Solicitation.pdf

COMBINED SYNOPSIS/SOLICITATION:

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Subpart

12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

The solicitation number is W912L6-22-R-0001 and is issued as a Request For Proposal (RFP) in accordance with the requirements of Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items, using the procedures of FAR Part 13, Simplified Acquisition Procedures, and FAR Part 37, Service Contracting. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition

Circular (FAC) 2021-06 dated July 12, 2021. The FAC and FAR are available at https://www.acquisition.gov/FAR .

The Oklahoma National Guard intends to award approximately 15 to 20 Blanket Purchase Agreements (BPA) that maximizes competition through a regional and tiered approach. The Oklahoma National Guard has multiple armories located across the state in urban and rural areas. The intent is to award multiple purchase agreements to maximize catered meals support for a variety of events with an estimated headcount range of 20 to 500 personnel or more. Period of Performance is a five year ordering period.

This combined synopsis/solicitation is a 100% Small Business set-aside. The North American Industry

Classification System (NAICS) code 722320, Caterers with a size standard of $8,000,000.00.

Responsible offerors shall provide pricing for the following line items:

Line Item 0001: Breakfast Meal - Unit of Issue: Each - Quantity: To Be Determined (TBD)

Line Item 0002: Lunch Meal – Unit of Issue: Each – Quantity: TBD

Line Item 0003: Dinner Meal – Unit of Issue: Each – Quantity: TBD

Line Item 0004: Box Lunch – Unit of Issue: Each – Quantity: TBD

This acquisition currently has no Defense Priorities and Allocations System (DPAS) ratings. The award is subject to the Service Contract Labor Standards statute, Wage Determination OK 2015-5315, Revision 13, dated 21 June 2021.

Upon submission of proposals, the Offeror must have a current and active registration in the System for Award

Management (SAM) database at website https://sam.gov.

Questions shall be submitted via email not later than December 15, 2021 sent to Mr. Joseph Kelly at joseph.b.kelly1.civ@mail.mil by 4:00 p.m. CST. Proposals shall be submitted electronically to Mr. Kelly by or before December 31, 2021 at 4:00 PM CST. It is the Offeror’s responsibility to ensure all proposal documents was received prior to the close date and time.

The Government intends to award multiple Firm-Fixed-Price (FFP) Blanket Purchase Agreements (BPA). Proposals will be evaluated on technical acceptability and price reasonableness. Offerors will submit a proposal that addresses their capability in accordance with the Performance Work Statement (PWS).

The Contractor shall provide all supervision and labor personnel, food safety and food quality control equipment, dining ware to include paper products, serving utensils and equipment, sanitation supplies, condiments and all other supplies that maybe needed.

INSTRUCTIONS TO OFFERORS

1.1 General Instructions: This section provides general guidance for preparing proposals. Throughout this section, the term “Offeror” means the prime contractor submitting the proposal. The Offeror’s proposal must include all data and information requested and must be submitted in accordance with these instructions. Proposal will be reviewed for responsiveness prior to being technically evaluation. An Offeror who submits an incomplete package may be considered non-responsive and will be notified immediately with the reason. The proposal shall be compliant with the requirements as stated in the Request for Proposal (RFP). A proposal that is sufficiently documented to support price and technical requirements in a complete, orderly and detailed manner will enable the Government to perform http://www.acquisition.gov/FAR http://www.acquisition.gov/FAR http://www.acquisition.gov/FAR mailto:joseph.b.kelly1.civ@mail.mil a thorough and fair evaluation. Non-compliance with the instructions and RFP may result in an unfavorable proposal evaluation and may be grounds to eliminate the proposal from consideration for contract award.

Offeror’s must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale along with providing any assumptions in their proposals.

1.2 The Government intends to award without discussions.

1.3 The Government will not reimburse any costs incurred in relation to the proposal preparation.

1.4 IAW with Technical Exhibit 6, Contractors awarded a BPA must adhere to an inspection by the U.S Army

Veterinary Department and complete Technical Exhibit 6 prior to inspection. Contractors must write a letter

(preferably on letterhead) requesting an initial food protection audit. The owner or an authorized representative of the establishment processing the product(s) must sign the letter. The Contractor must address the letter to the U.S.

