Combine Synopsis Solicitation _W90VN6-24-R-A999-0002.docx

Combined Synopsis/Solicitation 51st Civil Engineer Squadron Remove, Clean and Dispose of Portable Latrines, Grease Traps, Septic Tanks and Lift Stations for Osan AB

W90VN6-24-R-A999-0002

21 May 2024

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposal or quotes are being requested and a written solicitation will not be issued.

2. This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2024-04 effective 1 April 2024. The complete text of any of the clauses and provisions may be accessed in full text at https://www.acquisition.gov/browse/index/far.

3. This Solicitation is unrestricted. The associated North American Industrial Classification System (NAICS) code for this procurement is 562991- Septic Tank and Related services with a business size standard of 9 million dollars.

4. DESCRIPTION: Remove, Clean and Dispose of Portable Latrines, Grease Traps, Septic Tanks and Lift Stations for Osan AB

5. QUESTIONS: Submit technical questions to the Contract Specialist, Ms. Yuchin Nam at yuchin.nam1.ln@army.mil and the Contracting Officer, MAJ Kindig at matthew.l.kindig.mil@army.mil via email no later than 10 May 2024, 9:00 AM (KST, Korean Standard Time). Please include the solicitation number (W90VN6-24-R-A999) in the subject line on the email. Telephonic (verbal) questions will not be addressed. All responses to questions, which may affect offers, will be incorporated into a written amendment to the Request for Proposal.

6. PROPOSAL SUBMISSION: Offerors are requested to submit a proposal or quote for the line items on the Schedule of service; Attachment 1 and technical proposal including company name. It must be received in writing, via email to the Contract Specialist at yuchin.nam1.ln@army.mil and the Contracting Officer at matthew.l.kindig.mil@army.mil no later than 24 May 2024, 1:00 PM (KST, Korean Standard Time).

The following Federal Acquisitions Regulations (FAR) apply to this acquisition:

PROVISIONS AND INSTRUCTIONS TO OFFERORS

Addendum to 52.212-1 Instructions to Offerors -- Commercial Items (September 2023) applies to this acquisition.

7. ATTACHMENTS:

1. Schedule of Service

2. Performance Work Statement (Dated 1 April 2024)

3. Appendix A through E

8. SITE VISIT:

See the detail information under Addendum to FAR 52.212-1, Instruction to Offerors- Commercial Items (SEP 2023) in accordance with FAR 52.237-1 Site Visit

9. PROPOSAL PREPARATION INSTRUCTIONS

Notice to Offerors All sources may submit a proposal or quote as applicable. However, the Republic of Korea (ROK)-United States (U.S.) Status of Forces Agreement (SOFA), precludes the U.S. Government from granting Invited Contractor or Technical Representative status to any offeror, for this requirement. All sources submitting a proposal or quote, as applicable, including U.S. sources, must already have, or obtain the requisite business licenses directly from the ROK Government, and conduct business in accordance with all applicable ROK laws, including but not limited to, rules and policies regarding labor, taxation, and immigration. Any contractor not already doing business in Korea as a local source, must submit adequate verification in its initial proposal or quote, that it has the requisite authorization and capacity to compete for the requirement as a local source, and to perform the contract as a local source. If an initial proposal does not fully demonstrate this authorization and capacity, it will not be further considered for award. Whether an offeror qualifies as a local source shall be determined by the Contracting Officer. Offeror shall propose in Korean Won.

Addendum to FAR52.212-1, INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (SEP 2023)

1. SUBMISSION REQUIREMENTS:

These instructions are designed to ensure submission of essential information in order for the Government to understanding and evaluate proposals. Offerors are cautioned to follow the detailed instructions fully and carefully, as the Government reserves the right to make award based on initial offers received, without discussions with Offerors.

Offerors are cautioned to submit adequate information to enable the Government team to fully ascertain each Offeror’s capability to perform all the requirements identified in the solicitation. All commitments made in the proposal shall become a part of the resultant contract.

