B.08.02 Combined synopsis solicitation.pdf
PDF 4 MB Posted
- Attached to
- Pine Bluff Project Office - Pool 6 Combined Services Federal contract opportunity
- Solicitation number
- W9127S21Q0023
About this file
This is a combined synopsis/solicitation for commercial items to provide campground and park facility cleaning services at multiple locations in Arkansas. Services include daily cleaning of campsites, restrooms, showers, picnic sites, roads, parking lots, playgrounds, and parks. The contractor must furnish all necessary management, supervision, personnel, equipment, and vehicles to perform the services. The performance period is from contract award through March 31, 2026, with option periods extending to March 31, 2026. Quotes are due by April 05, 2021. The solicitation is set aside for small business and issued by the US Army Corps of Engineers, Little Rock District.
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This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 as supplemented with additional information in this notice. This announcement constitutes the only solicitation, quotes are being requested and a written solicitation will not be issued.
***Please read these instructions carefully.***
Solicitation number W9127S21Q0023 is issued as a request for quotation (RFQ).
The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-03.
Set Aside, NAICS Code & Size Standard: This solicitation is set-aside for Small Business.
The NAICS Code 561210 and the applicable size standard of$41.5 M
Description of requirements for the items to be acquired: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform gate attendant services, mowing services and solid waste removal services as defined in this Performance Work Statement except for those items specified as government furnished property and services.
Date(s) and place(s) of delivery and acceptance and FOB point:
• Base Year: Date of contract award - 03/31/2022
• Option Year 1: 04/01/2022-03/31/2023
• Option Year 2: 04/01/2023 - 03/31/2024
• Option Year 3: 04/01/2024 - 03/31/2025
• Option Year 4: 04/01/2025 - 03/31/2026
• FOB destination: Pine Bluff Project Office
The provision at 52.212-1 (Deviation), Instructions to Offerors -- Commercial, applies to this acquisition and a statement regarding any addenda to the provision. Offerors are also required to submit a completed copy of the Request for Quotation cover page and a completed copy of the quote schedule.
The provision at 52.212-2, Evaluation -- Commercial Items, is not applicable to this solicitation.
Award will be made solely on price
Offerors are required to include a completed copy of the provision at 52.212-3 Alt I, Offeror Representations and Certifications -- Commercial Items, with its quote.
The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition.
The clause at 52.212-5 (Deviation), Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition. Please see the Clauses Incorporated By Reference section for additional FAR Clauses applicable to this acquisition.
Quotes are due on April 05, 2021 1:00 PM CST. Email submission of quotations are preferred in .pdf form, however Fax or Mail submissions are allowed.
Required Documents to Submit:
1. Request for Quotation cover page ( signed)
2. Completed (filled in) Provisions, as applicable
3. Quote Schedule with unit prices and total prices.
4. Signed Amendments, if applicable
When submitting your quote, be please make sure the solicitation number, W9127S21Q0023, is written in the subject line or on the outside of the envelope.
Email: Shelby .m.henson@usace.army.mil
Fax: (501)340-5196
If sending by mail, please submit your quotes to the following address:
US Army Corps of Engineers, Little Rock District Contracting Division, Attention: Shelby Henson 700 West Capitol A venue, Room 7315 Little Rock, AR 72201
If you have any questions regarding this solicitation, please contact:
Shelby Henson 501-340-1249 Shelby .m.henson@usace.army.mil
Offeror Name:
Offeror Address:
REQUEST FOR QUOTATION COVER PAGE
US Anny Corps of Engineers, Little Rock District
Contracting Division
700 West Capitol A venue Room 7315
Little Rock, AR 72203
W9127S21Q0023, Pool 6- Combined Services, Pine Bluff Project
Office
Submitted by
Street ____________________________ _
City/State __________________________ _
Offeror Email Address:
Cage Code:
DUNS Number:
TIN:
Telephone Number:
Signature:
Date:
BID SCHEDULE
BASIC PERIOD
ITEM ESTIMATED UNIT UNIT ESTIMATED
QUANTITY PRICE AMOUNT
0001 209 DAY X =
0002 69 DAY X =
0003 110 EA X =
0004 110 EA X =
0005 53 EA X =
53 EA X =
0007 24 EA X =
0008 24 EA X =
Furnish all labor, equipment, repair parts, fuel, transportation, tools, supplies, supervision and management required to perform Gate Attendant Services, Cleanup & Solid Waste Removal Services and Mowing & Trimming Services for parks/areas under the jurisdiction of the Pine Bluff Site Office, Pine Bluff, Arkansas, in accordance with Section C - Description/ Specifications/Work Statement, for the period 01 April 2021 through 31 March 2022.
DESCRIPTION
PARK ATTENDANT SERVICES
Willow Beach Park (Summer) (01 Mar. 2021 - 31 Oct. 2021) Service Performed 6 days per week.
Willow Beach Park (Winter) (01 Nov. 2021 - 28 Feb. 2022) Service Performed 4 days per week.
CLEANUP & SOLID WASTE DISPOSAL SERVICES
Willow Beach Park, David D. Terry Dam Site East River Access (Summer) (01 Mar. 2021 - 31 Oct. 2021)
David D. Terry Dam Site 6 West Park (Summer) (01 Mar. 2021 - 31 Oct. 2021)
Willow Beach Park, David D. Terry Dam Site East River Access(Winter) (01 Nov. 2021 - 28 Feb. 2022)
David D. Terry Dam Site 6 West Park (Winter) (01 Nov. 2021 - 28 Feb. 2022)
MOWING & TRIMMING SERVICES
Willow Beach Park, David D. Terry Dam Site East River Access (Approx. 66 Acres Mowing & 9500 Linear Feet Shoreline)
David D. Terry Dam Site 6 West Park (Approx. 15 Acres Mowing & 800 Linear Feet Shoreline)
ESTIMATED TOTAL BID PRICE - BASIC PERIOD
(LINE ITEMS 0001 - 0008)
FIRST OPTION PERIOD
ITEM ESTIMATED UNIT UNIT ESTIMATED
QUANTITY PRICE AMOUNT
1001 210 DAY X =
1002 68 DAY X =
1003 111 EA X =
1004 111 EA X =
1005 52 EA X =
1006 52 EA X =
1007 24 EA X =
1008 24 EA X =
Furnish all labor, equipment, repair parts, fuel, transportation, tools, supplies, supervision and management required to perform Gate Attendant Services, Cleanup & Solid Waste Removal Services and Mowing & Trimming Services for parks/areas under the jurisdiction of the Pine Bluff Site Office, Pine Bluff, Arkansas, in accordance with Section C - Description/ Specifications/Work Statement, for the period 01 April 2022 through 31 March 2023.
DESCRIPTION
PARK ATTENDANT SERVICES
Willow Beach Park (Summer) (01 Mar. 2022 - 31 Oct. 2022) Service Performed 6 days per week.
Willow Beach Park (Winter) (01 Nov. 2022 - 28 Feb. 2023) Service Performed 4 days per week.
CLEANUP & SOLID WASTE DISPOSAL SERVICES
Willow Beach Park, David D. Terry Dam Site East River Access (Summer) (01 Mar. 2022 - 31 Oct. 2022)
David D. Terry Dam Site 6 West Park (Summer) (01 Mar. 2022 - 31 Oct. 2022)
Willow Beach Park, David D. Terry Dam Site East River Access (Winter) (01 Nov. 2022 - 28 Feb. 2023)
David D. Terry Dam Site 6 West Park (Winter) (01 Nov. 2022 - 28 Feb. 2023)
MOWING & TRIMMING SERVICES
Willow Beach Park, David D. Terry Dam Site East River Access (Approx. 66 Acres Mowing & 9500 Linear Feet Shoreline)
David D. Terry Dam Site 6 West Park (Approx. 15 Acres Mowing & 800 Linear Feet Shoreline)
ESTIMATED TOTAL BID PRICE - FIRST OPTION PERIOD
(LINE ITEMS 1001 - 1008)
ESTIMATED TOTAL BID PRICE - BASE PLUS FIRST
OPTION PERIOD
(LINE ITEMS 0001 - 0008 & 1001 - 1008)
SECOND OPTION PERIOD
ITEM ESTIMATED UNIT UNIT ESTIMATED
QUANTITY PRICE AMOUNT
2001 210 DAY X =
2002 68 DAY X =
2003 111 EA X =
2004 111 EA X =
2005 52 EA X =
2006 52 EA X =
2007 24 EA X =
2008 24 EA X =
Furnish all labor, equipment, repair parts, fuel, transportation, tools, supplies, supervision and management required to perform Gate Attendant Services, Cleanup & Solid Waste Removal Services and Mowing & Trimming Services for parks/areas under the jurisdiction of the Pine Bluff Site Office, Pine Bluff, Arkansas, in accordance with Section C - Description/ Specifications/Work Statement, for the period 01 April 2023 through 31 March 2024.
DESCRIPTION
PARK ATTENDANT SERVICES
Willow Beach Park (Summer) (01 Mar. 2023 - 31 Oct. 2023) Service Performed 6 days per week.
Willow Beach Park (Winter) (01 Nov. 2023 - 28 Feb. 2024) Service Performed 4 days per week.
CLEANUP & SOLID WASTE DISPOSAL SERVICES
Willow Beach Park, David D. Terry Dam Site East River Access (Summer) (01 Mar. 2023 - 31 Oct. 2023)
David D. Terry Dam Site 6 West Park (Summer) (01 Mar. 2023 - 31 Oct. 2023)
Willow Beach Park, David D. Terry Dam Site East River Access (Winter) (01 Nov. 2023 - 28 Feb. 2024)
David D. Terry Dam Site 6 West Park (Winter) (01 Nov. 2023 - 28 Feb. 2024)
MOWING & TRIMMING SERVICES
Willow Beach Park, David D. Terry Dam Site East River Access (Approx. 66 Acres Mowing & 9500 Linear Feet Shoreline)
David D. Terry Dam Site 6 West Park (Approx. 15 Acres Mowing & 800 Linear Feet Shoreline)
ESTIMATED TOTAL BID PRICE - SECOND OPTION PERIOD
(LINE ITEMS 2001 - 2008)
ESTIMATED TOTAL BID PRICE - BASE PLUS FIRST & SECOND
OPTION PERIODS
(LINE ITEMS 0001 - 0008, 1001 - 1008, & 2001 - 2008)
THIRD OPTION PERIOD
ITEM ESTIMATED UNIT UNIT ESTIMATED
QUANTITY PRICE AMOUNT
3001 209 DAY X =
3002 67 DAY X =
3003 111 EA X =
3004 111 EA X =
3005 51 EA X =
3006 51 EA X =
3007 24 EA X =
3008 24 EA X =
Furnish all labor, equipment, repair parts, fuel, transportation, tools, supplies, supervision and management required to perform Gate Attendant Services, Cleanup & Solid Waste Removal Services and Mowing & Trimming Services for parks/areas under the jurisdiction of the Pine Bluff Site Office, Pine Bluff, Arkansas, in accordance with Section C - Description/ Specifications/Work Statement, for the period 01 April 2024 through 31 March 2025.
DESCRIPTION
PARK ATTENDANT SERVICES
Willow Beach Park (Summer) (01 Mar. 2024 - 31 Oct. 2024) Service Performed 6 days per week.
Willow Beach Park (Winter) (01 Nov. 2024 - 28 Feb. 2025) Service Performed 4 days per week.
