ room (or rooms) accommodating 6 instructors will be required for the entire base period, Monday, September 11, 2023 - Monday, December 11.

● Two multipurpose rooms (or a similar arrangement) accommodating 180 students total will be required for the first two days, from Monday, September 11, 2023 - Tuesday, September 12, 2023.

● Six classrooms accommodating 30 students and 1 instructor each will be required from the third day until the end of the base period, which is Wednesday, September 13, 2023 - Monday, December 11, 2023.

● Parking to fit 180 students and 6 instructors will be required throughout the base period.

In addition to this base requirement, the government may require the following option for additional training space from Tuesday, October 10, 2023 - Friday, January 19, 2024, 8am - 6pm, excluding weekends and federal holidays. If the government exercises the option, these requirements would be in addition to the requirements of the base period.

● An instructors’ room (or rooms) accommodating 6 instructors will be required for the entire option period, Tuesday, October 10, 2023 - Friday, January 19, 2024.

● Two multipurpose rooms, or a similar arrangement, accommodating up to 180 students will be required for the first two days, from Tuesday, October 10, 2023 - Wednesday, October 11, 2023.

● Up to six classrooms accommodating 30 students and 1 instructor each will be required from the third day until the end of the option period, which is Thursday, Oct. 12, 2023 - Friday, Jan 19, 2024.

● Parking to fit up to 180 students and 6 instructors will be required throughout the option period.

The vendor is responsible for all building operations including utilities, and for maintaining a clean, usable training space that meets the needs of the government. The vendor is also responsible for custodial and trash/debris removal services and all miscellaneous work associated with facility management at the building. Additional details on requirements are included in Section C.

*** Provide pricing on the attached Price Sheet.xls ***

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C. DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 Objectives and Scope

C.1.1 - Base and Optional Service Requirements

The Internal Revenue Service (IRS) is interested in renting a minimum of six, potentially up to twelve classrooms accommodating 30 students each plus an instructor, as well as supporting common areas such as break and restrooms and parking for all IRS employees as well as multipurpose rooms for onboarding, as follows.

● Base Contract - Monday, September 11, 2023 - Monday, December 11, 2023, 8am - 6pm, excluding weekends and federal holidays. The room requirements are as follows:

o Provide two (2) large multipurpose rooms (e. g. theater or amphitheater) to accommodate a minimum of 90 employees each during the first two days, from Monday, September 11, 2023 - Tuesday, September 12 2023. Please note that alternative arrangements may be acceptable, such a single room large enough to accommodate 180 students separated into two sections.

o Provide six (6) classrooms accommodating 30 students each from the third day of the base requirement until the final day, which is Wednesday, September 13, 2023 - Monday, December 11, 2023, from 8am to 6pm, Monday through Friday excluding federal holidays. Tables shall be approximately 55-60” in length and be able to accommodate two students with laptops and mouse pads.

Classroom shall have the electrical capability to power 31 typical laptops.

o Provide an instructors’ preparation room for six (6) instructors, to be used from 8am to 6pm, including a chair and table for the entire period of performance, with a minimum size of 200 square feet.

This room should be next, or as close as possible, to each classroom. Note that, if one instructors’ room with space for six instructors is not available, separate instructors’ rooms accommodating six instructors total could also satisfy this requirement.

o Parking for 180 students and six (6) instructors shall be available.

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● Option: Tuesday, October 10, 2023 - Friday, January 19, 2024, 8am - 6pm, excluding weekends and federal holidays. If the government exercises the option, these requirements would be in addition to the requirements of the base period.

o Provide up to two (2) large multipurpose rooms (e. g. theater or amphitheater) to accommodate a minimum of 90 employees each during the first two days of operations from Tuesday, October 10, 2023 to Wednesday, October 11, 2023. Please note that alternative arrangements may be acceptable, such a single room large enough to accommodate 180 students separated into two sections.

o Provide six (6) classrooms accommodating 30 students each from the third day of the option period until the final day, which is Thursday, October 12, 2023 – Friday, January 19, 2024, from 8am to 6pm Monday through Friday excluding federal holidays.

Tables shall be approximately 55-60” in length and be able to accommodate two students with laptops and mouse pads.

Classroom shall have the electrical capability to power 31 typical laptops.

o Provide an instructors’ preparation room with the capacity for up to six (6) instructors from Tuesday, October 10, 2023 - Friday, January 19, 2024 . For example, if the government chooses to exercise the option of five (5) training rooms for this option, then an instructors’ room should be available to accommodate five (5) additional instructors. The instructors’ room for the option should meet the same specifications outlined for the instructors’ room in the Base Requirement.

o Parking for an additional 180 students and six additional (6) instructors shall be available.

o Please note that the government may choose not to exercise the option. If the government does decide to exercise the option, the government may decide to exercise the option for anywhere between one (1) to six (6) classrooms.

C.1.2 - Options The contractor shall ensure that up to six (6) classrooms are available for the option. The government shall notify the contractor how many classrooms it will require (none, or between 1 and 6) within two (2) weeks of the start date of the option, which is October 10, 2023.

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C.1.3 - Reviews IRS will visit the proposed classrooms to verify suitability prior to award.

C.1.4 - Project Progress Meetings The IRS PM or representative will make periodic site visits and perform monthly site inspections.

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C.2 SPACE REQUIREMENTS

C.2.1 - Location.

The required rental classrooms will be within the delineated area seen below.

East: Caribbean sea to PR5881N to PR1W to 5506N to PR10N North: PR10N to PR9Wto PR123N to PR501W to PR132W to PR549W West: PR459S to PR500S to Calle Las Batatas to Calle Syli to Int Punto Oro Ave to PR2E To intersection with Ponce Water Treatment Plan road to Caribbean Sea South: Caribbean Sea

C.2.2 - Food Court/Cafeteria A nearby food court or cafeteria shall be within approximately 0.5 miles or 10 minutes walking distance.

C.2.3 - Parking Parking spaces shall be available for each student as part of the rental consideration. This parking requirement can be met onsite by the lessor or by sub leasing spaces within 2 blocks or ¼ mile of the building in a safe, well-lit area. If there is no prospective appropriate parking offered or market which will satisfy this requirement, consult with the FMSS PM to provide guidance on optional private or contract options.

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C.2.4 - Entry/egress Means of egress are determined by applicable codes and regulations.

C.2.5 - Rest Rooms Location must provide common area restrooms that comply with applicable local codes. They must be within 200 feet of classrooms’ entry or entries.

C.2.6 - Cleaning All cleaning services must be performed during non classroom hours. The vendor shall be responsible for clean-up and trash removal at the end of each day in each classroom.

C.2.7 - Smoking Smoking restrictions for any building will be dictated by appropriate federal, state and local laws, rules and regulations.

C.3 HVAC REQUIREMENTS

C.3.1 Heating, Ventilation, and Air Conditioning (HVAC).

Classroom temperatures shall be maintained in the range of 70-74 F.

C.4 TELECOMMUNICATIONS REQUIREMENTS

N/A. WiFi requirements are described in section C.6, “Additional Requirements.”

C.5 SECURITY REQUIREMENTS

C.5.1 - Security Requirements Vendor security is expected to provide guards patrolling and controlling parking and classroom areas.

C.6 ADDITIONAL REQUIREMENTS

C.6.1 - Audio-Visual – Classrooms

The lessor is required to provide one projection screen per classroom with associated wall control switches. The screen shall be approximately 8 feet wide x 8 feet high. Large screen TVs may serve as an alternative. A representative of the contractor shall make themselves available if issues or instructions are required to operate the audio visual equipment.

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Wifi connection facilities are required. Network technicians should be available to facilitate wifi connections with the IRS system. Classrooms should be capable of providing power connection to each student to allow the charging of the student laptops.

C.6.2 Daily Hours of Operation The operating hours for the classrooms are 8:00 am – 6:00 pm Monday – Friday, ten (10) hours per weekday, except federal holidays.

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D. PACKAGING AND MARKING

D.1 Payment of Postage & Fees.

If any postage or fees are incurred to submit information to the Contracting Officer or the Contracting Officer’s Representative, they shall be the vendor’s responsibility.

D.2 Marking.

All information submitted to the Contracting Officer or the Contracting Officer’s Representative shall clearly indicate the contract number. All invoices and correspondence submitted to GSA Finance shall clearly indicate the PEGASYS Document Number (PDN).

The PDN number will be provided at time of contract award.

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E. INSPECTION AND ACCEPTANCE

E.1 Place Of Inspection And Acceptance

Inspection and acceptance of all space and other deliverables under this contract shall be performed by the Contracting Officer’s Representative. The inspection and acceptance shall take place at the site of the training, unless otherwise notified by the Contracting Officer or Contracting Officer’s Representative.

E.2 Contractor’s Responsibility

A. The contractor is responsible for the day-to-day inspection and monitoring of rental space to ensure compliance with the contract requirements. The contractor shall be responsible to follow up on all deficiencies identified as related to contractual requirements.

B. In the performance of the contract, the contractor shall comply with all Federal, State, Local, laws and regulations.

E.3 Failure to Perform

In the event that the rental spaces are unsatisfactorily maintained, the contractor may be requested to correct the deficiencies. If the work remains deficient, the COR may deduct the rental payment of the unsatisfactory space.

E.3 Inspection Clause Incorporated by Reference

The clause FAR 52.246-4 Inspection of Services-Fixed-Price is incorporated by reference. For more information, see Section I, clauses. The full text can be found at Acquisition.gov, and can also be made available by the contracting officer upon request.

[12] https://www.acquisition.gov/

F. DELIVERIES OR PERFORMANCE

F.1 Type & Term of Contract.

The awarded contract will be a firm fixed-price contract with base services and one (1) option to exercise anywhere between one (1) to six (6) classrooms.The Contractor shall propose a price for all contract line items for this award. See Schedule C for the complete scope of services.

For the price evaluation, the Government will evaluate the price proposal for this award by adding the total price for all options and additional services to the total price for the base contract. Award of options will not obligate the Government to exercise them.

F.3 Exercise of Options

The Government shall have the unilateral right to exercise the incorporated option for additional training room rentals. The same terms and conditions contained in this contract shall apply to any option exercised. The option shall be exercised upon written notification (mailed or otherwise furnished) to the contractor within fourteen (14) calendar days prior to the option start date. See C.1.1 and C.1.2.

The exercise of the option(s) is a Government prerogative, not a contractual right on the part of the contractor. If the Government exercises the option(s) within the prescribed time frames, the contractor shall be bound to perform the services for the option period(s) or be subject to the default provisions of this contract.

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G. CONTRACT ADMINISTRATION DATA

G.1 SUBMISSION OF INVOICES

A. Submit invoices for basic services at the end of the monthly service period. Submit invoices for additional services as stipulated on the GSA Form 300 (generally at the completion of work).

B. One copy of the invoice shall be submitted to the Contracting Officer’s Representative (to be designated after award).

C. Invoices may be submitted electronically via the GSA Finance website at finance.gsa.gov.This is the preferred method and is the fastest way to ensure GSA receives your invoice. If submitting invoices electronically is not feasible, submit invoices to the following address below:

General Services Administration Greater Southwest Finance Center PBS Payments Branch

(BCFA)

P.O. Box 17181 Fort Worth, TX 76102-0181

D. Include on the invoice the PDN number and the service period. The PDN number will be provided at contract award.

G.2 PAYMENTS

A. Payments for services will be made with the applicable payment clauses on a calendar-month basis, in arrears, upon submission of an invoice. Payment will be due on the 30th calendar day (except for the final monthly payment) after receipt of a proper invoice or date of acceptance of services, whichever is later. GSA will have the right to withhold full or partial payments or to take deductions for nonperformance or unsatisfactory performance.

[14] http://finance.gsa.gov

G.3 ROLES OF GOVERNMENT PERSONNEL

A person designated by the CO will serve as the designee or COR. The COR is responsible for monitoring, assessing, recording, and reporting on the performance of the Contractor. The CO or their designee shall have the primary responsibility for completing forms that will be used to evaluate the Contractor’s performance.

Patrick Mullen or the person designated as the CO will have overall responsibility for overseeing the Contractor's performance. The CO shall be responsible for monitoring the Contractor's performance in the areas of Contract compliance and Contract administration. The CO will review the COR or designee's written inspections and assessments of the Contractor’s performance and resolve any discrepancies that may arise between the Contractor and COR or their designee.

1. Contracting Officer. The Contracting Officer (CO) has the overall responsibility for the administration of the contract. He/she alone, without delegation, is authorized to: take actions on behalf of the Government to amend, modify, or deviate from the contract terms, conditions, requirements, specifications, details, and/or delivery schedules; make final decisions on disputed deductions from contract payments for nonperformance or unsatisfactory performance; terminate the contract for convenience or cause; and issue final decisions regarding contract questions or matters under dispute. However, he/she may delegate certain other responsibilities to his/her authorized representative(s).

2. Contracting Officer’s Representative.

A. The Contracting Officer’s Representative (COR) assists the Contracting Officer in the administration of the contract and supports the Contracting Officer in the discharge of his/her responsibilities when he/she is unable to be directly in touch with the contract work.