Government purchasing agent or contracting agency. The request must contain, at a minimum, the following information:

a. The full name of the processing facility, street address (or geographical location), city, state, zip code, and county or country where the establishment is located. Include the mailing address if different from the physical facility address.

b. The name, title, telephone and e-mail address of the person to contact at the establishment, and the normal operating hours of the facility.

c. A list of the specific products to be procured by the Department of Defense (DOD) (e.g., novelty ice cream or catered meals).

d. A list of the federal, state, and local regulatory agencies currently inspecting the facility. If the facility has a federal or state establishment number, please provide the number.

e. If the vendor is a caterer, restaurant, or central kitchen, indicate where the vendor prepares the food, which military installations the vendor will serve, and if the meals will be contracted or retail sale.

1.5 The Offeror shall submit an unclassified proposal, which demonstrates its ability to perform and meet the requirements in the Performance Work Statement (PWS).

1.6 Proposal shall conform to all the requirements of this RFP IAW FAR Part 15.101-2.

1.7 Proposals will consist of the following:

Pricing Sheets (Technical Exhibits 5a and 5b)

Service Location Sheet (Technical Exhibit 2)

Complete Pre-Audit Questionnaire for Restaurants, Caterers, and Commercial Kitchens

(Technical Exhibit 6)

Complete Minimum notices and Time Requirements (Technical Exhibit 7)

Copy of Current State Health Inspection

Copy of Mobile Food Establishment License (Tier I only)

Capability Statement of Mobile Kitchen Unit with picture (Two Page Maximum)

Copy of public menus with pricing

EVALUATION FACTORS FOR AWARD

1. Basis for Award

BPAs will be awarded to vendors that submit a technically acceptable proposal with pricing that is deemed fair and reasonable. Fair opportunity will be provided by competing individual calls with BPA holders on a lowest price technically acceptable (LPTA) basis. A BPA will be awarded to the Offerors whose proposals conforms to the solicitations requirements (to include all stated terms, conditions, representations, certifications, and all other information required by this solicitation) and is judged, based on the evaluation factors and sub-factors, to represent the lowest price technical acceptability and price reasonableness.

2. Evaluation Factors. (Per PWS SECTION 5)

All meals provided must fall into one of the three categories with preference given to Tier I catered meals. The categories are Tier I, Tier II and Tier III. Tier I meals are based on provided government menus (Refer Technical

Exhibits 4a and 4b Government Recommended Menus) and are full service meals. Tier II meals are based on contractor provided menus that meet meal standards and can be delivered or full service meals. Tier III meals are all other catered meals.

Tier I Evaluation Criteria:

Commercial Mobile Kitchen for onsite cooking.

Ability to cater Government prescribed menus.

Valid copy of State Mobile Food Establishment License.

Valid copy of State Health Inspection.

Menus priced at fair and reasonable.

Tier II Evaluation Criteria:

Ability to cater or deliver menu selections to the standards specified per PWS 5.2.

Tier III Evaluation Criteria:

Ability to cater or deliver a diverse menu selection.

3. Evaluation Process.

The Lowest Price Technically Acceptable (LPTA) source selection process will be used. Offeror’s technical proposal will be evaluated on an acceptable/unacceptable basis. By submission of its offer, the Offeror accedes to all solicitation requirements, including terms and conditions, representations, and certifications, and technical requirements. Failure to meet a requirement may result in an offer being determined non-responsive and thereby excluded from further consideration.

4. Solicitation Requirements, Terms and Conditions.

Offerors are required to meet all solicitation requirements, such as terms and conditions, representations and certifications, and technical requirements, in addition to those identified as factors or sub-factors. Failure to comply with the terms and conditions of the solicitation may result in the Offeror being determined ineligible for award.

Offerors must clearly identify any exception to the solicitation’s terms and conditions and must provide complete supporting rationale. The Government reserves the right to determine any such exceptions unacceptable.

BPA CALL ORDERING PROCEDURES

1. OKARNG will identify catered meal requirements by date, location, number and type of meals needed per day and identify whether full service or whether pickup or dine-in services are required. Requirement is recorded on the BPA request form along with a funded purchase request and AFMIS Request. These documents are due to contracting office by the requiring activity NLT 45 days prior to the event. For requirements under $10,000, the

Government reserves the right to rotate or compete. All requirements that are $10,000 and above will be competed through a Request For Quote (RFQ) process. The RFQ will also identify which Tier(s) of meal services will be considered and the due date/time of quotes. Contracting will issue a RFQ to all vendors who hold an active BPA in the region of the service location NLT 30 days prior to the event. Vendors who are interested in providing meal services for the event, will return the RFQ within the required time frame with pricing. Since this is a competitive

RFQ, vendors are encouraged to provide pricing discounts based on quantity of meals. Vendors are given 15 days to respond to the RFQ with their pricing. This allows for 15 days for vendor selection and notification of contract award.