CLEANUP & SOLID WASTE DISPOSAL SERVICES
Willow Beach Park, David D. Terry Dam Site East River Access (Summer) (01 Mar. 2024 - 31 Oct. 2024)
David D. Terry Dam Site 6 West Park (Summer) (01 Mar. 2024 - 31 Oct. 2024)
Willow Beach Park, David D. Terry Dam Site East River Access (Winter) (01 Nov. 2024 - 28 Feb. 2025)
David D. Terry Dam Site 6 West Park (Winter) (01 Nov. 2024 - 28 Feb. 2025)
MOWING & TRIMMING SERVICES
Willow Beach Park, David D. Terry Dam Site East River Access (Approx. 66 Acres Mowing & 9500 Linear Feet Shoreline)
David D. Terry Dam Site 6 West Park (Approx. 15 Acres Mowing & 800 Linear Feet Shoreline)
ESTIMATED TOTAL BID PRICE - THIRD OPTION PERIOD
(LINE ITEMS 2001 - 2008)
ESTIMATED TOTAL BID PRICE - BASE PLUS FIRST , SECOND &
THIRD OPTION PERIODS
(LINE ITEMS 0001 - 0008, 1001 - 1008, 2001 - 2008 & 3001-3008)
FOURTH OPTION PERIOD
ITEM ESTIMATED UNIT UNIT ESTIMATED
QUANTITY PRICE AMOUNT
4001 210 DAY X =
4002 69 DAY X =
4003 110 EA X =
4004 110 EA X =
4005 52 EA X =
4006 52 EA X =
4007 24 EA X =
4008 24 EA X =
Furnish all labor, equipment, repair parts, fuel, transportation, tools, supplies, supervision and management required to perform Gate Attendant Services, Cleanup & Solid Waste Removal Services and Mowing & Trimming Services for parks/areas under the jurisdiction of the Pine Bluff Site Office, Pine Bluff, Arkansas, in accordance with Section C - Description/ Specifications/Work Statement, for the period 01 April 2025 through 31 March 2026.
DESCRIPTION
PARK ATTENDANT SERVICES
Willow Beach Park (Summer) (01 Mar. 2025 - 31 Oct. 2025) Service Performed 6 days per week.
Willow Beach Park (Winter) (01 Nov. 2025 - 28 Feb. 2026) Service Performed 4 days per week.
CLEANUP & SOLID WASTE DISPOSAL SERVICES
Willow Beach Park, David D. Terry Dam Site East River Access (Summer) (01 Mar. 2025 - 31 Oct. 2025)
David D. Terry Dam Site 6 West Park (Summer) (01 Mar. 2025 - 31 Oct. 2025)
Willow Beach Park, David D. Terry Dam Site East River Access (Winter) (01 Nov. 2025 - 28 Feb. 2026)
David D. Terry Dam Site 6 West Park (Winter) (01 Nov. 2025 - 28 Feb. 2026)
MOWING & TRIMMING SERVICES
Willow Beach Park, David D. Terry Dam Site East River Access (Approx. 66 Acres Mowing & 9500 Linear Feet Shoreline)
David D. Terry Dam Site 6 West Park (Approx. 15 Acres Mowing & 800 Linear Feet Shoreline)
ESTIMATED TOTAL BID PRICE - FOURTH OPTION PERIOD
(LINE ITEMS 2001 - 2008)
ESTIMATED TOTAL BID PRICE - BASE PLUS FIRST, SECOND,
THIRD & FOURTH OPTION PERIODS
(LINE ITEMS 0001 - 0008, 1001 - 1008, 2001 - 2008 & 3001-3008 & 4001-4008)
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities APR 1984 52.203-19 Prohibition on Requiring Certain Internal Confidentiality
Agreements or Statements
JAN 2017
52.204-7 System for Award Management OCT 2018 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
JUN 2020
52.204-13 System for Award Management Maintenance OCT 2018 52.204-14 Service Contract Reporting Requirements OCT 2016 52.204-15 Service Contract Reporting Requirements for Indefinite-
Delivery Contracts
OCT 2016
52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-22 Alternative Line Item Proposal JAN 2017 52.204-23 Prohibition on Contracting for Hardware, Software, and
Services Developed or Provided by Kaspersky Lab and Other Covered Entities.
JUL 2018
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
AUG 2020
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters
OCT 2018
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.217-4 Evaluation Of Options Exercised At The Time Of Contract
Award
JUN 1988
52.217-5 Evaluation Of Options JUL 1990 52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-14 Limitations On Subcontracting MAR 2020
52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-40 Notification of Employee Rights Under the National Labor
Relations Act
DEC 2010
52.222-41 Service Contract Labor Standards AUG 2018 52.222-50 Combating Trafficking in Persons OCT 2020 52.222-55 Minimum Wages Under Executive Order 13658 NOV 2020 52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
JUN 2020
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
OCT 2018
52.232-40 Providing Accelerated Payments to Small Business Subcontractors
DEC 2013
52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And
Vegetation
APR 1984
52.247-34 F.O.B. Destination NOV 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7005 Representation Relating to Compensation of Former DoD Officials
NOV 2011
252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
DEC 2019
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation
DEC 2019
252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation
DEC 2019
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
JAN 2021
252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.226-7001 Utilization of Indian Organizations and Indian-Owned
Economic Enterprises, and Native Hawaiian Small Business Concerns
APR 2019
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor
Personnel
JUN 2013
252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021
CLAUSES INCORPORATED BY FULL TEXT
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision-
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."