Offerors are required to submit the complete offers (Technical Data Past Performance Information, and Pricing) by e-mail to Contract Specialist, Ms. Nam, Yuchin at yuchin.nam1.ln@army.mil and Contracting Officer, MAJ Kindig, Matthew at matthew.l.kindig.mil@army.mil at no later than 13:00 hours Local Standard Time (KST) on the closing date of Combined Synopsis Solicitation. All questions shall be submitted via email to the same personnel via e-mail within three (3) days after site visit. Questions received after this date may not be answered. Failure to submit offers via email as required in this solicitation shall be grounds for determining the offer to be ineligible for contract award.

(1) Offerors are required to submit proposals electronically in response to this solicitation in the following:

FACTOR I. TECHNICAL CAPABILTY

2 Copies (1 Original + 1 Copy with company name or 1symbol redacted). 100 pages limitation (any page exceeding the page limit will not be considered for evaluation)

Sub-factor 1. Prime Contractor's License:

The offeror shall be evaluated on their submittal of a current and valid license to Pick Up and Transport Human Waste (분료수집운반업) issued by Pyeongtaek City Government Office. IAW Korean Environmental Law. A Subcontractor's license cannot be substituted for the Prime contractor’s registrations.

Sub-factor 2. Prime Contractor's Prior Work Experience:

The contractor will be evaluated on submitted documentation demonstrating a minimum of two (2) years verifiable experience within the last five (5) years from the issuance date of the solicitation in performing maintenance and cleaning service of portable latrines, septic tanks and grease traps. The prime offeror’s experience shall not be substituted by sub-contractor’s prior experience. The offeror shall provide prior experience in below format:

· The title of the contract/project

· A brief description of performance

· Period of contract/project (year/month/date – year/month/date)

· Value of contract/project

· Complete name and phone number of point of contact at Client Organization

NOTE: Offerors shall demonstrate a legal binding relationship with any entity subcontracted to perform under this contract. Offerors are required to submit the written Subcontract Agreement.

FACTOR II. PRICE

No Page Limit. 1 Original shall be provided by Excel Sheet and provided price total summary including prices of base and options of 1st, 2nd, 3rd, and 4th.

(a)The offeror shall provide complete CLINs/Sub-CLINs identified for base period plus four (4) one year options. Proposed price will be reviewed to determine if the estimate price is complete and reasonable. The pricing proposals will be evaluated in accordance with FAR 13.106-3(a).

Factor III. PAST PERFORMANCE:

The offeror shall provide minimum two (2) years recent or relevant past performance in performing waste management service within the last five (5) years from the issuance date of this solicitation. Relevant past performances those that are the same or similar services. This data on recent contracts will be used by the Contracting Officer to evaluate past performance. The following information shall be included as applicable:

· The title of the contract/project

· A brief description of performance

· Period of contract/project (year/month/date – year/month/date)

· Value of contract/project

· Complete name and phone number of point of contact at Client Organization

(2) POINT OF CONTACT (POC): Offeror shall provide the Name(s), office/mobile telephone numbers, and e-mail address of person(s) authorized to conduct discussions/negotiations and to financially bind the company.

Contract References to “Day”: Unless otherwise stated herein, all references to ‘day” shall be interpreted to mean ‘calendar day’.

(3) COMPLETION OF PROVISIONS/CLAUSES:

Offeror(s) shall fill out the following FAR or local clauses and submit as the final part of the price proposal:

(1) 52.212-3, Alt 1, Offeror Representations and Certifications--Commercial Items Alternate I.

(2) Attachment, Contractor’s Tax Exemption Declaration

SITE VISIT:

a. Offerors are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the price of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award. The site orientation schedule is as follows:

Place: Morin Gate, Osan AB Date and Time: 10:00 hours, 7 May 2024

b. Offeror shall submit the following information to Ms. Yuchin Nam at yuchin.nam1.ln@army.mil by 3 May 2024, 1000 hours for temporary access.

· Company Name

· Name(s) (Maximum of 2 individuals per Offeror)

· Korean Identification Number (for local nationals) and Social Security Numbers (for U.S. citizens or permanent residents).

c. The attendee must bring a photo identification card (주민등록증 또는 운전면허증)

(End of ADDENDUM to FAR 52.212-1 Instruction to Offerors - Commercial Items)

Evaluation Factors for Award

Addendum to FAR 52.212-2 Evaluation-Commercial Products and Commercial Services (Nov 2021)

(a)The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and sub-factors in the solicitation. The Contract will be Firm Fixed Price Contract. Award will be made using source selection procedures in accordance with Federal Acquisition Regulation (FAR) Part 12 "Acquisition of Commercial Items" and in conjunction with the policies and procedures prescribed in FAR Part 13.5 "Simplified Acquisition Procedures for Certain Commercial Items."

This acquisition will be conducted using the Lowest Priced, Technically Acceptable (LPTA) process; therefore, award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors. In order to be considered for award, there must be an "acceptable" rating in every non-price factor/sub-factor. A rating of "unacceptable" for any factor or sub-factor will result in the entire offer being rated "unacceptable". No other rating or qualitative value will be assigned.

In accordance with FAR 52.212-1 “Instructions to Offerors-Commercial Items (JUN 2008), the Government reserves the right, based on the Government’s best interests, to make a determination to: 1) award without discussions; 2) make a single award for this requirement; 3) establish a competitive range in order to conduct discussions (the Government retains the right to limit the competitive range to the “most highly rated proposals” for the purpose of efficiency); and/or 4) make no award if, upon evaluation, none or the proposals are deemed likely to meet the requirements.

A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. The following ratings will be used in evaluating all non-price factors and subfactors except Past Performance: Acceptable Proposal clearly meets the minimum requirements of the solicitation Unacceptable Proposal does not clearly meet the minimum requirements of the

The following ratings will be used in evaluating all non-price factors and subfactors except Past Performance:

FACTOR I. TECHNICAL CAPABILTY

Sub-factor 1. Prime Contractor's License:

The offeror shall be evaluated on their submittal of a current and valid license to Pick Up and Transport Human Waste (분료수집운반업) issued by Pyeongtaek City Government Office IAW Korean Environmental Law. A Subcontractor's license cannot be substituted for the Prime contractor’s registrations.

Sub-factor 2. Prime Contractor's Prior Work Experience:

The contractor will be evaluated on submitted documentation demonstrating a minimum of two (2) years verifiable experience within the last five (5) years from the issuance date of the solicitation in performing maintenance and cleaning service of portable latrines, septic tanks and grease traps. The prime offeror’s experience shall not be substituted by sub-contractor’s prior experience. The offeror shall provide prior experience in below format:

· The title of the contract/project

· A brief description of performance

· Period of contract/project (year/month/date – year/month/date)

· Value of contract/project

· Complete name and phone number of point of contact at Client Organization

FACTOR II. PRICE

No Page Limit. 1 Original shall be provided by Excel Sheet and provided price total summary including prices of base and options of 1st, 2nd, 3rd, and 4th.

(a) The offeror shall provide complete CLINs/Sub-CLINs identified for base period plus four (4) one year options. Proposed price will be reviewed to determine if the estimate price is complete and reasonable. The pricing proposals will be evaluated in accordance with FAR 13.106-3(a).

(b) Price Analysis in conjunction with Technical Analysis will be used to perform a Price Reasonableness Analysis to determine if the price is fair and reasonable for the work to be performed. Pricing shall be included for all CLIN for each year and a total for all five years (Prices shall be in local currency-Korean Won). The proposal will be evaluated to determine whether the proposal reflects a thorough understanding of the PWS, and whether the price proposed is consistent with performance described in the technical proposal.

The following applies to that evaluation

- Completeness. The Offeror shall complete the pricing information for each contract line item identified for each year and option year. (Include total price for all five (5) years). Price proposals, which are unrealistically low, will be deemed reflective of a failure to comprehend the complexity and risk of the proposed contractual requirement and may be grounds for rejection of the proposal. Any underlying assumptions including proposed escalation rates between base and subsequent option periods shall be clearly explained.

- Reasonableness. Price analysis techniques will be used to evaluate the Offeror’s full understanding of the requirement, is reasonable for the work to be performed, and is consistent with approaches in the Offeror's technical proposal. Price should also reflect fair market value and be reasonable when compared to the other offers.

- Price is not scored. The Government will review the price proposal to determine the extent to which it is reasonable, realistic, and consistent with the technical proposal. The lowest price for award purposes will be the combined total of the base year and all option periods. Price must include all CLINs as listed on the Price Schedule, including option CLINs/subCLINs. The Government intends to evaluate proposals and award a contract without discussions. Therefore, Offerors are instructed that submitted proposals should contain their best pricing.

(c) As part of price evaluation, the Government will evaluate its option to extend services (FAR Clause 52.217-8 - Option to Extend Services) by adding one-half of the Offeror’s final option period prices to the Offeror’s total price. Thus, the Offeror’s total price for the purpose of evaluation will include the base period, 1st option, 2nd option, 3rd option, 4th option, and one-half of the 4th option. Offerors are required only to price the base and four (4) options. Offerors shall not submit a price for the potential one-half year extension of services period.

(d) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(e) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

Factor III. PAST PERFORMANCE

Past performance shall be evaluated on an acceptable/unacceptable basis. Offerors are authorized to provide information on the problems encountered on the identified contracts and the Offeror’s corrective actions. The Government may ascertain past performance information on the Offeror from sources other than the references provided. In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the Offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.

The contractor shall have minimum two (2) years recent and relevant past performance within the last five (5) years as of the opening date of the solicitation. Relevant past performance are those that are the “same or similar” services based on scope and contract type. The past performance will be evaluated for all offeror’s proposals by the Contract Specialist/Contracting Officer in the following manner:

Past Performance Acceptable/Unacceptable Rating Method

Review of the detailed explanation submitted by offerors demonstrating the relevance of the references to the requirements of the solicitation.

References will be contacted by phone or email to verify contents in detail explanation and to determine record of compliance with contract requirements, accuracy of reports, technical and quality awards/certificates.

The Government reserves the right to obtain past performance information from any reasonable source available, including Government database in order to evaluate past performance. The offeror shall provide past performance information on past or current contracts (including Federal/local Government and private) for efforts that are the same or similar to the Government’s requirement during the past five (5) years. Offerors are authorized to provide information on problems encountered on the identified contracts and the offeror’s corrective actions. The offeror shall describe its past performance on contract it has held which are of similar scope and magnitude to that which is detailed in the solicitation. A maximum of three (3) references will be evaluated.

(End of ADDENDUM to FAR 52.212-2 Evaluation - Commercial Items)

FAR Clauses Incorporated by Reference

FAR Clauses Incorporated by Full Text

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 562991.

(2) The small business size standard is $7,500,000.

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

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

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

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

(ix) 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.

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

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(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.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

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

(xiv) 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.

(xv) 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 items.

(xvi) 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.

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

(xviii) 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.)

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

(xx) 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 $80,317, the provision with its Alternate II applies.

(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.

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

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

(xxiii) 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.

(xxiv) 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:

[Contracting Officer check as appropriate.]

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

(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.

(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.

(End of provision)

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 services--

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

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT 2020)

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

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

(c) Representations.

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

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

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

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

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

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

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

(b) The Offeror represents that--

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

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

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, 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, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--

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

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

(3) 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) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of Federal specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from…