2. Typically, large meal requirements (long duration events with high headcounts) will only be solicited with Tier

I vendors. Medium sized events will typically request Tier II and III. Small meal requirements will typically only request Tier III vendors. Ultimately, the Tier(s) that are requested in a RFQ will be established by the vendor mix and capabilities available within that region.

RFQ Pricing and Menus.

Tier I – Government prescribes all menu requirements by day as part of the RFQ. Vendor submits per meal price for all meals, catering/delivery fee (if applicable) and an overall total price.

Tier II and Tier III – Vendor sets price for each meal type (Breakfast, Lunch, Dinner) and provide a range of menus for each meal type that the Government can choose from at that price. Menu selections offered by the vendor consists of requirements in Paragraph 5.5.4. Additionally, vendor will also submit any catering/delivery fees and an overall total price.

3. BPA Call RFQ Evaluation Criteria. OKARNG selects the vendor for award based on a lowest price technically acceptable (LPTA) evaluation criteria by conducting a technical and price review of the vendor’s price and menu items.

Technical Review for Acceptability:

o Tier I – Vendor affirms that it can provide Government directed menus that conform with the standards in Paragraph 5.2 (Meal Standards) o Tier II – Government reviews contractor provided menu items to ensure they conform with the standards in Paragraph 5.2 (Meal Standards) o Tier III – Government reviews that vendor offered menus are consistent with the menus offered by the vendor to the general public.

o Vendors that are deemed technically unacceptable will not be considered for award and notified by the contracting office.

Price Review o If contracting receives two or more technically acceptable bids in response to a RFQ, no further price review will be conducted. Competition is achieved and the lowest quoted price accepted.

o If only one technically acceptable bid is received in response to the RFQ, contracting conducts a price analysis to ensure the overall price is fair and reasonable. The Government will not pay more than what the vendor offers its meals to the general public.

4. BPA Call Award. After the Government conducts its technical and price review, the vendor with the lowest priced proposal and is technically acceptable will be issued a contract award. Award can take the form of either a

BPA Call (Form 1155) or a Government Purchase Card (GPC) order. Unsuccessful offerors who did not receive the award will be notified of the vendor that won the award and overall price. Please note that only authorized callers designated in your Master BPA can authorize orders.

5. Performance Coordination. Once a BPA Call is sent to the vendor, the vendor must return the order signed acknowledging receipt and acceptance of the order. This forms a binding contractual agreement between the vendor and the Government. Now the vendor is authorized to coordinate the delivery specifics and menu selections with the Contracting Officer Representative (COR) or unit representative. The Government chooses only one menu per day/meal type. For example, even though the vendor offers multiple menus for breakfast, only one menu will be selected for that day for the breakfast meal.

Performance Monitoring. The Government will establish CORs to perform oversight of vendor performance using the Performance Requirements Summary in Technical Exhibit 1. Random sampling surveys will be conducted for feedback. The Government reserves the right to terminate a BPA with any vendor that fails to meet these standards.

6. BPA Calls issued with a DD1155 will be paid through Wide Area Workflow (WAWF). Vendors submit an electronic invoice in WAWF and will be paid via electronic funds transfer (EFT). Some orders may be placed with the Government Purchase Cardholders (GPC) and those payments will be made by credit card. Typically, orders placed under $25,000 will be placed with a GPC card.

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020

52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020

52.203-17 Contractor Employee Whistleblower Rights and Requirement JUN 2020 To Inform Employees of Whistleblower Rights

52.204-7 System for Award Management OCT 2018

52.204-10 Reporting Executive Compensation and First-Tier JUN 2020 Subcontract Awards

52.204-10 Reporting Executive Compensation and First-Tier JUN 2020 Subcontract Awards

52.204-13 System for Award Management Maintenance OCT 2018

52.204-16 Commercial and Government Entity Code Reporting AUG 2020

52.204-17 Ownership or Control of Offeror AUG 2020

52.204-22 Alternative Line Item Proposal JAN 2017

52.204-23 Prohibition on Contracting for Hardware, Software, and JUL 2018 Services Developed or Provided by Kaspersky Lab and Other

Covered Entities.

