SP4702-25-Q-0009.pdf
PDF 14 MB Posted
- Attached to
- DLA Court Reporting Service
- Solicitation number
- SP4702-25-Q-0009
- Issued by
-
Defense Logistics Agency
About this file
This is a Request for Quotes (RFQ) for court reporting services issued by the Defense Logistics Agency (DLA) Office of Counsel - Land and Maritime. The solicitation seeks a contractor to provide court reporter services for Merit Systems Protection Board (MSPB) hearings, Equal Employment Opportunity Commission (EEOC) hearings, arbitrations, and depositions. The contract will have a base year from June 1, 2025 to May 31, 2026, with four one-year option periods extending through May 31, 2030. The estimated requirement is 100 court reporter hours and 4,000 transcript pages annually, with approximately 5 service events per year.
The procurement is a Lowest Price Technically Acceptable (LPTA) acquisition with three evaluation factors: Technical Qualifications, Past Performance, and Price. Court reporters must hold certification from the National Court Reporters Association (NCRA), American Association of Electronic Reporters & Transcribers (AAERT), or National Verbatim Reports Association (NVRA). Contractors must submit quotes by May 6, 2025 at 11:59 PM EST, with all questions due by April 22, 2025. Quotes will be evaluated based on technical acceptability, with award made to the lowest-priced, technically acceptable offeror. The solicitation allows for both in-person and virtual court reporting services, with a two-hour minimum billing for in-person events and a one-hour minimum for virtual events.
View the file
Other files
| File | Type | Posted |
|---|---|---|
| Bid Sheet Amendment 003.xlsx | XLSX spreadsheet | |
| Amendment 003.pdf | ||
| Amendment 002.pdf | ||
| Bid Sheet Amendment 002.xlsx | XLSX spreadsheet | |
| PWS Updated Amendment 002_.pdf | ||
| QA Solicitation Amendment 002.pdf | ||
| Amendment 001 .pdf |
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Text version
June 01, 2025 - May 31, 2030
Estimated Period of Performance
Option Year Three
Base Year Option Year One Option Year Two
Option Year Four
June 01, 2025 - May 31, 2026 June 01, 2025 - May 31, 2027 June 01, 2025 - May 31, 2028 June 01, 2025 - May 31, 2029
Section B - Bid Sheet
Invoices shall be submitted after the conclusion of all jobs and once all deliverables have been accepted.
Note: All CLINs shall be invoiced on a per job basis. Each job will be pre-approved by the COR before performance is conducted. The Contractor is not entitled to the full amount of this line item unless the full amount is ordered under the service order process. Any funding that is not expensed through service order
Quote pricing shall be based on an hourly rate for each case type outlined in the description box for CLIN series 0001 - 0006 and a rate of per page for transcript deliverables for CLIN series 0007.
Note: CLIN series 0008 is a “not-to- exceed” CLIN with a pre-determined price established by the Government. The Contractor is not entitled to the full amount of this line item unless the full amount is ordered during the period of performance. Any funding that is not approved by the Contracting Officer will be de-obligated and returned to the customer at the end of the performance period. The funds will not be used without prior approval of the Contracting Officer, Appointed Ordering Officer, or the Contracting Officer Representative (COR). Approval will be given in the form of a contract modification or email at the discretion of the Contracting Officer or COR.
Note: Cancellations fees will be charged, IAW with Section C - Performance Work Statement, at a two hour attendance fee and will be invoiced against the original CLIN.
Year CLIN Description Rate / Unit Price UoM
Base Year 0001 Columbus, OH in-person Deposition HR 0002 Columbus, OH in-person Arbitration HR 0003 Columbus, OH in-person Hearing HR 0004 Virtual Deposition HR 0005 Virtual Arbitration HR 0006 Virtual Hearing HR 0007 Deliverables PG 0008 Miscellaneous costs 3,000.00$ NTE
Year CLIN Description Rate / Unit Price UoM
Option Year One 1001 Columbus, OH in-person Deposition HR 1002 Columbus, OH in-person Arbitration HR 1003 Columbus, OH in-person Hearing HR 1004 Virtual Deposition HR 1005 Virtual Arbitration HR 1006 Virtual Hearing HR 1007 Deliverables PG 1008 Miscellaneous costs 3,000.00$ NTE
Year CLIN Description Rate / Unit Price UoM
Option Year Two 2001 Columbus, OH in-person Deposition HR 2002 Columbus, OH in-person Arbitration HR 2003 Columbus, OH in-person Hearing HR 2004 Virtual Deposition HR 2005 Virtual Arbitration HR 2006 Virtual Hearing HR 2007 Deliverables PG 2008 Miscellaneous costs 3,000.00$ NTE
Year CLIN Description Rate / Unit Price UoM
Option Year Three 3001 Columbus, OH in-person Deposition HR 3002 Columbus, OH in-person Arbitration HR 3003 Columbus, OH in-person Hearing HR 3004 Virtual Deposition HR 3005 Virtual Arbitration HR 3006 Virtual Hearing HR 3007 Deliverables PG 3008 Miscellaneous costs 3,000.00$ NTE
Year CLIN Description Rate / Unit Price UoM
Option Year Four 4001 Columbus, OH in-person Deposition HR 4002 Columbus, OH in-person Arbitration HR 4003 Columbus, OH in-person Hearing HR 4004 Virtual Deposition HR 4005 Virtual Arbitration HR 4006 Virtual Hearing HR 4007 Deliverables PG 4008 Miscellaneous costs 3,000.00$ NTE
Section C - PERFORMANCE WORK STATEMENT (PWS)
COURT REPORTER SERVICES
I. INTRODUCTION:
The Defense Logistics Agency (DLA) Office of Counsel has the responsibility to provide court reporter services for Merit Systems Protection Board (MSPB) hearings, Equal Employment Opportunity Commission (EEOC) hearings, arbitrations and depositions in support of our clients. The services of a court reporter capture and preserve a verbatim record of legal proceedings, ensuring the record is both accurate and court-admissible. The court reporter is an impartial third-party officiant who facilitates these proceedings.
II. REQUIREMENT OVERVIEW:
A. Scope:
The scope of the contract is to obtain court reporting services for MSPB hearings, EEOC hearings, arbitrations and depositions in support of our clients for DLA Office of Counsel - Land and Maritime.
B. Background:
The DLA Counsel – Land and Maritime has not previously had a contract for these services.
The Equal Employment Opportunity (EEO) office has a contract which includes court reporter services. The DLA Counsel – Land and Maritime has obtained court reporter services under the EEO contract.
C. Period of Performance:
The DLA Counsel – Land and Maritime proposes a contract for Court Reporter Services for a one-year base period with four (4) one-year option periods.
Estimated Period of Performance
Base Year – June 01, 2025 to May 31, 2026 Option Year One – June 01, 2026 to May 31, 2027 Option Year Two – June 01, 2027 to May 31, 2028 Option Year Three – June 01, 2028 to May 31, 2029 Option Year Four – June 01, 2029 to May 31, 2030
D. Rationale/Justification:
The DLA Counsel – Land and Maritime has a requirement to provide a court reporter on an as-needed basis. This requirement is best sourced through contractor-provided, performance-based services.
E. Definitions:
1. Arbitration – a formal process that allows parties to settle their disagreements without going to court by using a neutral third party.
2. Deposition – a legal process where a witness provides oral testimony under oath before a trial.
3. Hearing – a formal session before a judge or judicial officer where legal issues are discussed and decided.
4. Deliverables - a printed, or typed copy of dictated or recorded material, made available upon request for dissemination
III. REQUIREMENTS/TASKS:
A. Introduction:
1. The Contractor shall provide court reporter services and provide transcripts as needed for scheduled hearings, arbitrations and depositions as required.
2. The services provided under this contract shall be performed in person or virtually.
B. Specific Requirements: The DLA Counsel – Land and Maritime requires vendor performance of the following services:
1. Court Reporter Services: A total of 100 hours per year is an estimated requirement. Court Reporter services are defined as an impartial third-party officiant who facilitates and transcribes speech from legal proceedings.
2. Transcripts: A total of 4,000 pages per year is estimated for this requirement. Transcripts are defined as a printed, or typed copy of dictated or recorded material, made available upon request for dissemination
3. We estimate the need for court reporter services around 5 times per year. Each location has varying service needs. Each service will be on an as needed basis and invoices will reflect work completed.
C. General Requirements:
Contractor performance shall conform to the following guidelines:
1. The Contractor shall provide all necessary personnel, services, and materials needed to perform the work set forth in this PWS including but not limited to all necessary equipment and related materials/office supplies.
2. Equipment shall be able to transition between or within rooms, if necessary, without losing the transcripts or notes typed prior to each move.
D. Administrative Matters:
1. All assignments under this contract shall be at the DLA Counsel – Land and Maritime in Columbus, Ohio, and DLR sites in Warren, Michigan, Aberdeen, Maryland, and Mechanicsburg, Pennsylvania, unless otherwise indicated. DLA Counsel – Land and Maritime shall provide the Contractor with the full location address, building number, room number, the dates and times of the event, and the specific type of event.
A. Court reporter services may be required off-site. The DLA Counsel – Land and Maritime shall be responsible for providing visitor notification to the off-site facility and providing the court reporter with instructions for access to that facility.
B. Court reporter services may be required virtually. In this situation, the DLA Counsel – Land and Maritime shall provide the vendor with the necessary information to connect to the applicable virtual platform. The platforms used are TEAMS, Zoom or WebRTC.
2. All in-person services will be billed at a two-hour minimum to allow time accessing the DLA installation. Virtual court reporter services will be billed at a one-hour minimum.
3. In the instance where an appointment runs over the scheduled time, the vendor shall continue performance. In such an instance, the vendor shall:
A. Notify the Contracting Officer’s Representative (COR) of the actual performance duration within (1) business day.
B. Invoice for the additional services performed in thirty (30) minutes increments.
C. Exceptions to continued performance are if the Government has explicitly instructed the vendor in advance that no such continued performance shall occur, or if the vendor is unable to continue performance past the scheduled time due to other preexisting commitments (in which case the vendor shall provide advanced notice to the COR).
4. Upon receipt of a court reporter requirement, the DLA Counsel – Land and Maritime will contact the Contractor allowing time to meet the requirements as follows:
Virtual Services:
A. Five (5) business days in advance of any single event.
B. Ten (10) business days in advance for a long (more than 24 hours) session.
In-Person Services:
A. Five (5) business days in advance of any single event.
B. Ten (10) business days in advance for a long (more than 24 hours) session.
Requests with less than 24-hour notice will be handled based upon the availability of court reporter service(s).
5. The Office of Counsel COR will provide the following information:
A. Dates of the event include daily start and end times.
B. Event POC of the organization requesting the court reporter services (name, email address, telephone number, and location).
C. Case caption.
D. Type of event(s).
E. Length of time for the event(s).
F. Location of the event(s).
6. Upon arrival, the court reporter(s) will contact the event POC to be escorted to the event(s) where the service is needed, and ensuring the court reporter is escorted to the check-out location, as necessary.
7. Cancellations:
A. Assignments can be cancelled by the Government at any time.
B. If any job is cancelled more than 24 business hours prior to start of scheduled event, the government will incur no cancellation fee. If the job is cancelled less than 24 business hours from the scheduled start, the contractor may charge a two-hour attendance fee.
C. If a scheduled assignment is ended early by the Government, the contractor may invoice for the full number of scheduled hours for that day.
D. Any changes in assignment hours, the contractor must notify the COR within 24 business hours.
8. Scheduling Changes: The Contractor shall provide to the DLA Counsel – Land and Maritime 24 business hours prior notice of the court reporter’s name for the scheduled assignments. Any last-minute changes shall be in writing to the DLA Counsel – Land and Maritime.
9. The Contractor shall be responsible for ensuring the court reporter has complete and accurate job information prior to day of assignment.
10. Court reporter(s) shall contact the DLA Counsel – Land and Maritime or designated POC upon arrival for assistance with accessing the facility and must arrive approximately 30 minutes before the scheduled assignment to clear security and complete travel to the event location. All Contractor personnel or any representative of the contractor entering any Government facility or Government-leased facility shall abide by all security regulations and be subject to security checks. Access to DLA activities’ installations shall be coordinated with the Office of Counsel or designated POC to ensure any site-specific requirements are met.
11. Travel: No travel expenses will be reimbursed.
12. Billing: Billed time begins with security check-in and concludes with the conclusion of the event. For multi-day events, the second and subsequent days will be billed for the actual hours of the event. Time taken for meals shall not be billed. Other breaks are billable.
13. Qualifications: All proposed court reporters must be of an acceptable level of proficiency and ability before they are able to perform under the contract. Court reporter(s) shall hold one or more certifications with a US organization (e.g., National Court Reporters Association (NCRA), American Association of Electronic Reporters & Transcribers (AAERT), National Verbatim Reports Association (NVRA)).
14. Security and Privacy Act Requirements: All work performed relative to the tasking identified in the PWS are unclassified or carry a Privacy Act Classification. System security shall be in accordance with Security Requirements for Automated Information System.
15. Security Investigation Requirements: No classified work will be required.
However, the contractor will be working with sensitive information which is covered by the Privacy Act.
16. Government Point of Contacts:
a. Contracting Officer: Becky Hard Becky.Hard@dla.mil (614) 981- 1791
b. Contract Specialist: Brett Cox Brett.A.Cox@dla.mil (614) 692- 9622
c. Contracting Officer’s Representative (COR):
DLA Office of Counsel - Land and Maritime, Roscille Cobb – Roscille.Cobb@dla.mil (614) 692-7394
17. SERVICE CONTRACTOR REPORT (SCR) FAR 52.204-14
The contractor shall report all contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Defense Logistics Agency via a secure data collection site.
Reporting input will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year.
Steps for Submitting a Service Contract Report (SCR)
Go to www.sam.gov and log in.
Select Entity Registrations and then select Service Contract Reporting.
SAM displays your entities which have service contracts and meet the reporting criteria. Select View by entity to see the service contracts for each entity.
Next, select Add for the service contract against which you want to create a
Service Contract Report. Each service contract which meets the FAR Subpart
4.1703 reporting thresholds is displayed.
You will be taken to the Complete Service Contract Report page. SAM displays the contract details and allows you to report. You are required to enter the following information:
Total Amount Invoiced: Total dollar amount invoiced for services performed during the previous Government fiscal year under the contract (this amount should include the prime and any subcontract amount).
Prime Contractor Hours Expended: Prime contractor direct labor hours expended on the services performed during the previous Government fiscal year. The amount you enter is automatically divided by 2,080 hours to calculate a Full Time Employee (FTE) equivalent, displayed under the Prime Contractor Hours Expended as Prime Contractor FTEs.
Report any required Tier 1 subcontractor information by selecting the Add Tier 1 Subcontract Information button.
18. Common Access Card (CAC) Procedures (DLAM 1000.13) do not apply to this requirement.
Section K
52.212-3 —
As prescribed in 12.301(b)(2), insert the following provision:
—Commercial Products and Commercial Services (May 2024)
The shall complete only paragraph (b) of this provision if the has completed the accessed through https://www.sam.gov. If the has not completed the annual shall complete only paragraphs (c) through (v) of this provision.
(a) . As used in this provision— has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
- 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 -with 13 CFR 127.300 -owned small business eligible under 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 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.
- means the entity that owns or controls an immediate owner of the that owns or controls one or more entities that control an immediate owner of the owns or exercises control of the highest level owner.
means an entity, other than the 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.
an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and 6 U.S.C. 395(c).
means any end product in product and service codes (PSCs) 1000- 9999, except—
(1)
(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)
(10) PSC 9630, Additive Metal Materials.
means the place where an end product is assembled out of components, or the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
means an entity that is replaced by a successor and includes any predecessors of the predecessor.
has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military
(Pub. L. 110-174). Restricted business operations do not include business operations that the
2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended."Sensitive technology"—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to
(i)
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act ( 50 U.S.C. 1702(b)(3)).
- - means a small business concern—
(1)
(i) -disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or
(2) A small business concern 128 (see subpart 19.14).
(3) - 38 U.S.C.
101 38 U.S.C. 101(16), and who is successor system service-disabled veteran.
(1)
(2)
- - means a program that authorizes to limit competition, including award on a sole-source basis, to
(1) Means a concern, including its 13 CFR part
121 and size standards in this solicitation.
(2) controls or has the power to control the others, or a third party or parties control or have the power s, consideration is given to all appropriate factors including common ownership, common management, and contractual
, consistent with 13 CFR 124.1001, means a small business concern under the size standard applicable to the acquisition, that—
(1) 13 CFR 124.105) by—
(i) 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and
(2) means an entity in which more than 50 percent of the entity is owned—
(1)
(2) Through another subsidiary of a parent corporation means an entity that has replaced a predecessor by acquiring the assets and carrying predecessor under a new name (often through acquisition or merger). The term or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may
- means a small business concern—
(1) at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
- means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women
- means a small business concern—
(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
- (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is ce - 13 CFR 127.300.
(b)
(1) . Any changes provided by the in paragraph
(2) The accessed through http://www.sam.gov. After reviewing SAM information, the submission of this at FAR 52.212-3, -Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) appl solicitation), at the time this is submitted and are incorporated in this by reference (see FAR 4.1201), except for paragraphs
(c) must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.
(1) . The represents as part of its that—
(i) It is, is not a small business concern; or
(ii) It is, is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [
(2) - . [ .] The represents as part of its that it is, is not a veteran-owned small business concern.
(3) [ - ] The represents that it is, is not an
(4) . The represents that it is, requirements of 13 CFR 128.402. [
(5) The represents that it is, is not a small disadvantaged business concern 13 CFR 124.1001.
(6) - . [ .] The represents that it is, is not a women-owned small business concern.
(7) The represents that it is, is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c).
(8) - The represents that it is, is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [
Complete paragraphs (c)(9) and (10) only if this solicitation is expected to exceed the
(9) - ). [
.] The represents that it is a women-owned business concern.
(10) . If this is an invitation for bid, small business may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by -tier subcontractors) amount to more than 50 percent of the contract price:____________
(11) . [ .] The represents, as part of its that–
(i) It is, is not a small business concern listed, on the date of this representation, as small business concern
Search and SAM, and will attempt to maintain an employment rate of e residents of 35 percent of its employees during performance of a (see 13 CFR 126.200(e)(1));
and
(ii) It is, is not a joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [
______.] Each small business concern participating in the joint venture shall provide representation of its status.
(d) Representations required to implement provisions of Executive Order11246-
(1) Previous contracts and compliance. The represents that-
(i) It has, has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and
(ii) It has,
(2) . The represents that-
(i) It
Labor (41 CFR parts 60-1 and 60-2), or
(ii) It requirement of the rules and regulations of the Secretary of Labor.
(e) . (Applies only if the contract is expected to exceed at employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants unde 1995 have made a lobbying contact on behalf of the with respect to this contract, the shall complete and submit, with its Lobbying Activities, to provide the name of the registrants. The need not report regularly to whom payments of reasonable compensation were made.
(f) . (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1 -Supplies, is included in this solicitation.)
(1)
(i) The end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that each domestic end product listed in paragraph (f)(3) of this provision contains a critical component.
(ii) The shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.
(iii) The shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).
(iv) -the-shelf (COTS) item,” “critical component,” “domestic end product,” "end product," "foreign this solicitation -Supplies."
(2) Foreign End Products:
No.
(3) end products containing a critical component:
Line Item
(4) The Government will evaluate in accordance with the policies and procedures of FAR part 25.
(g)
(1) - - . (Applies only if the clause at FAR 52.225-3 -Free Trade Agreements-Israeli Trade Act, is included in this solicitation.)
(i)
(A) The end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product and that each domestic end product listed in paragraph (g)(1)(iv) of this provision contains a critical component.
end product," "commercially -the-shelf (COTS) item," "critical component," "domestic end product," "end product,"
"foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli this solicitation -Free Trade Agreements-Israeli Trade Act."
(ii) The supplies are Free Trade Agreement country end products end products) or Israeli end products solicitation entitled -Free Trade Agreements-Israeli Trade Act."
Free Trade Agreement Country End Products or Peruvian End Products) or :
No.
(iii) The shall list those supplies that are foreign end products (other than those listed in clause of this solicitation
American-Free Trade Agreements-Israeli Trade Act." The shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.
No.
[List as necessary]
(iv) The shall list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).
Line Item ___
[List as necessary]
(v) The Government will evaluate in accordance with the policies and procedures of FAR part 25.
(2) - - II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The supplies are Israeli end products clause of this solicitation —Free Trade Agreements—Israeli Trade Act”:
No.
(3) - - III. If Alternate III to the clause at 52.225-3 is included in this
-the-shelf (COTS) item,” “critical component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and solicitation —Free Trade Agreements—Israeli Trade Act.”
(g)(1)(ii) The supplies end products or Israeli end products solicitation —Free Trade Agreements—Israeli Trade Act”:
End Products or Israeli End Products:
No.
(4) . (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)
(i) The end product, except those listed in paragraph (g)(4)(ii) of this provision, is a U.S.-made or designated country end product, as this solicitation entitled "Trade Agreements."
(ii) The shall list as other end products those end products that are not U.S.-made or designated country end products.
No.
(iii) The Government will evaluate in accordance with the policies and procedures of FAR part 25. For line items covered by the WTO GPA, the Government will evaluate of U.S.-made or designated country end products statute. The Government will consider for award only of U.S.-made or designated country end products unless the determines that there are no for such products or that the for such products solicitation.
(h) ). (Applies only if the contract value is expected to exceed the acquisition threshold.) The the best of its knowledge and belief, that the and/or any of its principals–
(1) Are, are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(2) Have, have not, within a three-year period preceding this with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;
(3) Are, are not presently indicted for, or otherwise criminally or civilly charged by a clause; and
(4) Have, have not, within a three-year period preceding this delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the
(i) Taxes are considered delinquent if both of the following criteria apply:
(A) rights have been exhausted.
. 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.
(ii) .
(A)
Should the taxpayer liability until the taxpayer has exercised all judicial appeal rights.
, and to further appeal to the Tax Court if the contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liabi Should the taxpayer seek tax rights.
(C) 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.
(i)
(1)
(2)
(i) end product
(ii) may end product
(j) solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly-
(1) In the United States end products manufactured in the United States end products manufactured outside the United States); or
(2) Outside the United States.
(k) as to its compliance with respect to the contract also services.) [ ]
(1) 22.1003-4(c)(1).
The does does not certify that–
(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;
(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment;
and
(iii) under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.
(2) 22.1003-4(d)(1). The does does not certify that-
(i) -Governmental customers, and are provided by the (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;
(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii));
(iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and
(iv) under the contract is the same as that used for these employees and equivalent employees servicing commercial customers.
(3) If paragraph (k)(1) or (k)(2) of this clause applies–
(i) If the does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting did not attach a Service Contract Labor Standards wage determination to the solicitation, the shall notify the as soon as possible; and
(ii) The Contracting may not make an award to the if the fails to execute the as required in paragraph (k)(3)(i) of this clause.
(l) 26 U.S.C. 6109, 31 U.S.C. 7701 the is required to provide this information to the SAM to be eligible for award.)
(1) All must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS).
(2) may be used by the Government to collect and report on any delinquent amounts arising out of the 31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904 hereunder may be matched with IRS records to verify the accuracy of the
(3) .
is a nonresident alien, foreign corporation, or foreign partnership that does not have nt in the United States;
is an agency or instrumentality of a foreign government;
is an agency or instrumentality of the Federal Government.
(4) .
Sole proprietorship;
Partnership;
Corporate entity (not tax-exempt);
Corporate entity (tax-exempt);
Government entity (Federal, State, or local);
Foreign government;
International organization per 26 CFR1.6049-4;
Other ________________________________.
(5) .
is not owned or controlled by a common parent;
(m) the does not conduct any restricted business operations in Sudan.
(n) Prohibition on Contracting with
(1) 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.
(2) . The represents that–
(i) It is, is not an inverted domestic corporation; and
(ii) It is, is not a subsidiary of an inverted domestic corporation.
(o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran.
