S01_1.0_12FPC223Q0043_rv1_29Jun2023.pdf

Solicitation Number - 12FPC223Q0043 Appraisal Technical Review

SECTION A- SOLICITATION/CONTRACT FORM:

REQUEST FOR QUOTATION

USDA-Farm Production and Conservation RFQ No. 12FPC223Q0043

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

This solicitation number 12FPC223Q0043 is issued as a request for quotation (RFQ) , and the acquisition procedures at FAR Part 13.5 and 12 are being utilized. The Government intends to award one or multiple Blank Purchase Agreements (BPAs) containing Firm Fixed Price unit rates but reserves the right not to award any BPA from this solicitation, as well. Any resultant BPAs will include a five (5) year ordering period.

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-04 effective June 2, 2023 which can be found at:

http://www.acquisition.gov/far/index.html

This is a 100% set aside to Small Business applicable NAICS code is 531320 “Office of Real Estate Appraiser” which has a size standard of $9.5M. For more information on size standards visit http://www.sba.gov/size.

A-1 TYPE OF CONTRACT

This is a BPAs containing Firm Fixed Price unit rates.

A-2 PERIOD OF PERFORMANCE

Any resultant BPAs will include a five (5) year ordering period commencing on the date of BPA award.

The delivery date governing each call order will be identified within the call order at the time of order placement.

SECTION B: NATIONAL APPRAISAL-PRICING

See Attachment 01 Pricing Template

SECTION C: PERFORMANCE WORK STATEMENT:

Performance Work Statement (PWS)

TECHNICAL REVIEW OF APPRAISALS FOR NRCS EASEMENT PROGRAMS

1.0 Objective:

1.1: The Natural Resources Conservation Service (NRCS) requires real property appraisals for land parcels proposed for inclusion in the easement programs described below (easement appraisal). The NRCS requires technical reviews of easement appraisals to ensure compliance with NRCS specifications and program requirements.

2.0 Background:

2.1: NRCS easement programs authorize the acquisition of easement rights from willing landowners for conservation purposes. NRCS is the lead agency within the USDA charged with administering the Agricultural Conservation Easement Program Agricultural Land Easement component (ACEP-ALE), Agricultural Conservation Easement Program Wetland Reserve Easement component (ACEP-WRE), Emergency Watershed Protection Program Floodplain Easements (EWPP-FPE), Healthy Forests Reserve Program (HFRP) and the Conservation Easement component of the Regional Conservation Partnership Program (RCPP). Appraisal reports are used to determine easement value according to NRCS program policy.

2.2: Each easement program has different appraisal requirements. WRE require a market value appraisal of the proposed easement area only. EWPP-FPE and HRFP, and RCPP require a before and after appraisal of the easement area only. Under ACEP-ALE, NRCS provides funding to a partner agency to acquire an easement, and the partner orders the initial appraisal. ACEP-ALE partner agencies generally order a before and after appraisal of the proposed easement area, however, in some instances the partner agency will order a UASFLA, or Yellow Book appraisal.

Historically, NRCS receives more appraisals for ACEP-ALE than for the other programs.

2.3: The NRCS national appraiser is responsible for interpretation of the program appraisal specifications and other valuation policies. The contractor will have access to the NRCS national appraiser for guidance and clarification of policy. Contact information for the national appraiser is provided in section 6.3 below.

3.0 Scope:

3.1 The contractor shall perform technical reviews of easement appraisals as described in Exhibit 1, the technical review specifications.

4.0 Tasks:

4.1 Task 01: Technical Review of Easement Appraisals

The technical review specifications include specific instructions for developing a technical appraisal review report, which will constitute the deliverables (technical review report). The technical review report will indicate whether the reviewed easement appraisal conforms to applicable program requirements and appraisal specifications and whether it is approved or disapproved.

5.0 General Requirements:

This section describes the general requirements for this effort.

5.1 Government Holidays: The contractor shall not be required to perform services on the following eleven (11) federally recognized holidays.

New Year’s Day Martin Luther King Jr.’s Birthday

Washington’s Birthday Memorial Day Juneteenth Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

5.2 Type of Agreement: Blanket Purchase Agreement (BPA)

5.3 Place of Performance: The services will be performed in the contractors' office location.

5.4 Initial Post-Award Conference: This meeting shall provide an introduction between the Contractor and Government personnel who will be involved with the contract. The meeting shall provide the opportunity to discuss technical, management, and security issues. The Post-Award Conference will aid both the Government and Contractor in achieving a clear and mutual understanding of all requirements and identify and resolve any potential issues. The Contractor shall provide a written summary of the Post-Award Conference. The Contractor is responsible for scheduling and leading the meeting.

5.5 Consequent Post-Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post-award meetings convened by the contracting officer (CO) in accordance with Federal Acquisition Regulation Subpart 42.5. These meetings shall be attended by the CO, COR, appropriate Government personnel and the contractor’s representatives, at these meetings the contractor’s performance shall be reviewed, and any problems the contractor is encountering shall be identified and addressed. Appropriate action shall be taken to resolve outstanding issues.

5.6 Contracting Officer Representative (COR): The COR is responsible for monitoring all technical aspects of the BPA and assisting in its administration. The COR performs the following functions:

-Ensures that the contractor delivers on the PWS requirements of the BPA.

-Documents all communications between the contractor and the Government on all subject matter concerning the BPA.

-Provides guidance or issues written interpretations on all technical requirements, monitor contractor's performance and notifies both the CO and contractor of any deficiencies.

A letter of designation issued to the COR, a copy of which is sent to the contractor, states the responsibilities and limitations of the COR, especially regarding changes in the scope of work, cost or price, and delivery dates. The COR is not authorized to change any of the terms and conditions of the BPA, or it's agreed upon contents.

5.7 BPA Management:

5.7.1 A COR will be identified in a COR designation letter.

5.7.2 A technical representative will also be identified who can answer questions that the COR cannot answer.

5.7.3 The contractor shall provide a BPA manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the CO. The BPA manager or alternate shall have full authority to act for the contractor on all matters relating to daily operation of this BPA.

5.8 Data Rights: The Government has unlimited rights to all documents/material produced under this BPA. These documents and materials may not be used or sold by the contractor without written permission from the CO. All materials supplied by the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

Neither the Contractor, nor their representative shall release or publish any sketch, photograph, report or other material of any nature derived or prepared under this delivery order without specific written permission of the CO except as is specifically provided in the performance work statement.

Copyright shall not be claimed by the Contractor, Subcontractor or any person and/or entity that may be associated with the contractor and/or subcontractor for any materials produced under this PWS or associated Call.

All inquiries from the media, local, state, and federal governmental bodies, shall be forwarded to the COR; the Contractor shall under no circumstance provide an interview and/or comments unless instructed to do so by an authorized representative of USDA-NRCS in writing.

5.9 Government Furnished Items and Services/Materials: All documents, data, and other material furnished by the Government under this agreement shall remain the property of the Government and shall be returned to the Government within 30 days after the final report is accepted by the Government. Additional GFMs may be given to Contractor during the terms of this PWS (ex. Tax information for County).

5.10 Non-Personal Services: The Government shall neither supervise Contractor employees nor control the method by which the Contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual Contractor employees, except for the site lead. It shall be the responsibility of the Contractor to manage its employees and to guard against any actions that are of the nature of personal services or give the perception of personal services. If the Contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the Contractor’s responsibility to notify the Contracting Officer, in writing, immediately.

5.11 Contractor Personnel Qualifications:

A technical review appraiser must meet the following qualifications to complete technical reviews for NRCS:

(1) State-certified general real property appraiser in conformance with title XI of FIRREA and be in good standing with the licensing authority where the credential was issued.

(2) No disciplinary action taken by the licensing authority that resulted in suspension of the credential.

(3) Demonstrate competency in compliance with USPAP in conducting and reviewing appraisals of properties with and without conservation easements of the requested type of easement or property type.

(4) Demonstrate competency in compliance with UASFLA in conducting and reviewing appraisals completed under UASFLA.

(5) Meet the minimum education requirements established by NRCS:

(i) A conservation easement valuation or eminent domain course.

(ii) At least 40 classroom hours of training in performing technical appraisal reviews.

(iii) A current UASFLA course.

Documentation of these qualifications must be included in the technical review report.

The Contractor shall accomplish the assigned work by employing and utilizing qualified personnel.

The Contractor shall demonstrate their ability to recruit and retain qualified personnel to accomplish the task orders placed against the BPA.

5.12 Travel: For this BPA, the contractor is not required to access site(s) or attend in-person meetings. As a result, there is no contractor travel anticipated to support this effort.

5.13 Invoicing and Payment:

Orders to be performed under this BPA may be placed by an authorized USDA Purchase Cardholder or the issuance of a BPA Call. Payment may be made via the purchase card or electronic funds transfer.

No Single BPA Call should exceed $50,000.00

No order by an authorized purchase cardholder may exceed applicable Government Purchase Card (GPC) use thresholds.

Ceiling Limit: $2.25M

Invoices issued to authorized purchase cardholders must also be emailed to:

chrissy.webb@usda.gov

Invoicing and payment shall be accomplished in accordance with USDA for the specified BPA Call Order. Invoicing may commence upon acceptance of the specified deliverables. In accordance with the following FPACPOP Clause 4I-52.232-70 Invoice Processing Platform (IPP) is required by FPACPOP-4I.32.908.

4I-52.232-70 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS –

INVOICE PROCESSING PLATFORM (IPP)

(a) Invoices must be submitted electronically through the U.S. Department of the Treasury’s Invoice Processing Platform System (IPP). The Contractor must use the IPP website (https://www.ipp.gov) for submitting invoices. Invoices submitted by means other than IPP will not be accepted unless the Contracting Officer authorizes alternate procedures in writing.

Chrissy.Webb Highlight

(b) Under this contract, the following document(s) are required to be submitted as attachment(s) to the IPP invoice:

(i) Vendor name

(ii) Vendor address

(iii) Contract No./Order No.

(iv) Purpose of the Invoice

(v) Billing Period for the services performed

(vi) Description of deliverable

(vii) Price of Deliverable

Invoices will be paid upon approval and acceptance by the Government COR and CO.

The Contractor must use the IPP website (https://www.ipp.gov) to register, access, and use IPP for submitting invoices. Contractor assistance with enrollment can be obtained by calling 866-973-3131.

5.14 Conflict of Interest: A contractor may not perform a technical review of an appraisal prepared or submitted to NRCS by his or her spouse, child, employee, partner, business associate, or any entity employing his or her spouse, child, partner, or business associate. Furthermore, the contractor may not perform a technical review of an appraisal for any property in which the contractor, his or her spouse, child, employee, partner, or business associate has a financial or any other interest.

6.0 Delivery: The NRCS contracting officer representative (COR) will provide the contractor with a copy of the easement appraisal for which an appraisal review is requested. The contractor must deliver completed technical review report to the COR within 22 business days of the contractor’s receipt of the order and the applicable easement appraisal. In addition, the contractor must email an electronic copy of each technical review report including the reviewed appraisal and any communication with the appraiser or NRCS, to the NRCS national appraiser (identified below).

6.1 Disapproved Appraisals and Second Reviews: In the event the contractor finds deficiencies in an easement appraisal, he or she must work with the appraiser as described in the technical review specification and attempt to correct the deficiencies. If attempts to resolve the deficiencies prove unsuccessful and the contractor must disapprove the easement appraisal, NRCS will determine whether to obtain a new easement appraisal from a different appraiser or to continue working with the initial appraiser to correct deficiencies. In either instance, the contractor must provide documentation in the review report to the COR of any corrections or changes to the easement appraisal made by the appraiser. Correspondence received from the appraiser should be included in the technical review report as an addendum. Such documentation is required and an integral part of the deliverables.

6.2 Quality Assurance: Quality assurance is the responsibility of the contractor. The NRCS national appraiser may perform quality assurance activities or audit completed technical review reports submitted by the contractor to ensure compliance with NRCS specifications and the requirements of the applicable NRCS easement program. The contractor will be required to correct any nonconforming technical review reports. The contractor must fully participate in reasonable quality assurance activities, such as periodically scheduled conference calls, and must make available any subcontractors for consultation with the NRCS national appraiser for quality assurance purposes.

6.3 NRCS NATIONAL APPRAISER CONTACT INFORMATION:

NRCS National Appraiser NRCS.NationalAppraisers@usda.gov

7.0 SHIPMENT OF DELIVERABLES:

Deliverables will be submitted by electronic means.

SECTION D- PACKING AND MARKING:

NA

SECTION E-INSPECTION AND ACCEPTANCE:

INSPECTION AND ACCEPTANCE (FEB 1988) AGAR 452.246-70

The Contracting Officer or the Contracting Officer’s duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

The cognizant Government point of contact for deliverable submission will be provided at the call order level.

SECTION F-DELIVERABLES OR PERFORMANCE:

See Section C-Performance Work Statement

PLACE OF PERFORMANCE/DELIVERY LOCATION:

Outlined in each individual Call Order

SECTION G- ADMINISTRATIVE DATA:

A USDA Contracting Officer is the only person authorized to make or approve any changes to any of the requirements of this BPA and BPA Call Orders notwithstanding any clauses contained elsewhere in this BPA, this authority remains solely with the Contracting Officer. In the event the Offeror makes any changes at the direction of any other person other than a USDA Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in the cost incurred as a result thereof. Any questions concerning this BPA and BPA Call Orders will be directed to the Contracting Officer. The offeror shall contact the Contracting Officer with any questions regarding performance issues.

The Contracting Officer responsible for the administration of this BPA is:

Michael Dennie Contract Officer Team Lead-Enterprise Team Operations Branch Acquisition Division Farm Production and Conservation Business Center (FPAC) U.S Department of Agriculture

Email: michael.dennie@usda.gov Phone: 540-316-6986

Chrissy Webb Contract Specialist Enterprise Team Operations Branch Acquisition Division Farm Production and Conservation-Business Center (FPAC) U.S Department of Agriculture Email: Chrissy.webb@usda.gov Phone: 740-258-6761

The Contracting Officer responsible for the BPA Call Order Level:

Any USDA Contracting Officer

The Contracting Officer Representative (COR) for this BPA is:

Tate Jenkins National Realty Specialist National Resource and Conservation Service-TN U.S Department of Agriculture Email: tate.jenkins@usda.gov Phone: 731-432-4153

The COR is the individual within a program management function who has overall technical responsibility for efforts. The COR supports the CO during the administration of the contract by:

1. Making final decisions regarding the acceptance/rejection of deliverables

2. Providing technical clarification relative to overall workload matters.

3. Providing advice and guidance to the vendor in the preparation of deliverables and services.

4. Providing acceptance of deliverable products to assure compliance with requirements.

The Government Point of Contact responsible for the BPA Call Order Level will be listed on the individual Call Order.

INVOICES AND PAYMENT:

See Section C-Performance Work Statement

SECTION I: CONTRACT CLAUSES AND PROVISIONS:

SECTION H-SPECIAL CONTRACT REQUIREMENTS:

NA

SECTION I-CONTRACT CLAUSES AND PROVISIONS:

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):

https://www.acquisition.gov/

Provisions Incorporated by Reference:

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transaction (Sep 2007) 52.203-18 Prohibition on contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017) 52.204-7 System for Award Management (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.204-17 Ownership of Control of Offeror (Aug 2020) 52.204-20 Predecessor of Offeror (Aug 2020) 52.204-22 Alternative Line Item Proposal (Jan 2017) 52.209-2 Prohibition on contracting with Inverted Domestic Corporations-Representation (Nov 2015) 52.212-1 Instructions to Offerors – Commercial Items (Mar 2023) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran – Representation and Certifications (Jun 2020)

Provisions Full Text:

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

(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, regardless of whether that use is in performance of work under a Federal contract.

Nothing in the prohibition shall be construed to— services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

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

(End of provision)

52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020)

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

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

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

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

52.209-5 Certification Regarding Responsibility Matters (Aug 2020)

(a) (1) The Offeror certifies, 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 connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating 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 entity 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 notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

(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 administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until 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 collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles 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 until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting 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 entitled 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 until 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 timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action 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 certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification 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 certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

52.209-7 Information Regarding Responsibility Matters (Oct 2018)

a) Definitions. As used in this provision—

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror □ has □ does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in–

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of provision)

52.209-11 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)

52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (Dec 2022)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision—

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

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

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110- 174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended."Sensitive technology"—

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veteransor, 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 its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships.

SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often 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 liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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

Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women

Women-owned small business concern means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more…