B. The responsibilities of the COR include, but are not limited to: determining the adequacy of performance by the contractor in accordance with the terms and conditions of this contract;

acting as the Government’s representative in charge of work at the site; ensuring compliance with contract requirements insofar as the work is concerned; advising the contractor of proposed deductions for nonperformance or unsatisfactory performance; and advising the Contracting Officer of any factors which may cause delay in performance of the work.

C. The above delegation does not authorize the COR to modify any of the contract provisions, terms, or conditions. All authorities not delegated are reserved to the Contracting Officer. The contractor shall make available such records, reports, and facilities as may be required for the COR to carry out his/her assignment.

Egidio Fantauzzi is designated as Contracting Officer’s Representative COR) for this contract.

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G.4 DEDUCTIONS FOR NON-PERFORMANCE OR UNSATISFACTORY

PERFORMANCE

It is the objective of the Government to obtain complete and satisfactory performance in accordance with the terms of the specifications and quality requirements of the contract.

If the Government determines, based on an inspection, that certain quality requirements are not met, the Government will (whenever possible) give the contractor another opportunity to perform the required services. If the contractor still fails (after a reasonable amount of time) to achieve the quality requirements, the Government will take deductions, as follows. This will be in addition to any re-inspection costs that are chargeable to the contractor.

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H. SPECIAL CONTRACT REQUIREMENTS

H. 1 Prohibited Telecommunications Equipment The contractor shall comply with Section 889 of the John S. McCain National Defense Authorization Act (NDAA) for Fiscal Year 2019. Section 889 of the NDAA includes two prohibitions regarding certain telecommunications and video surveillance equipment and services (telecom).

● Part A, the Government cannot obtain prohibited telecom: Effective August 13, 2019, the Government may not obtain (through a contract or other instrument) certain telecommunications equipment or services produced by the following companies or their subsidiaries and affiliates:

o Huawei Technologies Company o ZTE Corporation o Hytera Communications Corporation o Hangzhou Hikvision Digital Technology Company o Dahua Technology Company

● Part B, Contractors cannot use prohibited telecom: Effective August 13, 2020, the Government may not contract with an entity that uses telecommunications equipment or services, as a substantial or essential component of any system, or as critical technology as part of any system, produced by the same companies listed in Part A.

○ Use is “regardless of whether that use is in performance of a Federal contract”

○ Section 889 Part B applies to every contract: no matter what your company makes or sells. As of August 13, 2020, any technology the Contractor uses must be checked to ensure that it does not include prohibited components and be able to complete representation/reporting requirements in Federal Acquisition Regulation (FAR) subpart 4.21

H.2 Ordinances, Taxes, Permits and Licenses Without additional expense to the Government, the Contractor shall fully comply with: (a) all Federal. State local, and city laws, and regulations and ordinances, (b) be liable for all applicable Federal, state and local taxes and (c) obtain and pay for all permits and licenses governing performance under the contract.

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H.3 Discrepancy in the Specifications In any case of discrepancy in the specifications, the matter shall be immediately submitted to the CO. The decision of the CO as to the proper interpretation of the specifications shall be final, in accordance with the Disputes Clause of this contract.

H.4 Federal Requirements The Contractor shall comply with all applicable governance documents, including, but not limited to Federal, State and local laws, regulations, and codes. The Contractor is responsible for obtaining access to all referenced documents at their own expense. The Contractor shall obtain all applicable licenses, training, and permits. If a change in law and/or regulation requires the Contractor to implement an action that will result in an increase or decrease in contract price, the Contractor shall implement the required action and within 30 calendar days, submit to the CO a price proposal for such change. If the CO determines an equitable adjustment is substantiated, a modification to the contract shall be issued.

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I. CONTRACT 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(es):

https://www.acquisition.gov/far/index.html https://www.acquisition.gov/gsam/gsam.html

(End of Clause)

The following clauses are incorporated by reference:

52.202-1 Definitions. Effective Jun 2020.

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. Effective May 2014.

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. Effective Jun 2020.

52.203-13 Contractor Code of Business Ethics and Conduct. Effective Nov 2021.

52.203-14 Display of Hotline Poster(s). Effective Nov 2021.

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. Effective Jun 2020.

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. Effective Jan 2017.

52.203-3 Gratuities. Effective Apr 1984.

52.203-5 Covenant Against Contingent Fees. Effective May 2014.

52.203-6 Restrictions on Subcontractor Sales to the Government. Effective Jun 2020.

52.203-6_Alternate I Effective Nov 2021.

52.203-7 Anti-Kickback Procedures. Effective Jun 2020.

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. Effective May 2014.

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. Effective Jun 2020.

52.204-13 System for Award Management Maintenance. Effective Oct 2018.

[19] https://www.acquisition.gov/far/index.html

52.204-14 Service Contract Reporting Requirements. Effective Oct 2016.

52.204-18 Commercial and Government Entity Code Maintenance. Effective Aug 2020.

52.204-19 Incorporation by Reference of Representations and Certifications. Effective Dec 2014.

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities. Effective Nov 2021.

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. Effective Nov 2021.

52.204-27 Prohibition on a ByteDance Covered Application. Effective June 2023.

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. Effective May 2011.

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Effective Nov 2015.

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. Effective Nov 2021.

52.215-8 Order of Precedence-Uniform Contract Format. Effective Oct 1997.

52.217-8 Option to Extend Services. Effective Nov 1999.

52.219-28 Post-Award Small Business Program Rerepresentation. Effective Mar 2023.

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns. Effective Oct 2022.

52.219-8 Utilization of Small Business Concerns. Effective Oct 2022.

52.222-21 Prohibition of Segregated Facilities. Effective Apr 2015.

52.222-26 Equal Opportunity. Effective Sept 2016.

52.222-3 Convict Labor. Effective June 2003.

52.222-35 Equal Opportunity for Veterans. Effective Jun 2020.

52.222-36 Equal Opportunity for Workers with Disabilities. Effective Jun 2020.

52.222-37 Employment Reports on Veterans. Effective Jun 2020.

52.222-4 Contract Work Hours and Safety Standards -Overtime Compensation. Effective May 2018.

52.222-40 Notification of Employee Rights Under the National Labor Relations Act. Effective Dec 2010.

52.222-41 Service Contract Labor Standards. Effective Aug 2018.

52.222-42 Statement of Equivalent Rates for Federal Hires. Effective May 2014.

52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts). Effective Aug 2018.

52.222-50 Combating Trafficking in Persons. Effective Nov 2021.

52.222-50_Alternate I Effective Mar 2015.

52.222-54 Employment Eligibility Verification. Effective May 2022.

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52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026. Effective Jan 2022.

52.223-14 Acquisition of EPEAT®-Registered Televisions. Effective Jun 2014.

52.223-15 Energy Efficiency in Energy-Consuming Products. Effective May 2020.

52.223-16_Alternate I Effective Jun 2014.

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. Effective Jun 2020.

52.223-19 Compliance with Environmental Management Systems. Effective May 2011.

52.227-1 Authorization and Consent. Effective Jun 2020.

52.229-11 Tax on Certain Foreign Procurements—Notice and Representation. Effective Jun 2020.

52.229-3 Federal, State, and Local Taxes. Effective Feb 2013.

52.232-1 Payments. Effective Apr 1984.

52.232-11 Extras. Effective Apr 1984.

52.232-17 Interest. Effective May 2014.

52.232-23 Assignment of Claims. Effective May 2014.

52.232-33 Payment by Electronic Funds Transfer-System for Award Management. Effective Oct 2018.

52.232-39 Unenforceability of Unauthorized Obligations. Effective Jun 2013.

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Effective Mar 2023.

52.232-8 Discounts for Prompt Payment. Effective Feb 2002.

52.233-1 Disputes. Effective May 2014.

52.233-3 Protest after Award. Effective Aug 1996.

52.233-3_Alternate I Effective June 1985.

52.233-4 Applicable Law for Breach of Contract Claim. Effective Oct 2004.

52.242-1 Notice of Intent to Disallow Costs. Effective Apr 1984.

52.242-13 Bankruptcy. Effective July 1995.

52.242-5 Payments to Small Business Subcontractors. Effective Jan 2017.

52.244-5 Competition in Subcontracting. Effective Dec 1996.

52.244-6 Subcontracts for Commercial Products and Commercial Services. Effective Mar 2023.

52.246-2 Inspection of Supplies-Fixed-Price. Effective Aug 1996.

52.246-25 Limitation of Liability-Services. Effective Feb 1997.

52.246-4 Inspection of Services-Fixed-Price. Effective Aug 1996.

52.249-2 Termination for Convenience of the Government (Fixed-Price). Effective Apr 2012.

52.253-1 Computer Generated Forms. Effective Jan 1991.

