Amendment 01 - SECTION K --Clauses and Provisions Revised -7-3-23.pdf

Request for Proposal 12405B23R0018

PART IV – REPRESENTATION AND INSTRUCTIONS—Revised 07/03/23

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K.1 PROVISIONS INCORPORATED BY REFERENCE (FAR 52.252-1) (FEB 1998)

This solicita�on incorporates one or more solicita�on provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contrac�ng Officer will make their full text available. The offeror is cau�oned that the listed provisions may include blocks that must be completed by the offeror and submited with its quota�on or offer. In lieu of submi�ng the full text of those provisions, the offeror may iden�fy the provision by paragraph iden�fier and provide the appropriate informa�on with its quota�on or offer. Also, the full text of a solicita�on provision may be accessed electronically at this address: htps://www.acquisi�on.gov

CLAUSE TITLE DATE

52.236-28 Prepara�on of proposals-Construc�on OCT 1997

K.2 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FAR 52.204-8) (MAR 2023)

(a)

(1) The North American Industry Classifica�on System (NAICS) code for this acquisition is___236220____ [insert NAICS code].

(2) The small business size standard is ____$45.0M_________ [insert size standard].

(3) The small business size standard for a concern that submits an offer , other than on a construction or service acquisition , but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for informa�on technology value-added resellers under NAICS code 541519 if the acquisition — (i)Is set aside for small business and has a value above the simplified acquisition threshold ;

(ii)Uses the HUBZone price evalua�on preference regardless of dollar value, unless the offeror waives the price evalua�on preference; or (iii)Is an 8(a), HUBZone , service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b)

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

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation , and the Offeror has an ac�ve registra�on in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of comple�ng the corresponding individual representa�ons and cer�fica�ons in the solicitation .

The Offeror shall indicate which option applies by checking one of the following boxes:

(i) □ Paragraph (d) applies.

(ii) □ Paragraph (d) does not apply and the offeror has completed the individual representa�ons and cer�fica�ons in the solicitation .

http://www.acquisition.gov/ https://www.acquisition.gov/node/31745/printable/print#FAR_52_204_7 https://www.acquisition.gov/node/31745/printable/print#FAR_52_204_7

(c)

(1) The following representa�ons or cer�fica�ons in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Cer�ficate of Independent Price Determina�on. This provision applies to solicita�ons when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless–

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

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

(C) The solicitation is for u�lity services for which rates are set by law or regula�on.

(ii) 52.203-11, Cer�fica�on and Disclosure Regarding Payments to Influence Certain Federal Transac�ons. This provision applies to solicita�ons expected to exceed $150,000.

(iii) 52.203-18, Prohibi�on on Contracting with En��es that Require Certain Internal Confiden�ality Agreements or Statements-Representa�on. This provision applies to all solicita�ons.

(iv) 52.204-3, Taxpayer Iden�fica�on. This provision applies to solicita�ons that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicita�ons that-

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

(B) Exceed the simplified acquisition threshold ; and

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

(vi) 52.204-26, Covered Telecommunications Equipment or Services -Representa�on. This provision applies to all solicita�ons.

(vii) 52.209-2, Prohibi�on on Contracting with Inverted Domes�c Corpora�ons- Representa�on.

(viii) 52.209-5, Cer�fica�onRegarding Responsibility Maters. This provision applies to solicita�ons where the contract value is expected to exceed the simplified acquisition threshold .

(ix) 52.209-11, Representa�on by Corpora�ons Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicita�ons.

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

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

(xii) 52.219-1, Small Business Program Representa�ons (Basic, Alternates I, and II). This provision applies to solicita�ons when the contract will be performed in the United States or its outlying areas .

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

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

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

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

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

https://www.acquisition.gov/node/31745/printable/print#FAR_52_203_2 https://www.acquisition.gov/far/part-13#FAR_Part_13 https://www.acquisition.gov/node/31745/printable/print#FAR_52_203_11 https://www.acquisition.gov/node/31745/printable/print#FAR_52_203_18 https://www.acquisition.gov/node/31745/printable/print#FAR_52_204_3 https://www.acquisition.gov/node/31745/printable/print#FAR_52_204_7 https://www.acquisition.gov/node/31745/printable/print#FAR_52_204_5 https://www.acquisition.gov/node/31745/printable/print#FAR_52_204_26 https://www.acquisition.gov/node/31745/printable/print#FAR_52_209_2 https://www.acquisition.gov/node/31745/printable/print#FAR_52_209_5 https://www.acquisition.gov/node/31745/printable/print#FAR_52_209_11 https://www.acquisition.gov/node/31745/printable/print#FAR_52_214_14 https://www.acquisition.gov/node/31745/printable/print#FAR_52_215_6 https://www.acquisition.gov/node/31745/printable/print#FAR_52_219_1 https://www.acquisition.gov/node/31745/printable/print#FAR_52_219_2 https://www.acquisition.gov/node/31745/printable/print#FAR_52_222_22 https://www.acquisition.gov/node/31745/printable/print#FAR_52_222_26

(xv) 52.222-25, Affirma�ve Ac�on Compliance. This provision applies to solicita�ons, other than those for construction , when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans’ Employment Repor�ng Requirements. This provision applies to solicita�ons when it is an�cipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Cer�fica�on. This provision applies to solicita�ons that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirma�ve Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Cer�fica�on. This provision applies to solicita�ons that are for, or specify the use of, EPA–designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduc�on Goals- Representa�on. This provision applies to solicita�ons that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Cer�ficate. This provision applies to solicita�ons containing the clause at 52.225-1.

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

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

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

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

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

(xxii) 52.225-6, Trade Agreements Cer�ficate. This provision applies to solicita�ons containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibi�on on Conduc�ng Restricted Business Operations in Sudan- Cer�fica�on. This provision applies to all solicita�ons.

(xxiv) 52.225-25, Prohibi�on on Contracting with En��es Engaging in Certain Ac�vi�es or Transac�ons Rela�ng to Iran-Representa�on and Cer�fica�ons. This provision applies to all solicita�ons.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representa�on.

This provision applies to solicita�ons for research, studies, supplies , or services of the type normally acquired from higher educa�onal ins�tu�ons.

(2) The following representa�ons or cer�fica�ons are applicable as indicated by the Contracting Officer :

[Contracting Officer check as appropriate.] __ (i) 52.204-17, Ownership or Control of Offeror .

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

__ (iii) 52.222-18, Cer�fica�on Regarding Knowledge of Child Labor for Listed End Products .

__ (iv) 52.222-48, Exemp�on from Applica�on of the Service Contract Labor Standards to

Contracts for Maintenance, Calibra�on, or Repair of Certain Equipment - Cer�fica�on.

__ (v) 52.222-52, Exemp�on from Applica�on of the Service Contract Labor Standards to Contracts for Certain Services-Cer�fica�on.

__ (vi) 52.223-9, with its Alternate I, Es�mate of Percentage of Recovered Material Content https://www.acquisition.gov/node/31745/printable/print#FAR_52_222_25 https://www.acquisition.gov/node/31745/printable/print#FAR_52_222_26 https://www.acquisition.gov/node/31745/printable/print#FAR_52_222_38 https://www.acquisition.gov/node/31745/printable/print#FAR_52_223_1 https://www.acquisition.gov/node/31745/printable/print#FAR_52_223_2 https://www.acquisition.gov/node/31745/printable/print#FAR_52_223_4 https://www.acquisition.gov/node/31745/printable/print#FAR_52_223_22 https://www.acquisition.gov/node/31745/printable/print#FAR_52_204_7 https://www.acquisition.gov/node/31745/printable/print#FAR_52_225_2 https://www.acquisition.gov/node/31745/printable/print#FAR_52_225_1 https://www.acquisition.gov/node/31745/printable/print#FAR_52_225_4 https://www.acquisition.gov/node/31745/printable/print#FAR_52_225_3 https://www.acquisition.gov/node/31745/printable/print#FAR_52_225_6 https://www.acquisition.gov/node/31745/printable/print#FAR_52_225_5 https://www.acquisition.gov/node/31745/printable/print#FAR_52_225_20 https://www.acquisition.gov/node/31745/printable/print#FAR_52_225_25 https://www.acquisition.gov/node/31745/printable/print#FAR_52_226_2 https://www.acquisition.gov/node/31745/printable/print#FAR_52_204_17 https://www.acquisition.gov/node/31745/printable/print#FAR_52_204_20 https://www.acquisition.gov/node/31745/printable/print#FAR_52_222_18 https://www.acquisition.gov/node/31745/printable/print#FAR_52_222_48 https://www.acquisition.gov/node/31745/printable/print#FAR_52_222_52 https://www.acquisition.gov/node/31745/printable/print#FAR_52_223_9 for EPA–Designated Products (Alternate I only).

__ (vii) 52.227-6, Royalty Information .

__ (A) Basic.

__ (B) Alternate I.

__ (viii) 52.227-15, Representa�on of Limited Rights Data and Restricted Computer Software .

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

FAR Clause # Title Date Change Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representa�ons and cer�fica�ons posted on SAM.

(End of provision) Alternate I (SEP 2021). As prescribed in 4.1202(a), subs�tute the following paragraph (a) for paragraph

(a) of the basic provision:

(a)(1) The North American Industry Classifica�on System (NAICS) codes and corresponding size standards for this acquisition are as follows; the categories or por�ons these NAICS codes are assigned to are specified elsewhere in the solicitation :

NAICS Code Size standard _______236220_______________________ __$45.0M______________________________

[Contracting Officer to insert NAICS codes and size standards].

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

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

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

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

52.204-9 Personal Iden�ty Verifica�on of Contractor Personnel

PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

https://www.acquisition.gov/node/31745/printable/print#FAR_52_227_6 https://www.acquisition.gov/node/31745/printable/print#FAR_52_227_15 https://www.sam.gov/ https://www.acquisition.gov/far/part-4#FAR_4_1201 https://www.acquisition.gov/far/part-4#FAR_4_1202

(a) The Contractor shall comply with agency personal iden�ty verifica�on procedures iden�fied in the contract that implement Homeland Security Presiden�al Direc�ve-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Informa�on Processing Standards Publica�on (FIPS PUB) Number 201.

(b) The Contractor shall account for all forms of Government-provided iden�fica�on issued to the Contractor employees in connec�on with performance under this contract. The Contractor shall return such iden�fica�on to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon comple�on of the Contractor employee’s employment.

(3) Upon contract comple�on or termina�on.

(c) The Contrac�ng Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have rou�ne physical access to a Federally-controlled facility and/or rou�ne access to a Federally-controlled informa�on system. It shall be the responsibility of the prime Contractor to return such iden�fica�on to the issuing agency in accordance with the terms set forth in paragraph (b) of this sec�on, unless otherwise approved in wri�ng by the Contrac�ng Officer.

(End of clause)

FAR 52.204-20 Predecessor of Offeror

As prescribed in 4.1804(d), insert the following provision:

Predecessor of Offeror (Aug 2020)

(a) Definitions . As used in this provision– Commercial and Government Entity (CAGE) code means–

(1) An iden�fier assigned to en��es located in the United States or its outlying areas by the (2)

Defense Logis�cs Agency (DLA) Commercial and Government En�ty (CAGE) Branch to iden�fy a commercial or government en�ty by unique loca�on; or

(2) An iden�fier assigned by a member of the North Atlan�c Treaty Organiza�on (NATO) or by the NATO Support and Procurement Agency (NSPA) to en��es located outside the United States and its outlying areas that the DLA Commercial and Government En�ty (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Predecessor means an en�ty that is replaced by a successor and includes any predecessors of the predecessor .

Successor means an en�ty that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (o�en through acquisition or merger). The term "successor " does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabili�es of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it □ is or □ is not a successor to a predecessor that held a Federal contract or grant within the last three years.

https://www.acquisition.gov/far/part-4#FAR_4_1804

(c) If the Offeror has indicated "is" in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor , list in reverse chronological order):

Predecessor CAGE code: (or mark "Unknown").

Predecessor legal name: .

(Do not use a "doing business as" name).

(End of provision)

FAR 52.209-5 Cer�fica�on Regarding Responsibility Maters

As prescribed in 9.104-7(a), insert the following provision:

Cer�fica�on Regarding Responsibility Maters (Aug 2020) (a)

(1) The Offeror cer�fies, to the best of its knowledge and belief, that—

(i) The Offeror and/or any of its Principals–

(A) Are □ are not □ presently debarred, suspended, proposed for debarment , or declared ineligible for the award of contracts by any Federal agency ;

(B) Have □ have not □, within a three-year period preceding this offer , been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connec�on with obtaining, atemp�ng to obtain, or performing a public (Federal, State , or local) contract or subcontract ; viola�on of Federal or State an�trust statutes rela�ng to the submission of offers; or commission of embezzlement, the�, forgery, bribery, falsifica�on or destruc�on of records, making false statements, tax evasion, viola�ng Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation );

(C) Are □ are not □ presently indicted for, or otherwise criminally or civilly charged by a governmental en�ty with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

(D) Have □, have not □, within a three-year period preceding this offer , been no�fied of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsa�sfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administra�ve or judicial

(ii) challenge. In the case of a judicial challenge to the liability, the liability is not finally determined un�l all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collec�on ac�on is precluded.

(2) Examples.

(i) The taxpayer has received a statutory no�ce of deficiency, under I.R.C. § 6212, which en�tles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability un�l the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a no�ce of Federal tax lien with respect to an https://www.acquisition.gov/far/part-9#FAR_9_104_7 https://www.acquisition.gov/node/31745/printable/print#FAR_52_209_7 https://www.acquisition.gov/far/part-9#FAR_9_104_5 assessed tax liability, and the taxpayer has been issued a no�ce under I.R.C. § 6320 en�tling the taxpayer to request a hearing with the IRS Office of Appeals contes�ng the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is en�tled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability un�l the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making �mely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protec�on. The taxpayer is not delinquent because enforced collec�on ac�on is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has □ has not □, within a three-year period preceding this offer , had one or more contracts terminated for default by any Federal agency .

(2) "Principal ," for the purposes of this cer�fica�on, means an officer, director, owner, partner, or a person having primary management or supervisory responsibili�es within a business en�ty (e.g., general manager; plant manager; head of a division or business segment ; and similar posi�ons).

This Cer�fica�on Concerns a Mater Within the Jurisdic�on of an Agency of the United States and the Making of a False, Fic��ous, or Fraudulent Cer�fica�on May Render the Maker Subject to Prosecu�on Under Sec�on 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate writen no�ce to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its cer�fica�on was erroneous when submited or has become erroneous by reason of changed circumstances.

(c) A cer�fica�on that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation . However, the cer�fica�on will be considered in connec�on with a determina�on of the Offeror ’s responsibility. Failure of the Offeror to furnish a cer�fica�on or provide such addi�onal information as requested by the Contracting Officer may render the Offeror nonresponsible.

(c) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the cer�fica�on required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is

(d) normally possessed by a prudent person in the ordinary course of business dealings.

The cer�fica�on in paragraph (a) of this provision is a material representa�on of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous cer�fica�on, in addi�on to other remedies available to the Government, the Contracting Officer may terminate the contract resul�ng from this solicitation for default.

(End of provision)

FAR 52.209-11 Representa�on by Corpora�ons Regarding Delinquent Tax Liability or a Felony Convic�on under any Federal Law As prescribed in 9.104-7(d), insert the following provision:

i Representa�on by Corpora�ons Regarding Delinquent Tax Liability or a Felony Convic�on under any Federal Law (Feb 2016)

(a) As required by sec�ons 744 and 745 of Division E of the Consolidated and Further Con�nuing Appropria�ons Act, 2015 (Pub. L 113-235), and similar provisions, if contained in subsequent appropria�ons acts, the Government will not enter into a contract with any corpora�on that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administra�ve remedies have been exhausted or have lapsed, and that is not being paid in a �mely manner pursuant to an agreement with the authority responsible for collec�ng the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corpora�on and made a determina�on that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal viola�on under any Federal law within the preceding 24 months, where the awarding agency is aware of the convic�on, unless an agency has considered suspension or debarment of the corpora�on and made a determina�on that this ac�on is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is [ ] is not [ ] a corpora�on that has any unpaid Federal tax liability that has been assessed, for which all judicial and administra�ve remedies have been exhausted or have lapsed, and that is not being paid in a �mely manner pursuant to an agreement with the authority responsible for collec�ng the tax liability; and

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

(End of provision)

K.3 BIOBASED PRODUCT CERTIFICATION (52.223-1) (May 2012)

As required by the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005 (7 U.S.C. 8102(c)(3)), the offeror cer�fies, by signing this offer, that biobased products (within categories of products listed by the United States Department of Agriculture in 7 CFR part 3201, subpart B) to be used or delivered in the performance of the contract, other than biobased products that are not purchased by the offeror as a direct result of this contract, will comply with the applicable specifica�ons or other contractual requirements. End of provision)

K.4 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SUREVEILLANCE

SERVICES OR EQUIPMENT (FAR 52.204-24) (NOV 2021)

As prescribed in 4.2105(a), insert the following provision:

Representa�on Regarding Certain Telecommunica�ons and Video Surveillance Services or Equipment (Nov 2021) The Offeror shall not complete the representa�on 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 —Representa�on, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representa�ons and Cer�fica�ons- Commercial Products or Commercial Services. The Offeror shall not complete the representa�on 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 https://www.acquisition.gov/far/part-4#FAR_4_2105 https://www.acquisition.gov/node/31745/printable/print#FAR_52_204_26 https://www.acquisition.gov/node/31745/printable/print#FAR_52_212_3 https://www.acquisition.gov/node/31745/printable/print#FAR_52_204_26 https://www.acquisition.gov/node/31745/printable/print#FAR_52_212_3 meanings provided in the clause 52.204-25, Prohibi�on on Contracting for Certain Telecommunica�ons and Video Surveillance Services or Equipment .

(b) Prohibition.

(1) Sec�on 889(a)(1)(A) of the John S. McCain National Defense Authoriza�on Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or a�er 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 prohibi�on shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an en�ty to provide a service that connects to the facili�es of a third-party, such as backhaul , roaming , or interconnection arrangements ; or

(ii) Cover telecommunica�ons 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.

(3) Sec�on 889(a)(1)(B) of the John S. McCain National Defense Authoriza�on Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or a�er August 13, 2020, from entering into a contract or extending or renewing a contract with an en�ty 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 prohibi�on 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 prohibi�on shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an en�ty to provide a service that connects to the facili�es of a third-party, such as backhaul , roaming , or interconnection arrangements

(ii) (ii) Cover telecommunica�ons 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 par�es in the System for Award Management (SAM) (htps://www.sam.gov) for en��es 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 resul�ng from this solicitation . The Offeror shall provide the addi�onal disclosure information required at paragraph (e)(1) of this sec�on if the Offeror responds "will" in paragraph (d)(1) of this sec�on; and

(2) A�er conduc�ng a reasonable inquiry , for purposes of this representa�on, 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 addi�onal disclosure information required at paragraph (e)(2) of this sec�on if the Offeror responds "does" in paragraph (d)(2) of this sec�on.

(e) Disclosures.

(1) Disclosure for the representa�on in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representa�on in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer :

(i) For covered equipment — https://www.acquisition.gov/node/31745/printable/print#FAR_52_204_25 https://www.sam.gov/

(A) The en�ty that produced the covered telecommunica�ons equipment (include en�ty name, unique entity identifier , CAGE code, and whether the en�ty was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A descrip�on of all covered telecommunica�ons equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item descrip�on, as applicable); and

(C) Explana�on of the proposed use of covered telecommunica�ons equipment and any factors relevant to determining if such use would be permissible under the prohibi�on in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A descrip�on of all covered

(B) telecommunica�ons services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item descrip�on, as applicable); or

(C) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explana�on of the proposed use of covered telecommunica�ons services and any factors relevant to determining if such use would be permissible under the prohibi�on in paragraph (b)(1) of this provision.

(2) Disclosure for the representa�on in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representa�on 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 en�ty that produced the covered telecommunica�ons equipment (include en�ty name, unique entity identifier , CAGE code, and whether the en�ty was the OEM or a distributor, if known);

(B) A descrip�on of all covered telecommunica�ons equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item descrip�on, as applicable); and

(C) Explana�on of the proposed use of covered telecommunica�ons equipment and any factors relevant to determining if such use would be permissible under the prohibi�on in paragraph (b)(2) of this provision.

(ii) For covered services—

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

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

K.5 Small Business Program Representa�ons (FAR 52.219-1) (SEP 2021)

As prescribed in 19.309(a)(1), insert the following provision:

Small Business Program Representa�ons (Sep 2021)

(a) Definitions . As used in this provision- Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and uncondi�onally owned by, and the management and daily business operations of which are controlled by, one or more women who are ci�zens of the United States and who are economically disadvantaged in accordance with 13 CFR part

127. It automa�cally qualifies as a women-owned small business concern eligible under the WOSB Program.

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 opera�on in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (b) of this provision.

(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 par�es control or have the power to control the others. In determining whether affilia�on exists, considera�on is given to all appropriate factors including common ownership, common management, and contractual rela�onships. SBA determines affilia�on 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 uncondi�onally 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 ci�zens of the United States , and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 a�er 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 .

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 https://www.acquisition.gov/far/part-19#FAR_19_309 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim

(2) The management and daily business operations of which are controlled by one or more veterans.

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 uncondi�onally owned by, and the management and daily business operations of which are controlled by, one or more women who are ci�zens of the United States .

(1) The North American Industry Classifica�on System (NAICS) code for this acquisition is _236220_______ [insert NAICS code].

(2) The small business size standard is __$45.0M_____ [insert size standard].

(2) The small business size standard for a concern that submits an offer , other than on a construction or service acquisition , but proposes to furnish an end item that it did not itself manufacture, process, or produce (i.e., nonmanufacturer ), is 500 employees, or 150 employees for

(3) informa�on technology value-added resellers under NAICS code 541519, if the acquisition— (i)Is set aside for small business and has a value above the simplified acquisition threshold ;

(ii)Uses the HUBZone price evalua�on preference regardless of dollar value, unless the offeror waives the price evalua�on preference; or (iii)Is an 8(a), HUBZone , service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(c) Representations.

(1) The offeror represents as part of its offer that it □ is, □ is not a small business concern .

(2) [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.

(3) [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 women-owned small business concern .

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program . [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(3) of this provision.] The offeror represents as part of its offer 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 representa�on in paragraph (c)(4)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program par�cipa�ng 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 par�cipa�ng in the joint venture shall submit a separate signed copy of the WOSB representa�on.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern . [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (c)(4) of this provision.] The offeror represents as part of its offer that-

(i) It □ is, □ is not an EDWOSB 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 representa�on in paragraph (c)(5)(i) of this provision is accurate for each EDWOSB concern par�cipa�ng 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 par�cipa�ng in the joint venture shall submit a separate signed copy of the EDWOSB representa�on.

(6) [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 .

(7) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a service-disabled veteran-owned small business concern .

(8) [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 representa�on, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administra�on, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was cer�fied 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 representa�on in paragraph (c)(8)(i) of this provision is accurate for each HUBZone small business concern par�cipa�ng 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 par�cipa�ng in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representa�on.

(d) Notice. Under 15 U.S.C.645(d), any person who misrepresents a firm’s status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to sec�on 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references sec�on 8(d) for a definition of program eligibility, shall -

(1) Be punished by imposi�on of fine, imprisonment, or both;

(2) Be subject to administra�ve remedies, including suspension and debarment ; and

(3) Be ineligible for par�cipa�on in programs conducted under the authority of the Act.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

Previous Contracts and Compliance Reports (FAR 52.222-22) (FEB 1999)

The offeror represents that --

(a) It ☐ has, ☐ has not par�cipated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicita�on;

(b) It ☐ has, ☐ has not filed all required compliance reports; and

(c) Representa�ons indica�ng submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

(End of Provision)