(1) The shall e-mail questions concerning sensitive technology at .
(2) . Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its -
(i) Represents, to the best of its knowledge and belief, that the does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;
(ii) any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and
(iii) engage in any transaction that exceeds the threshold at FAR 25.703-2 which are blocked pursuant to the International Emergency Economic Powers Act (et seq.) (see at https://www.treasury.gov/resource- -List/Pages/default.aspx).
(3) this provision do not apply if-
(i) This solicitation , 52.212-3(g) or a comparable agency provision); and
(ii) The products to be supplied are designated country end products.
(p) . (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a in the solicitation).
(1) The represents that it has or does not have an immediate owner. If the has more than one immediate owner (such as a joint venture), then the shall respond to paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint venture.
(2) If the indicates "has" in paragraph (p)(1) of this provision, enter the following information:
Immediate owner CAGE code: ____________________.
Immediate owner legal name: _____________________.
Is the immediate owner owned or controlled by another entity: Yes or
(3) If the indicates "yes" in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:
Highest-level owner CAGE code: __________________.
Highest-level owner legal name: ___________________.
(q)
(1) 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–
(i) 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
(ii) 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.
(2) The represents that–
(i) 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
(ii) It is is not a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
(r) (Applies in all solicitations that include the provision at 52.204-16, Commercial and Government Entity Code Reporting.)
(1) The represents that it is or is not a successor to a predecessor that held a Federal contract or grant within the last three years.
(2) If the has indicated "is" in paragraph (r)(1) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):
Predecessor CAGE code: (or mark "Unknown").
Predecessor legal name: ____.
(s) [Reserved].
(t) . Applies in all solicitations that require to register in SAM ( 12.301(d)(1)).
(1) This representation shall be completed if the received $7.5 million or more in contract received less than $7.5 million in Federal contract awards in the pri
(2) to check applicable block(s) in paragraph (t)(2)(i) and (ii)].
(i) The (itself or through its immediate owner or highest-level owner) does, does not publicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible website the results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard.
(ii) The (itself or through its immediate owner or highest-level owner) does, does not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly accessible website a target to reduce absolute emissions or emissions intensity by a
(iii) A publicly accessible website includes the -party greenhouse gas emissions reporting program.
(3) If the checked "does" in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision, respectively, the shall provide the publicly accessible website(s) where greenhouse gas emissions and/or reduction goals are reported:____________.
(u)
(1) Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign eements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
(2) The prohibition in paragraph (u)(1) of this provision does not contravene requirements applicable er form issued by a Federal department or agency governing the nondisclosure of
(3) represents that it will not require its statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (
(v) - Section 889(a)(1)(A) and -232.
(1) The 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".
(2) The represents that–
(i) It does, does not provide covered telecommunications equipment or services as a part of its products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
(ii) After conducting a reasonable inquiry for purposes of this representation, that it does, does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.
As prescribed in 4.2105(a), insert the following provision:
Representation Regarding Certain Telecommunications and Video Surveillance Services or
The shall not complete the representation at paragraph (d)(1) of this provision if the has represented that it "does not provide covered telecommunications equipment or 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, - Commercial Products or Commercial Services. The shall not complete the representation in paragraph (d)(2) of this provision if the 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) As used in this provision— have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) .
(1) 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 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) permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) 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 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) permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) The 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) The 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 shall provide the additional disclosure information required at paragraph (e)(1) of this section if the responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the 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 shall provide the additional disclosure information required at paragraph (e)(2) of this section if the responds "does" in paragraph (d)(2) of this section.
(e)
(1) has responded "will" in the representation in paragraph (d)(1) of this provision, the shall provide the following information as part of the
(i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include entity name, manufacturer (OEM) or a distributor, if known);
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 number, manufacturer part number, or wholesaler number; and item description, as applicable); or
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) has responded "does" in the representation in paragraph (d)(2) of this provision, the shall provide the following information as part of the
(i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include entity name, known);
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 number, manufacturer part number, or wholesaler number; and item description, as applicable); or
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)
-26 -
As prescribed in 4.2105(c), insert the following provision:
Covered Telecommunications Equipment or…
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