52.209-6 Protecting the Government's Interest When Subcontracting JUN 2020 With Contractors Debarred, Suspended, or Proposed for

Debarment

52.209-7 Information Regarding Responsibility Matters OCT 2018

52.209-9 Updates of Publicly Available Information Regarding OCT 2018 Responsibility Matters

52.209-10 Prohibition on Contracting With Inverted Domestic NOV 2015 Corporations

52.212-1 Instructions to Offerors--Commercial Items SEP 2021

52.212-2 Evaluation - Commercial Items OCT 2014

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018

52.219-6 Notice Of Total Small Business Set-Aside NOV 2020

52.219-8 Utilization of Small Business Concerns OCT 2018

52.222-3 Convict Labor JUN 2003

52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2020

52.222-21 Prohibition Of Segregated Facilities APR 2015

52.222-26 Equal Opportunity SEP 2016

52.222-35 Equal Opportunity for Veterans JUN 2020

52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020

52.222-37 Employment Reports on Veterans JUN 2020

52.222-40 Notification of Employee Rights Under the National Labor DEC 2010 Relations Act

52.222-41 Service Contract Labor Standards AUG 2018

52.222-44 Fair Labor Standards And Service Contract Labor Standards- MAY 2014 Price Adjustment

52.222-50 Combating Trafficking in Persons OCT 2020

52.222-54 Employment Eligibility Verification OCT 2015

52.222-55 Minimum Wages Under Executive Order 13658 NOV 2020

52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017

52.223-18 Encouraging Contractor Policies To Ban Text Messaging JUN 2020 While Driving

52.224-3 Privacy Training JAN 2017

52.229-3 Federal, State And Local Taxes FEB 2013

52.232-23 Assignment Of Claims MAY 2014 52.232-32 Performance-Based Payments APR 2012

52.232-33 Payment by Electronic Funds Transfer--System for Award OCT 2018 Management

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business DEC 2013 Subcontractors

52.233-1 Disputes MAY 2014

52.233-2 Service Of Protest SEP 2006

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.242-13 Bankruptcy JUL 1995

52.246-1 Contractor Inspection Requirements APR 1984

52.252-6 Authorized Deviations In Clauses NOV 2020

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD SEP 2011 Officials

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.203-7005 Representation Relating to Compensation of Former DoD NOV 2011 Officials

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7006 Billing Instructions OCT 2005

252.204-7008 Compliance With Safeguarding Covered Defense Information OCT 2016 Controls

252.204-7012 Safeguarding Covered Defense Information and Cyber DEC 2019 Incident Reporting

252.204-7014 Limitations on the Use or Disclosure of Information by MAY 2016 Litigation Support Contractors

252.204-7015 Notice of Authorized Disclosure of Information for Litigation MAY 2016 Support

252.204-7016 Covered Defense Telecommunications Equipment or Services DEC 2019 -- Representation

252.204-7017 Prohibition on the Acquisition of Covered Defense MAY 2021 Telecommunications Equipment or Services -- Representation

252.204-7018 Prohibition on the Acquisition of Covered Defense JAN 2021 Telecommunications Equipment or Services

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2020

252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2020

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991

252.225-7048 Export-Controlled Items JUN 2013

252.226-7001 Utilization of Indian Organizations and Indian-Owned APR 2019 Economic Enterprises, and Native Hawaiian Small Business

Concerns

252.232-7003 Electronic Submission of Payment Requests and Receiving DEC 2018 Reports

252.232-7010 Levies on Contract Payments DEC 2006

252.237-7010 Prohibition on Interrogation of Detainees by Contractor JUN 2013 Personnel

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--

Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-

Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the

Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

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

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)

(https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) 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 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)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

(a) Definitions. As used in this clause--

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology

Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the

Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International

Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export

Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such

Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(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. The Contractor is prohibited from providing to the Government 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR

4.2104.

(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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. 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.

(c) Exceptions. This clause does not prohibit contractors from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the

Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

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

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and

Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

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

Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)

(https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representations.

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

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ] does, [ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--

REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ] is, [ ] is not an inverted domestic corporation; and

(2) It [ ] is, [ ] is not a subsidiary of an inverted domestic corporation.

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

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

(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); and

(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;

and

(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. Sec. 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. Sec. 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. Sec. 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.

(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).

(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 of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations

Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

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

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

(b) The Offeror represents that--

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

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

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (FEB 2021)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision --

“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

http://www.sam.gov/

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except--

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Reasonable inquiry” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain

Telecommunications and Video Surveillance Services or Equipment.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted…