Solicitation Draft W91SS222R8001.docx

W911S222R8001

Section 00010 - Solicitation Contract Form

Repair, Rehabilitation and Construction

FFP

The contractor shall provide (as specified in each Task Order under the resulting contract) all labor, equipment, materials, and supervision necessary to perform a broad range of construction, repair, maintenance, and design-build services at Fort Drum, NY. Work shall be performed in accordance with the terms and conditions of the resulting contract, Statement of Work, Scope of Work, and Specifications and Drawings as required in any resulting individual Task Order issued.

Ordering Period:15 March 2023 through 14 March 2028.

The ceiling of all task orders combined shall not exceed $150,000.000.00.

FOB: Destination

NET AMT

EXECUTIVE SUMMARY

1. The contract ceiling for the Sustainment, Restoration and Modernization (SRM) at Fort Drum contracts is $150,000,000.

1. The Government is under no obligation to issue any task orders against contracts resulting from this solicitation in excess of the guaranteed minimum. In addition, task orders SHALL NOT be issued for work that exceeds statutory limitation for new construction. The guaranteed minimum for this requirement is $5,000.00 per contract. A task order will be separately issued to each awardee under this requirement to satisfy this guaranteed minimum. The ceiling for all task orders shall not exceed $150,000,000.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

14-MAR-2028

PUBLIC WORKS

4205 PO VALLEY ROAD

FORT DRUM NY 13602

FOB: Destination W8100J

Exhibit/Attachment Table of Contents

Section 00100 - Bidding Schedule/Instructions to Bidders

INSTRUCTIONS TO OFFERORS

PART I – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

1. NOTICES TO OFFERORS:

1.1. COMPETITION: This acquisition is 100% competitive 8(a) set-aside, pursuant to the requirements of FAR section 19.805, Competitive 8(a).

1.2. NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE for this acquisition is 236220. It is the Offeror’s responsibility to ensure that its System for Award Management (SAM) registration includes this NAICS. If it does not, contract award may be delayed.

1.3. BID GUARANTEE: REQUIRED and shall be provided with the offer, see FAR Clause 52.228-1.

1.4. OFFER ACCEPTANCE PERIOD: See Standard Form 1442, SOLICITATION, OFFER, AND AWARD, BLOCK 13 D. AND BLOCK 17. Offerors providing less than 180 calendar days for Government acceptance after the date offers are due will not be considered for award and will be rejected. If the Offeror would like to provide more than 180 calendar days to be considered, the number of days must be inserted in BLOCK 17. Failure to insert a number into BLOCK 17 shall mean the Offeror accepts the minimum in Item 13D.

1.5. PERFORMANCE AND PAYMENT BONDS: Offerors are reminded of the requirement for performance and payment bonds (SEE BLOCK 12A. of the STANDARD FORM 1442 – SOLICITATION, OFFER, AND AWARD and FAR Clause 52.228-15 -- Performance and Payment Bonds -- Construction).

1.6. SYSTEM FOR AWARD MANAGEMENT (SAM): To be eligible for award of a Department of Defense (DoD) contract, Contractor registration in the SAM data base is required (see FAR Clause 52.204-7). Failure to register with SAM shall make the Contractor ineligible for award. New registration in SAM can take a few weeks. Therefore, it is critical that Offerors interested in this solicitation complete their SAM registration in sufficient time to meet solicitation representation and certification requirements.

1.7. AMENDMENTS: No bidder’s mailing list will be maintained. It is the responsibility of all interested parties wishing to offer on this requirement to monitor SAM.gov for any/all amendments to this solicitation. The Offeror is required to acknowledge amendments in block 19 of the SF 1442. Failure to respond to an amendment shall render the offer ineligible for award and thereby rejected.

1.8. SOLICITATION PROVISIONS/REPRESENTATIONS & CERTIFICATIONS: The Offeror must have completed the Representations and Certifications section within their SAM record or in FAR 52.204-8 in this solicitation. Representations and certifications shall be updated within the SAM system as necessary, but as a minimum, an annual update is required.