(d) Representations. The Offeror represents that--
(1) It [] will, [] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--
It [] does, [] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(End of provision)
52.204-26 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.
(End of provision)
52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH
CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (JUN 2020)
(a) Definition. Commercially available off-the-shelf (COTS) item, as used in this clause--
(1) Means any item of supply (including construction material) that is--
(i) A commercial item (as defined in paragraph (1) of the definition in Federal Acquisition Regulation (FAR) 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.
(b) The Government suspends or debars Contractors to protect the Government's interests. Other than a subcontract for a commercially available off-the-shelf item, the Contractor shall not enter into any subcontract, in excess of the threshold specified in FAR 9.405-2(b) on the date of subcontract award, with a Contractor that is debarred, suspended, or proposed for debarment by any executive agency unless there is a compelling reason to do so.
(c) The Contractor shall require each proposed subcontractor whose subcontract will exceed the threshold specified in FAR 9.405-2(b) on the date of subcontract award, other than a subcontractor providing a commercially available off-the-shelf item, to disclose to the Contractor, in writing, whether as of the time of award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, or proposed for debarment by the Federal Government.
(d) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party (other than a subcontractor providing a commercially available off-the-shelf item) that is debarred, suspended, or proposed for debarment (see FAR 9.404 for information on the System for Award Management (SAM) Exclusions). The notice must include the following:
(1) The name of the subcontractor.
(2) The Contractor's knowledge of the reasons for the subcontractor being listed with an exclusion in SAM.
(3) The compelling reason(s) for doing business with the subcontractor notwithstanding its being listed with an exclusion in SAM.
(4) The systems and procedures the Contractor has established to ensure that it is fully protecting the Government's interests when dealing with such subcontractor in view of the specific basis for the party's debarment, suspension, or proposed debarment.
(e) Subcontracts. Unless this is a contract for the acquisition of commercial items, the Contractor shall include the requirements of this clause, including this paragraph (e) (appropriately modified for the identification of the parties), in each subcontract that--
(1) Exceeds the threshold specified in FAR 9.405-2(b) on the date of subcontract award; and
(2) Is not a subcontract for commercially available off-the-shelf items.
(End of clause)
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)
(a) Definitions. As used in this provision--
Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a
Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
Federal contracts and grants with total value greater than $10,000,000 means--
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in--
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).
(End of provision)
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2021)
ALTERNATE I (OCT 2014)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.
(a) Definitions. As used in this provision--
"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
"Forced or indentured child labor" means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
"Inverted domestic corporation," means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement 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 be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does 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)).
"Service-disabled veteran-owned small business concern"—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-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.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
"Small business concern"—
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
"Small disadvantaged business concern, consistent with 13 CFR 124.1002," means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 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 $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
"Subsidiary" means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
"Veteran-owned small business concern" means a small business concern—
(1) Not less than 51 percent of which is owned by one or more veterans(as defined 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.
"Women-owned business concern" 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 the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
"Women-owned small business concern" 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 least 51 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.
"Women-owned small business (WOSB) concern eligible under the WOSB Program (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.
(b)
(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, 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) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.
[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
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.
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 electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—
(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each
WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—
(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB
Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:
(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--
(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the
List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and
(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)
[The offeror shall check the category in which its ownership falls]:
___ Black American.
___ Hispanic American.
___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).
___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).
___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).
___ Individual/concern, other than one of the preceding.
(d) Representations required to implement provisions of Executive Order 11246 --
(1) Previous contracts and compliance. The offeror 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, [ ___ ] has not, filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that --
(i) It [ ___ ] has developed and has on file, [ ___ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or
(ii) It [ ___ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or 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 under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants.
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