Dallas Fort Worth Indoor Range Services

In accordance with Federal Acquisition Regulation (FAR) 4.1102 quoters are required to be registered in the System for Award Management (SAM) at the time an offer or quotation is submitted.

(i) 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; quotes are being requested and a written solicitation will not be issued.

(ii) The solicitation number is 70T05023Q6100N001. The solicitation is issued as a request for quotation (RFQ).

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-08

(iv) This acquisition is issued on an unrestricted basis.  The associated NAICS code is 713990 with a small business size standard of $7.5M.

(v) List of line item numbers and items, quantities, and units of measure:
00001  Base Period Firing Range Services  (February 1, 2023- January 31, 2024) 360 Hours

10001 Option Year 1 Firing Range Services (February 1, 2024- January 31, 2025) 360 Hours

20001 Option Year 2 Firing Range Services (February 1, 2025- January 31, 2026) 360 Hours

30001 Option Year 3 Firing Range Services (February 1, 2026- January 31, 2027) 360 Hours

40001 Option Year 4 Firing Range Services February 1, 2027- January 31, 2028) 360 Hours

(vi) Description of requirements for the items to be acquired: Use/rental of an existing/established firing range. See attached Statement of Work for specific requirements for an acceptable firing range.

(vii) Delivery, acceptance, and FOB point are at the contractor's facility.

(viii) The provision at 52.212-1, Instructions to Offerors -- Commercial applies to this acquisition. There are no addenda to the provision.

(ix) The provision at 52.212-2, Evaluation -- Commercial Items does not apply to the solicitation.

The evaluation procedures to be used are as follows:
 

Award will be made using the lowest price technically acceptable (LPTA) selection process. Award may be made on initial quotations. Therefore, each initial quote should contain the quoter's best terms from a technical and price standpoint. However, the Government reserves the right to contact quoters if it is later determined by the contracting officer to be necessary or in the government's best interests. The LPTA process will proceed as follows:

1) Quotes may be removed from consideration for, but not limited to, the following reasons:

• Quotes that are not received timely
• Quotes that fail to follow the instructions in FAR Provision 52.212-1
• Quotes that fail to submit ALL required documentation/provisions
• Quotes that have language inconsistent with the terms and conditions set forth in the solicitation

2) Quotes will be ordered by price from lowest to highest.

3) The Government will then review Factor 1 of the lowest priced quote. If the review finds that Factor 1 of the lowest priced quote is acceptable, the Government will then evaluate Factor 2 of the lowest priced quote. If the review finds that Factor 2 of the lowest priced quote is acceptable, the Government will then evaluate Factor 3 of the lowest priced quote. If the review finds that Factor 3 of the lowest priced quote is acceptable, that quote represents the best value to the Government and the technical evaluation process stops at this point. Contingent upon a subsequent determination of price reasonableness and of contractor responsibility by the Contracting Officer, an award will be made to that quoter without further consideration of any other quoters.

If the lowest quote is determined not to be acceptable for any reason, then the next lowest priced quote will receive an evaluation as described above. The process will continue in order by price until a quote from a responsible contractor is determined to be acceptable and priced fairly and reasonably.

4) USING THIS PROCEDURE, THE GOVERNMENT MAY NOT EVALUATE ALL QUOTES.

(e) Each Factor will be evaluated as follows:

Factor 1. Technical Acceptability

Technical Acceptability will be rated on an "acceptable" or "unacceptable" basis as follows:

Acceptable - The quoted range meets all technical criterion stated in the Statement of Work.

Unacceptable - The quoted range does not meet all technical criterion stated in the Statement of Work.

Factor 2. Past Performance

Past performance will be rated on an "acceptable" or "unacceptable" basis as follows:

Acceptable - Based on the quoter's performance record, the Government has a reasonable expectation that the quoter will successfully perform the required effort, or the quoter's performance record is unknown. (See note below.)

Unacceptable - Based on the quoter's performance record, the Government has no reasonable expectation that the quoter will be able to successfully perform the required effort

Note: In the case of a quoter 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 quoter may not be evaluated favorably or unfavorably on past performance. Therefore, the quoter shall be determined to have unknown past performance. In the context of acceptability/unacceptability, "unknown" shall be considered "acceptable."

Note: Quoters are not required or requested to submit past performance references. The Government will use public and Government-restricted sources (e.g. PPIRS) to evaluate past performance.

Factor 3. Price

Price will not be rated. Price analysis will be conducted to determine reasonableness.

(x) Quoters are required to include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items with its quote. Quoters shall complete only paragraph (b) of this provision if they have completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov. If the Quoter has not completed the annual representations and certifications electronically, it shall complete only paragraphs (c) through (q) of this provision.

(xi) The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items applies to this acquisition. There are no addenda and a statement regarding any addenda to the clause.

(xii) The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes Or Executive Orders -- Commercial Items applies to this acquisition.  There are addenda to the clause.  The following FAR clauses cited in the clause are applicable to the acquisition:

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (OCT 2022)

      (a)  The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

           (1)  52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

           (2)  52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or     Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-   91). SEE ADDENDUM**

           (3)  52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232). SEE ADDENDUM**

           (4)  52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

           (5)  52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

           (6)  52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

      (b)  The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

            _x_ (1)  52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with       Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

            __ (2)  52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).

            __ (3)  52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

            _x_ (4)  52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

            __ (5)  [Reserved].

            _X_ (6)  52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section      743 of Div. C).

            __ (7)  52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct   2016) (Pub. L. 111-117, section 743 of Div. C).

            _x_ (8)  52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).

            __ (9)  52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct      2018) (41 U.S.C. 2313).

            __ (10)  [Reserved].

          __ (11)(i)  52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C.    657a).

                  __ (ii)  Alternate I (Mar 2020) of 52.219-3.

          __ (12)  (i)  52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

                  __ (ii)  Alternate I (Mar 2020) of 52.219-4.

            __ (13)  [Reserved]

          _X_ (14) (i)  52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

                  __ (ii)  Alternate I (Mar 2020) of 52.219-6.

          __ (15) (i)  52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

                  __ (ii)  Alternate I (Mar 2020) of 52.219-7.

            _x_ (16)  52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

          __ (17) (i)  52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)).

                  __ (ii)  Alternate I (Nov 2016) of 52.219-9.

                  __ (iii)  Alternate II (Nov 2016) of 52.219-9.

                  __ (iv)  Alternate III (Jun 2020) of 52.219-9.

                  __ (v)  Alternate IV (Jun 2020) of 52.219-9

          __ (18) (i)  52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

                  __ (ii)  Alternate I (Mar 2020) of 52.219-13.

            __ (19)  52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).

            __ (20)  52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

            __ (21)  52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar      2020) (15 U.S.C. 657f).

          _x_ (22) (i)  52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) (15 U.S.C.                            632(a)(2)).

                  __ (ii)  Alternate I (MAR 2020) of 52.219-28.

            __ (23)  52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged   Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

            __ (24)  52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small     Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (15   U.S.C. 637(m)).

            __ (25)  52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C.                                       644(r)).

            __ (26)  52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).

            _x_ (27)  52.222-3, Convict Labor (Jun 2003) (E.O.11755).

            __ (28)  52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020)                                                  (E.O.13126). SEE ADDENDUM**

            _x_ (29)  52.222-21, Prohibition of Segregated Facilities (Apr 2015).

          _x_ (30) (i)  52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

                  __ (ii)  Alternate I (Feb 1999) of 52.222-26.

          _x_ (31) (i)  52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

                  __ (ii)  Alternate I (Jul 2014) of 52.222-35.

          _x_ (32) (i)  52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

                  __ (ii)  Alternate I (Jul 2014) of 52.222-36.

            _x_ (33)  52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

            _x_ (34)  52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec              2010) (E.O. 13496).

          _x_ (35) (i)  52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O.              13627).

                  __ (ii)  Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

            _x_ (36)  52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not      applicable to the acquisition of commercially available off-the-shelf items or certain other types          of commercial items as prescribed in 22.1803.)

          __ (37) (i)  52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated         Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially         available off-the-shelf items.)

                  __ (ii)  Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the         acquisition of commercially available off-the-shelf items.)

            __ (38)  52.223-11, Ozone-Depleting Substances and High Global Warming Potential                Hydrofluorocarbons (Jun 2016) (E.O. 13693).

            __ (39)  52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air          Conditioners (Jun 2016) (E.O. 13693).

          __ (40) (i)  52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s    13423 and 13514).

                  __ (ii)  Alternate I (Oct 2015) of 52.223-13.

          __ (41) (i)  52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014)  (E.O.s 13423 and          13514).

                  __ (ii)  Alternate I (Jun2014) of 52.223-14.

            __ (42)  52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

          __ (43) (i)  52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015)          (E.O.s 13423 and 13514).

                  __ (ii)  Alternate I (Jun 2014) of 52.223-16.

            _x_ (44)  52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun        2020) (E.O. 13513).

            __ (45)  52.223-20, Aerosols (Jun 2016) (E.O. 13693).

            __ (46)  52.223-21, Foams (Jun2016) (E.O. 13693).

          __ (47) (i)  52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

                  __ (ii)  Alternate I (Jan 2017) of 52.224-3.

            __ (48)  52.225-1, Buy American-Supplies (Jan2021) (41 U.S.C. chapter 83).

          __ (49) (i)  52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 2021)(41             U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001       note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

                  __ (ii)  Alternate I (Jan 2021) of 52.225-3.

                  __ (iii)  Alternate II (Jan 2021) of 52.225-3.

                  __ (iv)  Alternate III (Jan 2021) of 52.225-3.

            __ (50)  52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

            _x_ (51)  52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations,

            __ (52)  52.225-26, Contractors Performing Private Security Functions Outside the United States     (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year            2008; 10 U.S.C. 2302Note).

            __ (53)  52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

            __ (54)  52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007)           (42 U.S.C. 5150).

            __ (55)  52.229-12, Tax on Certain Foreign Procurements (Jun 2020).

            __ (56)  52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.            4505, 10 U.S.C. 2307(f)).

            __ (57)  52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10              U.S.C. 2307(f)).

            _x_ (58)  52.232-33, Payment by Electronic Funds Transfer-System for Award Management     (Oct2018) (31 U.S.C. 3332).

            __ (59)  52.232-34, Payment by Electronic Funds Transfer-Other than System for Award                Management (Jul 2013) (31 U.S.C. 3332).

            __ (60)  52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

            __ (61)  52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

            __ (62)  52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

          __ (63) (i)  52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46            U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

                  __ (ii)  Alternate I (Apr 2003) of 52.247-64.

                  __ (iii)  Alternate II (Feb 2006) of 52.247-64.

      (c)  The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

               __ (1)  52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

            __ (2)  52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and               41 U.S.C. chapter 67).

            __ (3)  52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price                Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C.    chapter 67).

            __ (4)  52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price                Adjustment (May 2014) ( 29U.S.C.206  and 41 U.S.C. chapter 67).

            __ (5)  52.222-51, Exemption from Application of the Service Contract Labor Standards to           Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

            __ (6)  52.222-53, Exemption from Application of the Service Contract Labor Standards to           Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

            __ (7)  52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

            __ (8)  52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

            __ (9)  52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

      (d)  Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

           (1)  The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

           (2)  The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

           (3)  As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

      (e) 

 (1)  Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

                (i)  52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509).

                (ii)  52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

                (iii)  52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

                (iv)  52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

                (v)  52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

                (vi)  52.222-21, Prohibition of Segregated Facilities (Apr 2015).

                (vii)  52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

                (viii)  52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

                (ix)  52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

                (x)  52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

                (xi)  52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-   40.

                (xii)  52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

                (xiii) 

 (A)  52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O 13627).

                     (B)  Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

                (xiv)  52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

                (xv)  52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

                (xvi)  52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

                (xvii)  52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

                (xviii)  52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

                (xix) 

 (A)  52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

                     (B)  Alternate I (Jan 2017) of 52.224-3.

                (xx)  52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

                (xxi)  52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

                (xxii)  52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

           (2)  While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

(xiii) The following additional contract requirements or terms and conditions determined by the contracting officer to be necessary for this acquisition and consistent with customary commercial practices are included as follows:
 

Clauses Incorporated by Reference

52.204-13 System for Award Management Maintenance (Oct 2018)

52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV 2021)

52.232-40 Providing Accelerated Payments To Small Business Subcontractors (NOV 2021)

Clauses Incorporated by Full Text

FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor prior to contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years.
                                                            (End of Clause)

52.252-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Acquisition.gov/far

(End of clause)

TSA-RQMTS: CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS) (SEP 2020)

In accordance with FAR 42.15, the Transportation Security Administration (TSA) is required to report the contractor’s performance under contract. The TSA reporting thresholds, in accordance with the Department of Homeland Security’s (DHS) FAR class deviation, is $1,000,000 for contracts and orders for services, and $500,000 for contracts and orders for supplies. In order to support thorough and timely Contractor Performance Assessment Reporting System (CPARS) reports, the contractor shall provide a self-assessment of their performance within 10 days after the end of the base period and within 10 days after the end of any exercised option period(s) of the contract. The contractor shall provide a detailed narrative for each of the relevant evaluation areas (Quality, Schedule, Cost Control, Management, Utilization of Small Business, and Regulatory Compliance). The contractor may also provide their own self-assessment rating (Exceptional, Very Good, Satisfactory, Marginal or Unsatisfactory) per FAR Table 42-1 for each area for Government consideration.

The following are elements to be addressed in each area in order to support the narrative and any self-rating:

· Quality: Requirements; conformance to specifications; workmanship; accurate reports/data.

· Schedule: Milestones; delivery schedules; administrative requirements; schedule variance.

· Cost Control: Causes and contractor-proposed solutions for cost overruns/underruns; contractor adherence to total estimated cost; billings current, accurate, and complete. (Not required to be addressed for Fixed Price type contracts unless specifically required elsewhere in the contract)

 · Management: Contractor oriented toward customer; interaction between contractor and Government; adequacy of the contractor’s accounting, billing, estimating systems and management of Government Furnished Property (GFP); effort devoted to managing subcontractors; risk management practices; supporting key personnel; replace key personnel as necessary.

· Utilization of Small Business: Small business participation goals stated in contractor/order; achievement on each individual goal stated within contract/order or subcontracting plan including good faith efforts if goal was not achieved.

· Regulatory Compliance: Contractor complied with contract clause requirements; complied with reporting requirements; complied with Quality Assurance Surveillance Plan (QASP); complied with specifications, reporting into databases as required under the contract, and reporting requirements in response to the solicitation provisions and clauses effective under the contract, or other requirements.

· The contractor should utilize the Guidance for the Contractor Performance Assessment Reporting System (CPARS) located on the CPARS website, https://www.cpars.gov/ , to assist in preparation of the self-evaluation. The contractor shall submit their self-evaluation, preferably via email, as a MS Word or other Office compatible document to the Contracting Officer and Contracting Officer’s Representative (COR) identified in the contract within the time period identified above. Standard USPS mail may also be utilized, if required. The TSA may consider the contractor’s self-assessment, along with all available relevant data and information, when completing the contractor’s past performance evaluation for each specific performance period. Submission of a contractor’s self-evaluation is considered information regarding the contractor’s performance and may not represent the final CPARS rating. Submission of this contractor self-assessment to the Government does not otherwise alter, change, or diminish any rights of the Government as expressed under Federal Acquisition Regulation Part 42 concerning the use of past performance information about any contractual vehicle.

TSA-INSTR:  CONTRACTING OFFICER’S REPRESENTATIVE (COR) AND TECHNICAL MONITORS  (AUG 2022)

The principle role of the COR is to support the Contracting Officer in managing the contract. This is done through furnishing technical direction within the confines of the contract, monitoring performance, ensuring requirements are met within the terms of the contract, and maintaining a strong relationship with the Contracting Officer. As a team the Contracting Officer and COR must ensure that program requirements are clearly communicated and that the agreement is performed to meet them. The principle role of the Technical Monitor TM) is to support the COR on all work orders, tasks, deliverables and actions that require immediate attention relating to the approved scope and obligated funding of the contract action.

The COR(s) and TM(s) may be changed at any time by the Government without prior notice to the Contractor, but notification of the change, including the name and phone number of the successor COR, will be promptly provided to the Contractor by the Contracting Officer in writing.

The Contracting Officer hereby designates the individual(s) named below as the Contracting Officer's Representative(s) and Technical Monitor(s). Such designations(s) shall specify the scope and limitations of the authority so delegated.

TSA CORs: NAME:

PHONE NUMBER:

EMAIL:

The responsibilities and limitations of the COR are as follows:

· The COR is responsible for the technical aspects of the project and technical liaison with the Contractor. The COR is also responsible for the final inspection and acceptance of all reports and such other responsibilities as may be specified in the contract.

· The COR may designate assistant COR(s) to act for him/her by naming such assistant in writing and transmitting a copy of such designation through the Contracting Officer to the Contractor.

 · The COR will maintain communications with the Contractor and the Contracting Officer. The COR must report any observed fraud, waste, or opportunities to improve performance of cost efficiency to the Contracting Officer.

 · The COR will immediately alert the Contracting Officer to any possible Contractor deficiencies or questionable practices so that corrections can be made before the problems become significant.

· The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract’s price, terms or conditions. Any Contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the expressed prior authorization of the Contracting Officer.

· The COR is not authorized to direct the Contractor on how to perform the work.

· The COR is not authorized to issue stop-work orders. The COR may recommend the authorization by the Contracting Officer to issue a stop work order, but the Contracting Officer is the only official authorized to issue such order.

· The COR is not authorized to discuss new proposed efforts or encourage the Contractor to perform additional efforts on an existing contract or order.

The responsibilities and limitations of the TM are as follows:

· Coordinating with the COR on all work orders, task, deliverables and actions that require immediate attention relating to the approved scope and obligated funding of the contract action.

· Monitoring the Contractor’s performance in relation to the technical requirements of the assigned functional area of the contract to ensure that the Contractor’s performance is strictly within the contract’s scope and obligated funding.

· Ensuring that all recommended changes in any work under the contract are coordinated and submitted in writing to the COR for consideration.

· Informing the COR if the Contractor is not meeting performance, cost, schedule milestones.

 · Performing technical reviews of the Contractor’s proposals as directed by the COR.

· Performing acceptance of the Contractor’s deliverables as directed by the COR.

· Reporting any threats to the health and safety of persons or potential for damage to Government property or critical national infrastructure which may result from the Contractor’s performance or failure to perform the contract’s requirements.

TSA-INSTR:  SUBMISSION OF INVOICES (MAY 2022)

Background:  The Transportation Security Administration (TSA) partners with the United States Coast Guard Finance Center for financial services in support of TSA operations, including the payment of contractor invoices.  Therefore, all contractor invoices must be submitted to, and will be paid by, the U.S. Coast Guard Finance Center (FinCen).

Invoice Submission Method: Invoices may be submitted via U.S. Mail, or email. Contractors shall utilize ONLY ONE method per invoice submission. The submission information for each of the methods is as follows in order of preference:

It is the responsibility of the contractor to verify that invoices are received, regardless of the method of submission used. Contractors may inquire regarding the receipt of invoices by contacting the U.S. Coast Guard Finance Center via the methods listed under Payment Status below.

1. Address to mail invoices: United States Coast Guard Finance Center TSA Commercial Invoices P.O. Box 4111 Chesapeake, VA 23327-4111 2.

Email Address: FIN-SMB-TSAInvoices@uscg.mil or www.fincen.uscg.mil

Invoice Process: Upon receipt of contractor invoices, FinCen will electronically route invoices to the appropriate TSA Contracting Officer’s Representative and/or Contracting Officer for review and approval. Upon approval, the TSA will electronically route the invoices back to FinCen. Upon receipt of certified invoices from an Authorized Certifying Official, FinCen will initiate payment of the invoices.

Discounts on invoices. If desired, the Contractor should offer discounts directly upon the invoice submitted, clearly specifying the terms of the discount. Contractors can structure discounted amounts for payment for any time period less than the usual thirty day payment period specified under Prompt Payment requirements; however, the Contractor should not structure terms for payment of net amounts invoiced any sooner than the standard period required under FAR Subpart 32.9 regarding prompt payments for the specified deliverables under contract.

Discounts offered after invoice submission. If the Contractor should wish to offer a discount on a specific invoice after its submission for payment, the Contractor should submit a letter to the Finance Center identifying the specific invoice for which a discount is offered and specify the exact terms of the discount offered and what time period the Government should make payment by in order to receive the discount. The Contractor should clearly indicate the contract number, invoice number and date, and the specific terms of the discount offered. Contractors should not structure terms for net amount payments any sooner than the standard period required under FAR Subpart 32.9 regarding prompt payments for the specified deliverables under contract.

Payment Status: Contractors may inquire on the payment status of an invoice by any of the following means:

1. Via the internet: https://www.fincen.uscg.mil  Contacting the FinCen Customer Service Section via telephone at 1-800-564-5504 or (757) 523-6940 (Voice Option #1). The hours of operation for the Customer Service line are 8:00 AM to 5:00 PM Eastern Time, Monday through Friday. However, the Customer Service line has a voice-mail feature that is available 24 hours per day, 7 days per week.

 2. Via the Payment Inquiry Form: https://www.fincen.uscg.mil/secure/payment.htm

Invoice Elements: Invoices will automatically be rejected if the information required in subparagraph (a)(2) of the Prompt Payment Clause, contained in this Section of the Contract, including EFT banking information, Taxpayer Identification Number (TIN), and SAM-issued Unique Entity Identifier (UEI) are not included in the invoice. All invoices must clearly correlate invoiced amounts to the corresponding contract line item number and funding citation. The Contractor shall work with the 32 Government to mutually refine the format, content and method of delivery for all invoice submissions during the performance of the Contract.

Supplemental Invoice Documentation: Contractors shall submit all supplemental invoice documentation (e.g. copies of subcontractor invoices, travel vouchers, etc.) necessary to approve an invoice along with the original invoice. The Contractor invoice must contain the information stated in the Prompt Payment Clause in order to be received and processed by FinCen. Supplemental invoice documentation required for review and approval of invoices may, at the written direction of the Contracting Officer, be submitted directly to either the Contracting Officer, or the Contracting Officer’s Representative. Note for “time-and-material” type contracts: The Contractor must submit the following statement with each invoice for labor hours invoiced under a “time-and-materials” type contract, order, or contract line item: “The Contractor hereby certifies in accordance with paragraph (c) of FAR 52.232-7, that each labor hour has been performed by an employee (prime or subcontractor) who meets the contract’s specified requirements for the labor category invoiced.”

Additional Invoice Preparation Instructions for Software Development and/or Hardware . The Contractor shall clearly include a separate breakdown (by CLIN) for any software development activities (labor costs, subcontractor costs, etc.) in accordance with Federal Accounting Standards Advisory Board Statement of Federal Financial Accounting Standards Number 10 (Preliminary design costs, Development costs and post implementation costs) and cite payment terms. The contractor shall provide make and model descriptions as well as serial numbers for purchases of hardware and software (where applicable.)

Frequency of Invoice Submission. Invoices shall be submitted on a monthly basis in accordance with the schedule.” Please note that it is desired that an invoice be tied to a deliverable.

Timely Submission of Invoices: In order to ensure reimbursement under this contract, invoices shall be timely submitted for payment. Contractors must submit an invoice to the payment office as indicated for all allowable and allocable internal expenditures made during the specified invoice period pursuant to the Contract. Also be advised that under 31 U.S.C. §§ 1552 and 1553, funds that were obligated to the contract, but that have expired, remain available for adjustments for five (5) fiscal years following expiration of the period for which the relevant appropriation was made. After the respective timeframe, the expired account closes and the funds are not available for any purpose.

TSA-INSTR: CONTRACTOR RESPONSIBILITY, CONDUCT AND PERFORMANCE UNDER TSA SERVICE CONTRACTS (JAN 2022)

BASIC REQUIREMENTS AFFECTING CONTRACTOR PERFORMANCE

1. The Government observes the following holidays (and government facilities are generally closed on these days, or restricted access or entrance requirements may apply due to security procedures):

New Year’s Day

Martin Luther King, Jr. Birthday

Washington’s Birthday (President’s Day)

Memorial Day

Juneteenth National Independence Day

Independence Day

Labor Day

Columbus Day

Veteran’s Day

Thanksgiving Day

Christmas Day

 a) In addition to the days designated as holidays, the Government observes also the following days:

· Any other day designated by Federal Statute, and

· Any other day designated by Executive Order, and

· Any other day designated by President’s Proclamation, such as extreme weather conditions.

· Inauguration Day (Washington, DC metropolitan area) (Likewise government facilities in the DC area are generally closed on these days, or restricted access or entrance requirements may apply due to security procedures).

 · Inclement weather closures and/or early dismissals

· Or any other officially declared reason:

b) When the Government grants excused absence to its employees in a specific location, assigned Contractor personnel at that same location may also be dismissed. The Contractor agrees to continue to provide sufficient personnel to perform critical tasks already in operation or scheduled, and shall be guided by the instructions issued by the Contracting Officer or the Contracting Officer’s Representative. Observance of such holidays by Government personnel shall not be a reason for the Contractor to request an extension of the period of performance, or entitlement of compensation except as set forth within the contract.

c) In the event the Contractor’s personnel work during the holiday or other excused absences, they may be compensated by the Contractor, however, no form of holiday or other premium compensation will be considered either as a direct or indirect cost, other than their normal compensation for the time worked. For cost reimbursement and time and materials (T&M)/ labor hour (LH) contracts, the Government will only consider as direct and/or indirect costs those efforts actually performed during  the holiday or excused absences in the event contractor personnel are not dismissed. This provision does not preclude reimbursement for authorized overtime work if applicable to this contract.

Otherwise, the management responsibility for contractor functions approved by the Contracting Officer for offsite work, in the event of inaccessibility of federal workplaces, is the sole responsibility of the contractor. The contractor may propose telework or other solutions when critical work is required, however, the Contractor is solely responsible for any cost differential in performance, all liabilities that may be due to performance at an alternate location, and all resources necessary to complete such performance.

 d) In the event of an actual emergency, the Contracting Officer may direct the contractor to change work hours or locations or institute telework, utilize personal protective equipment, or other mandated items.

e) In the event of a Government closure (furlough) caused by a lapse in appropriations, which can occur at the beginning of a fiscal year if no funds have been appropriated for that year, or upon expiration of a continuing resolution if a new continuing resolution or appropriations law is not passed, the Contractor shall continue performance under the contract unless otherwise instructed in writing by a Contracting Officer. Unless the Contractor is provided a formal notification to the contrary, usually via a Stop Work Order pursuant to FAR 52.242-15, the Contractor must continue to comply with all terms and conditions of the contract. If a contract will not be affected by a shutdown, generally no separate notification or communication of that fact will be provided. Processing of contractor invoices for payment may or may not be deemed an excepted duty during a furlough. As such, contractor performance is expected even though invoices are pending payment processing. The Prompt Payment Act still applies.

2. Department of Homeland Security (DHS) may close a DHS facility for all or a portion of a business day as a result of-

 · Granting administrative leave to non-essential DHS employees (e.g., unanticipated holiday);

· Inclement weather;

· Failure of Congress to appropriate operational funds;

· Or any other reason.

In such cases, contractor personnel not classified as essential, i.e., not performing critical roundthe-clock services or tasks, who are not already on duty at the facility shall not report to the facility. Such contractor personnel already present shall be dismissed and shall leave the facility. The contractor is responsible for notifying all of its affected personnel in such circumstances once the Contracting Officer or Contracting Officer’s Representative provides notice of such. The contractor agrees to continue to provide sufficient personnel to perform continual requirements of critical tasks already in operation or scheduled for performance during the period in which DHS employees are dismissed, and shall be guided by any specific instructions of the Contracting Officer or his/her duly authorized representative.

When contractor personnel services are not required or provided due to closure of a DHS facility as described in this instruction, the contractor’s payment under the contract shall be affected as follows—

For cost-reimbursement, time-and-materials and labor-hour type contracts, DHS shall not reimburse as direct costs, the costs of salaries or wages of contractor personnel for the period during which such personnel are dismissed from, or do not have access to, the facility.

For fixed-price contracts, the price will not be prorated and the contractor is expected to satisfy the contract requirement during the period of performance without requested extension.

The Government may also terminate a contract for convenience either in partial or full.

EMPLOYEE TERMINATION. The contractor shall notify the Contracting Officer and the Contracting Officer’s Representative within 48 hours when an employee performing work under this contract who has been granted access to government information, information systems, property, or government facilities access terminates employment, no longer is assigned to the contract, or no longer requires such access. The contractor shall be responsible for returning, or ensuring that employees return, all DHS/TSA -issued contractor/employee identification, all other TSA or DHS property, and any security access cards to Government offices issued by a landlord of commercial space.

INTERRELATIONSHIP OF ASSOCIATE CONTRACTORS. The TSA may enter into contractual agreements with other Contractors (i.e., “Associate Contractors”) in order to fulfill requirements separate from the work to be performed under this contract, yet having a relationship to performance under this contract. It is expected that contractors working under TSA contracts will have to work together under certain conditions in order to achieve a common solution for TSA. The Contractor may be required to coordinate with other such Contractor(s) through the cognizant Contracting Officer (CO) and/or designated representative in providing suitable, non-conflicting technical and/or management interface and in avoidance of duplication of effort. Information on deliverables provided under separate contracts may, at the discretion of the TSA and/or other Government agencies, be provided to such other Contractor(s) for the purpose of such work.

Where the Contractor and an associate Contractor fail to agree upon action to be taken in connection with their respective responsibilities, each Contractor shall promptly bring the matters to the attention of the cognizant CO and furnish the Contractor’s recommendations for a solution. The Contractor shall not be relieved of its obligations to make timely deliveries or be entitled to any other adjustment because of failure of the Contractor and its associate to promptly refer matters to the CO or because of failure to implement CO directions.

Where the Contractor and Associate Contractors are required to collaborate to deliver a service; the Government will designate, in writing and prior to the definition of the task, to both Contractors, a “lead Contractor” for the project. In these cases, the Associate Contractors shall also be contractually required to coordinate and collaborate with the Contractor. TSA will facilitate the mutual execution of Non-Disclosure Agreements.

Solicitation Provisions and Instructions

Incorporated by Reference

52.204-7 System for Award Management (Oct 2018)

52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)

52.217-5 Evaluation of Options (July 1990)

52.229-11 Tax on Certain Foreign Procurements—Notice and Representation (Jun 2020)

Incorporated by Full Text

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

Acquisition.gov/far

(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 or 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) Representation. 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)

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation (Nov 2015)

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

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

(c) Representation. The Offeror represents that-

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

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

(End of provision)

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.

(End of provision)

TSA-INSTR:  AVAILABILITY OF INTERNAL APPEAL PROCESS PER FAR 33.103 (MAY 2021)

In the event of receipt of the Contracting Officer’s final decision of an agency-level protest in

accordance with Federal Acquisition Regulation 33.103, the offeror is hereby advised that an appeal process is available from within the agency. The Assistant Administrator of the Contracting and Procurement in the Transportation Security Administration is the independent appeal authority. All appeals must be submitted in writing and signed by a company official who is authorized to commit the company and contain the same elements required in FAR 33.103(d) as well as an explanation of the Contracting Officer’s decision (and copy of such decision). Appeals must be sent either in writing or via email to Transportation Security Administration, ATTN: APPEAL OF AGENCY PROTEST,

Contracting and Procurement, 6595 Springfield Center Drive, Springfield, VA 20598-6025, or via

email to TSAProcurementPolicy@tsa.dhs.gov. The subject line for the email should clearly indicate “APPEAL OF AGENCY PROTEST”

 (xiv) This is not a rated Defense Priorities and Allocations System (DPAS) order.

(xv) All quotes must be submitted via email no later than January 10, 2023 at 12:00 pm (noon) Eastern Time.

(xvi) For more information contact delisa.corbett@tsa.dhs.gov or at 571-227-4025

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