1.9. Reserved.

1.10. VETS-4212: Federal Contractors and subcontractors who receive Federal contracts of $150,000 or more are required to annually file, no later than September 30th of each year, Form No. VETS-4212 entitled "Federal Contractor Veterans' Employment Report" with the Department of Labor. In addition, all Federal Contracting Officers are prohibited from awarding contracts or disbursing funds to Federal contractors or subcontractors that have not submitted a current VETS-4212 Report. For more information on this requirement, see the following website: http://www.dol.gov/vets/vets4212.htm

1.11. SOLICITATION QUESTIONS: Questions shall be in writing and e-mailed to samara.e.johnson.civ@army.mil and alfredo.m.sanchez.civ@army.mil. Questions concerning this solicitation will be accepted up to 18 November 2022, 4:00PM EST. Fort Drum does not commit to providing responses to questions submitted after THIS DATE; however attempts to answer all relevant questions will be made.

1.12. OFFER SUBMISSION: All offers must be received in hard copy and a digital copy on compact disk (CD) prior to the offer due date in box 10 of this solicitation (first page). All hard copies shall be executed with the original signature of the Offeror. The Request for Proposal (RFP) contains provisions and other items required to be completed by the Offeror and returned with its proposal. Failure to provide this information with the proposal shall render the proposal non-responsive and not eligible for award. Offers are due 1 December 2022 at 2:00PM EST. The hard copy documents shall be clearly marked containing the procurement and solicitation number: Fort Drum Multiple Award Task Order Contract, Solicitation# W911S222R8001, and mailed to:

Mission & Installation Contracting Command – Fort Drum 4205 Po Valley Rd.

Fort Drum, NY 13602

1.13. Reserved.

1.14. PROPOSALS: The Offeror shall submit a proposal that addresses all evaluation areas, specifically identifying how the proposed contractual requirements will be satisfied. A Government team will evaluate each proposal strictly in accordance with its content and will not assume that performance will include areas not specified.

1.15. FACTORS: The proposals will be evaluated on five factors: Management Capability, Experience, Bonding Capacity, Key Personnel, and Past Performance.

2. JOINT VENTURES. There are specific requirements that a Joint Venture (JV) must satisfy to submit an offer. Therefore, Offerors submitting proposals as a Joint Venture shall provide the following information with its proposal:

2.1. The Joint Venture Agreement.

2.2. A description of:

2.2.1. Who will have control over the JV and the percentage of control,

2.2.2. The management structure of the Joint Venture,

2.2.3. Who will manage the contract,

2.2.4. The relative amount of work to be performed by each party, and

2.2.5. Who will perform each contract task.

2.2. The names, signatures and titles of each participant in the joint venture shall be set forth in the proposal.

3. PROPOSAL FORMAT: Written proposals shall be submitted in four Sections. Each section shall be in the format as follows:

*NOTE: Offerors are cautioned that any information beyond the maximum number of pages will not be evaluated.

3.1. Proposals shall be clearly and concisely written, indexed (cross-indexed, as appropriate) and logically assembled. All pages of each proposal shall be appropriately numbered and identified with the solicitation number. Offerors shall include a cover page for each Section, which clearly identifies the Section Name (e.g., Section II, Management), Request for Proposal (RFP) Number, and Date of Submission.

3.2. The Offeror’s written proposal shall be prepared in PDF using standard 8.5 x 11 inch layout in portrait orientation. This applies to both hard copy and digital copy. The proposal pages shall be numbered. Each page must have a one-inch margin at the top, the bottom, and on each side.

Page numbers, notations of proprietary information, and any other identifying information on each page are excluded from the margin requirement. Print must be spaced at six lines per inch.

Text font shall be Times New Roman and no smaller than 11 point, but text included on figures and/or matrices may be reduced to 8 point. An Offeror’s proposal must meet the Government’s readability requirement and smaller type shall not be used to circumvent the proposal page limitations.

3.3. Section I, Executed Request for Proposal, shall be submitted both in hard copy and compact disk (CD). The second page of the SF 1442 signed and dated, first page of any and all amendments to the solicitation signed and dated (if applicable), and the original signed bonds.

All hard copies shall be executed with the original signature of the Offeror. Digital copies shall be included with the hard copy proposal submission. All completed Provisions, Representations and Certifications required by the solicitation as set forth in Section 00100, PART I – INSTRUCTIONS, CONDITIONS, and NOTICES TO OFFERORS, Paragraph 1.8. All required documentation, whether digital or hard copy, must be received no later than 2:00PM EST on 7 March 2022. Proposals received after solicitation closure date shall be considered ineligible for award.

3.4. Sections II, Factor 1: Management Capability; Section III, Factor 2: Experience, Section IV, Factor 3: Bonding Capability, Section V: Factor 4: Key Personnel, and Section VI: Factor 5: Past Performance are required in both hard copy and compact disk (CD). They shall follow the same format as outlined in paragraph 3. PROPOSAL FORMAT.

3.5. The proposal should be specific, detailed, and complete in order to demonstrate that the Offeror has a thorough understanding of the solicitation requirements. Statements such as “the Offeror understands, assumes, can, or will comply with the Statement of Work,” statements that paraphrase the Statement of Work (SOW), or contain ambiguous phrases such as “standard procedures will be employed” or “well known techniques will be used” will be considered unacceptable.

3.6. As stated in FAR Clause 52.215-1, the Government intends to evaluate and award a contract without discussions with Offerors (except clarifications as described in FAR 15.306(a)).

Therefore, the Offerors’ initial proposal should contain the Offeror’s best terms from a technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which and efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. If negotiations are deemed necessary, and proposal revisions are requested, they shall be submitted as an edited version of the original PDF document(s) with revised text readily identifiable using bolded font, red in color.

4. FACTOR 1: MANAGEMENT CAPABILITY:

4.1. SUBFACTOR 1 - MANAGEMENT APPROACH: The Government will evaluate an Offeror’s proposed Management Approach to assess the Offeror's knowledge and understanding of the technical requirements to successfully perform all the construction services described in the SOW. The Offeror must submit the following information/items in its proposal:

4.1.1. Its organizational structure delineating lines of management authority, where decision-making authority lies within the organization. The structure shall include subcontractors and/or teaming partners, if applicable.

4.1.2. A Quality Control Plan (QCP) written in accordance with the requirements in SOW Part 8, paragraph 8.13.1.

4.1.3. A description of its management approach to simultaneously and successfully construct three (3) or more projects with an estimated value between $1M and $15M for each project.

4.1.4. A description of its management approach and the ability to simultaneously and successfully design three (3) or more design-build projects with an estimated cost of construction (ECC) between $1M and $15M for each project.

4.2. SUBFACTOR 2 - SAFETY: The Offeror shall submit an Experience Modification Rate (EMR) from its Insurance Company for the past three years.

4.2.1. The EMR represents an Offeror’s historical cost of injuries and future risk, which correlates to the effectiveness of an Offeror’s safety program and its ability to provide a safe workplace for employees, subcontractors and government personnel on the worksite

5. FACTOR 2: EXPERIENCE:

5.1. SUBFACTOR 1: CONSTRUCTION EXPERIENCE: The Government will evaluate an Offeror’s construction experience and ability to successfully perform the construction services required in the SOW. The Offeror shall submit five (5) projects it has completed within in six years from the release date of the solicitation that demonstrate its experience and ability to successfully perform the following construction disciplines:

5.1.1. Offerors may submit projects that identify more than one construction discipline, but all five projects submitted must demonstrate a minimum of one of the required construction disciplines. Offerors may submit projects performed by subcontractors, where the Offeror was the prime contractor.

5.2. SUBFACTOR 2: DESIGN BUILD EXPERIENCE: The Offerors shall describe their design-build capabilities by providing written evidence of the experience of their architectural/engineering design personnel proposed for this contract. SF330 forms shall be provided to include all firms/team members of the design team with no more than five (5) example projects included, (Offerors may submit projects used for the Construction Experience subfactor). Demonstration of capabilities will include the following design disciplines:

6. FACTOR 3: BONDING CAPABILITY.

6.1. Performance and Payment Bond capability shall be evaluated to ensure that an Offeror can provide adequate bonds to protect the interests of the Government and fulfill the requirements of the contract. Bonds will be considered acceptable when the Offeror provides documentation at the time of proposal, with verification from the Surety or Bond Company, to demonstrate a per task order bond capability of $15,000,000, and an annual aggregate maximum bond capability of $60,000,000.00. The corporate bond surety must appear on the Department of Treasury Listing of Approved Sureties (Department Circular 570).

Bond Capability Acceptable / Unacceptable Ratings

7. FACTOR 4: KEY PERSONNEL:

7.1. SUBFACTOR 1: CONSTRUCTION MANAGEMENT PERSONNEL. The Government will evaluate an Offeror’s proposed Key Personnel to assess whether the Offeror has the personnel required to successfully perform all the construction services described in the SOW. Key Personnel are identified in the SOW, Part 1, Paragraph 1.3. The Offeror shall submit resumes for each of its key personnel and identify their job titles, specific duties, responsibilities, and qualifications.

7.2. SUBFACTOR 2: DESIGN TEAM PERSONNEL. The Government will evaluate an Offeror’s proposed key design team personnel to assess whether the Offeror has the personnel required to successfully complete designs for design-build projects. The SF 330s the Offeror submitted for Factor 2 Experience, Subfactor 2, Design-Build Experience, shall be used to evaluate an Offerors qualifications and experience.

8. FACTOR 5: PAST PERFORMANCE:

8.1. The past performance evaluation will assess the relative risks associated with an Offeror’s likelihood of success in performing the solicitation’s requirements as indicated by that Offeror’s record of past performance. In this context, “Offeror” refers to the proposed prime Contractor and teaming partners, subcontractors, or joint ventures. Past performance shall be assessed by evaluating aspects of the Offeror’s relevant, and recent past performance, and how well they performed on prior contracts. Sources of past performance information for evaluation will be provided by the Offeror from the Performance Assessment Questionnaire, which will be tailored to this acquisition. Offerors are advised that the Government may use data provided in the Offeror’s proposal and data obtained from other sources, including but not limited to, other contracts or subcontracts (whether listed or not), and established performance reporting systems such as the Federal Awardee Performance and Integrity Information System (FAPIIS), and the Contractor Performance Assessment Reporting System (CPARS). Information may also be obtained from other sources such as the Defense Contract Management Agency, State Department Watch Lists, and interviews with Program Managers, and Contracting Officers. Management Approach; five (5) projects for Factor 2. Subfactor 1, Construction Experience; five (5) projects for Factor 2, Subfactor 2, Design-Build Experience for evaluation under this factor. Projects submitted for evaluation under this factor can be the same ones submitted has part of the three subfactors mentioned in the previous sentence.

8.1.1. Relevant Assessment. A relevancy determination of the Offeror’s past performance will be made (including joint venture partner(s) and major and critical subcontractor(s)). The past performance information provided in the proposal and information obtained from other sources will be used to establish the degree of relevancy of past performance information.

8.1.2. Recent Assessment. An assessment of the past performance information provided in the proposal and information obtained from other sources will be made to determine if it is recent.

8.1.3. Performance on prior contracts. The past performance evaluation is intended to determine how well the Offeror, subcontractor and/or joint venture partner(s) performed on prior contracts. Offerors shall identify and submit a separate reference for five of the most similar/relevant federal, state, local government, and private sector contracts and subcontracts the firm has performed within the last six years, these references must be from the same projects submitted under Factor 1, Subfactor 1, Management Approach; Factor 2. Subfactor 1, Construction Experience; Factor 2, Subfactor 2, Design-Build Experience. To comply with this requirement, the Offeror shall use the format found in Attachment 15 of the RFP. Offerors shall send the Past Performance Risk Assessment Questionnaire Letter found in Attachment 15 of the RFP to its references (individuals and organizations), and request them to e-mail the completed questionnaires to samara.e.johnson.civ@army.mil and alfredo.m.sanchez.civ@army.mil on or before the due date. The Government will consider the information gathered from The Performance Assessment Questionnaire as well as information obtained from any other source when evaluating the Offeror’s past performance.

END OF PART I – INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

PART II – EVALUATION FACTORS FOR AWARD

1. BASIS OF AWARD:

1.1. The Government intends to award an indefinite delivery/indefinite quantity (ID/IQ) Repair, Rehabilitation and Minor Construction (RRC) Multiple Award Task Order Contract (MATOC) contract to the Offeror whose proposal conforms to the solicitation requirements and judged by an overall assessment of the evaluation criteria and other considerations specified in this solicitation. Incomplete offers may be considered ineligible for award. As set forth in FAR 52.215-1(f)(4), the Government intends to evaluate proposals and award Multiple Award Task Order Contracts (MATOC) without discussions with Offerors (except clarifications as described in FAR 15.306(a)). Therefore, the Offerors’ initial proposal should contain the Offeror’s best terms from a technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which and efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. If negotiations are deemed necessary, and proposal revisions are requested, they shall be submitted as an edited version of the original PDF document(s) with revised text readily identifiable using bolded font, red in color. The proposals will be evaluated on five factors: Management Capability, Experience, Bonding Capacity, Key Personnel, and Past Performance.

1.2. The Government will evaluate each proposal under source selection procedures to determine the extent to which each proposal demonstrates both the capability to perform and a clear understanding of the MATOC IDIQ requirements.

1.3. Proposals shall meet solicitation requirements, and will be evaluated to determine which proposal is technically acceptable based on the evaluation factors. Award will be made to the acceptable and responsible Offeror whose proposal meets the capability standards for non-cost factors in accordance with the terms and conditions of the solicitation and evaluation procedures set forth in Section 00100 of the solicitation.

1.4. The Government will assess the proposal against the evaluation factors, and the soundness, completeness, and adequacy of the approach. The Government will evaluate the information presented in the proposal; where the Government has specified a maximum number of pages, any information above the maximum specified limitation will not be evaluated.

2. EVALUATION CRITERIA:

2.1. Evaluation criteria consists of factors and subfactors. The proposals will be evaluated under five evaluation factors: Management Capability, Experience, Bonding Capacity, Key Personnel, and Past Performance.

2.2. The Government’s primary objective in selecting an awardee for the proposed contract is to make a determination based on a technically acceptable analysis of the proposal found under each evaluation factor.

2.3. EVALUATION FACTORS:

2.3.1. FACTOR 1: MANAGEMENT CAPABILITY: To be considered technically acceptable, Offerors must demonstrate the capability to provide the subfactors set forth below as required by the solicitation. Management Capability will be based on the following subfactors:

2.3.1.1. SUBFACTOR 1 MANAGEMENT APPROACH: The Management Approach sub-factor is met when an Offeror’s proposal contains the following:

1) A detailed description of the proposed organizational structure (to include subcontractors and/or teaming partners, if applicable) delineating lines of management authority, where decision making for task order awards must reside at the local level.

2) A Quality Control Plan (QCP) that meets the requirements in SOW Part 8, paragraph 8.13.1.

3) A detailed description of its management approach demonstrating that it can simultaneously and successfully construct three (3) or more projects with an estimated value between $1M and $15M for each project.

4) A detailed description of its management approach demonstrating that it can simultaneously and successfully design three (3) or more design-build projects with an ECC between $1M and $15M for each project.

2.3.1.2. SUBFACTOR 2 - SAFETY: This subfactor is met when the Offeror’s proposal demonstrates an Experience Modification Rate of 1.0 or lower. An EMR of 1.0 is the industry average.

Management Capability Acceptable / Unacceptable Ratings

2.3.2. FACTOR 2: EXPERIENCE.

2.3.2.1. SUBFACTOR 1 – CONSTRUCTION EXPERIENCE. This subfactor is met when an Offeror submits a minimum of five projects, it has completed within in six years from the release date of the solicitation, that demonstrate its experience and ability to successfully complete projects which contain the eight-construction disciplines found in Part I – Instructions, Conditions, and Notices to Offerors, paragraph 5. Factor 2 Experience, Subfactor 1 Construction Experience.

2.3.2.2. SUBFACTOR 2 – DESIGN BUILD EXPERIENCE. This subfactor is met when an Offeror submits a minimum of five projects it has completed within in six years from the release date of the solicitation, that demonstrate its experience and ability to successfully complete projects which contain the eight-design disciplines found in Part I – Instructions, Conditions, and Notices to Offerors, paragraph 5. Factor 2 Experience, Subfactor 2 Design Build Experience.

Experience Acceptable / Unacceptable Ratings

2.3.3. FACTOR 3: BONDING CAPABILITY. This factor is met when the Offerors submits bonding information in accordance with Part I – Instructions, Conditions, and Notices to Offerors, paragraph 6. Factor 3, Bonding Capability.

Bond Capability Acceptable / Unacceptable Ratings

2.3.4. FACTOR 4: KEY PERSONNEL.

2.3.4.1. Subfactor 1: Construction Management Personnel. This factor is met when an Offeror satisfies the requirements of Part 1, Paragraph 1.3 of the SOW.

2.3.4.2. Subfactor 2: Design Team Personnel. This subfactor is met when an Offeror meets the minimum requirements stated in SOW Paragraph 1.3.4.

Key Personnel Acceptable / Unacceptable Ratings

2.3.5. FACTOR 5: PAST PERFORMANCE.

2.3.5.1. Past Performance shall be assessed by evaluating aspects of the Offeror’s relevant, recent past performance, and how well they performed on prior contracts.

2.3.5.1.1. Relevant Assessment. To be relevant, the Offeror’s work experience must be similar in nature of work, size, complexity, and scope to that required under the solicitation. The Government will conduct an in-depth evaluation of all recent performance information obtained to determine if it is the same/similar in nature, size, and complexity to the services/products being procured under this solicitation. When determining the relevancy for individual contracts, consideration will be given to the effort, or portion of the effort, being proposed by the Offeror, joint venture, or subcontractor whose contract is being reviewed and evaluated.

2.3.5.1.2. Recent Assessment. To be recent, the effort must be ongoing or must have been performed during the six years prior to the date of issuance of this solicitation. Recent past performance is defined as not more than six years prior to the RFP release date.

2.3.5.1.3. Performance on prior contracts. For performance on prior contracts to be evaluated as acceptable, an Offeror, subcontractor and/or joint venture partner must be rated “Satisfactory Confidence” or higher on the Performance Assessment Questionnaire, and/or “Satisfactory” or higher in CPARS. Past performance information rated below the standards above shall be determined Unacceptable. An Offeror that provides no or sparse past performance information shall be rated “neutral.”

2.3.5.1.4. An Offeror without a record of relevant past performance or for whom past performance is not available or is so sparse that no meaningful past performance rating can reasonably be assigned will not be evaluated favorably or unfavorably on past performance (FAR 15.305(a)(2)(iv)). Therefore, the Offeror shall be determined to have unknown (“neutral”) past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered “acceptable.” IAW FAR Subpart 19.6 Certificates of Competency and Determinations of Responsibility, any Offeror determined “unacceptable” during evaluation of its proposal shall have the matter referred to the SBA Government Contracting Area Office in the area where the headquarters of the Offeror is located for a Certificate of Competency determination.

Past Performance Acceptable / Unacceptable Ratings

END OF PART II – EVALUATION FACTORS FOR AWARD

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Multiple Award Indefinite Delivery-Indefinite Quantity with Firm-Fixed-Price Task Orders contract resulting from this solicitation.

(End of provision)

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Mission and Installation Contracting Command 4205 Po valley Rd., Fort Drum, NY 13602.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.252-1 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/browse/index/far https://www.acquisition.gov/dfars

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision)

Section 00600 - Representations & Certifications

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2022)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is $39,500,000.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition--

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $92,319, the provision with its Alternate II applies.

(D) If the acquisition value is $92,319 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

XX (i) 52.204-17, Ownership or Control of Offeror.

XX (ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

XX (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

52.204-24 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 and 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--

(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…