552.203-71 Restriction on Advertising. Effective Sep 1999.

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552.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (FAR DEVIATION 52.212-4). Effective Jan 2023.

552.215-73 Notice. Effective Jul 2016.

552.232-39 Unenforceability of Unauthorized Obligations. Effective Feb 2018.

552.232-72 Final Payment Under Building Services Contracts. Effective Mar 2012.

552.252-6 Authorized Deviations in Clauses. Effective Nov 2021.

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services. Effective Dec 2022.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services. Effective Mar 2023.

552.212-71 Contract Terms and Conditions Applicable to GSA Acquisitions of Commercial Products and Commercial Services.

As prescribed in 512.301(a)(1), insert the following clause:

Contract Terms and Conditions Applicable to GSA Acquisitions of Commercial Products and Commercial Services (JAN 2022)

(a) The Contractor agrees to comply with any clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial products, including commercial components, and commercial services. The clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The GSAR clauses in paragraph (b) of this section are incorporated by reference:

(b) Clauses:

552.203-71 - Restriction on Advertising 552.228-70 - Workers’ Compensation Laws 552.229-70 - Federal, State, and Local Taxes 552.232-78 - Payment Information

(End of Clause)

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J. LIST OF ATTACHMENTS (LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS)

ATTACHMENTS

Attachments

● Exhibit J1: Building Information Sheet

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K. REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF BIDDERS/OFFERORS

52.252-1 Solicitation Provisions Incorporated by Reference.

As prescribed in 52.107(a), insert the following provision:

Solicitation Provisions Incorporated by Reference (Feb 1998)

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

https://www.acquisition.gov/far/index.html https://www.acquisition.gov/gsam/gsam.html

(End of provision)

Incorporated by Reference:

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. Effective Sept 2007.

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. Effective Jan 2017.

52.204-16 Commercial and Government Entity Code Reporting. Effective Aug 2020.

52.204-17 Ownership or Control of Offeror. Effective Aug 2020.

52.204-22 Alternative Line Item Proposal. Effective Jan 2017.

52.204-5 Women-Owned Business (Other Than Small Business). Effective Oct 2014.

52.204-7 System for Award Management. Effective Oct 2018.

52.204-7_Alternate I Effective Oct 2018.

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation. Effective Nov 2015.

52.212-1 Instructions to Offerors—Commercial Products and Commercial Services. Effective Mar 2023.

52.215-1 Instructions to Offerors-Competitive Acquisition. Effective Nov 2021.

52.217-5 Evaluation of Options. Effective July 1990.

52.222-22 Previous Contracts and Compliance Reports. Effective Feb 1999.

[24] https://www.acquisition.gov/far/index.html

52.222-25 Affirmative Action Compliance. Effective Apr 1984.

52.222-56 Certification Regarding Trafficking in Persons Compliance Plan. Effective Oct 2020.

52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation. Effective Dec 2016.

52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. Effective Jun 2020.

52.232-15 Progress Payments Not Included. Effective Apr 1984.

52.233-2 Service of Protest. Effective Sept 2006.

552.252-5 Authorized Deviations in Provisions. Effective Nov 2021.

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

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

REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

(NOV 2021)

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 Products or Commercial Services. 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—

[25] https://www.acquisition.gov/far/4.2105#FAR_4_2105 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

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

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

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

(d) Representation. The Offeror represents that—

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

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

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

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

[26] https://www.sam.gov/

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

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided;

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

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

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

(End of provision)

52.204-26 Covered Telecommunications Equipment or Services-Representation.

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

COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (OCT 2020)

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

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

(c)(1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

[27] https://www.acquisition.gov/far/4.2105#FAR_4_2105 https://www.sam.gov/

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it

□ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

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

As prescribed in 9.104-7(d), insert the following provision:

REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER

ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that–

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that–

(1) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability;

and

(2) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

52.209-5 Certification Regarding Responsibility Matters.

As prescribed in 9.104-7(a), insert the following provision:

CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that—

[28] https://www.acquisition.gov/far/9.104-7#FAR_9_104_7

(i) The Offeror and/or any of its Principals–

(A) Are □ are not □ presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have □ have not □, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract;

violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are □ are not □ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

(D) Have □, have not □, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has □ has not □, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

[29] https://www.acquisition.gov/far/52.209-7#FAR_52_209_7 https://www.acquisition.gov/far/9.104-5#FAR_9_104_5

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

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation…