Sol_140L0125B0002.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

LWA

Washington DC 20003 20 M Street SE

BLM ACQ & FA (WO855)

0011276700 CODE 16. ADMINISTERED BYCODE

X

X

X

111940

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORLYA

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

08/13/2025 1000 MD

07/09/2025

0000000000Huong Le (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140L0125B0002

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 48 0044010831OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

ELM CREEK NE 68836

5050 100TH ROAD

BLM-WO MID-CONTINENTAL FACILITY TEA

15. DELIVER TO

CHEYENNE WY 82009

5353 YELLOWSTONE RD.

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$2.5

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

BLM WY-STATE OFC BUS MGMT BR(WY951)

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Bid Questions due 07/15/2025 14:00 MT Issuance of Amendment 1 (Q&A) anticipated on 07/29/2025 Closing of Solicitation (IFB) due 08/13/2025 10:00 am MT

00010 Alfalfa Hay, Large Round - Base, Year 1

FOB: Destination Continued ...

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

Cristina Hayden

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REFERENCE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Period of Performance: 09/15/2025 to 09/14/2026

00020 Alfalfa Hay, Small Square - Base, Year 1

Period of Performance: 09/15/2025 to 09/14/2026

00030 Alfalfa Hay, Large Round - Option, Year 2

(Option Line Item)

07/31/2026

Period of Performance: 09/15/2026 to 09/14/2027

00040 Alfalfa Hay, Small Square - Option, Year 2

(Option Line Item)

07/31/2026

Period of Performance: 09/15/2026 to 09/14/2027

00050 Alfalfa Hay, Large Round - Option, Year 3

(Option Line Item)

07/31/2027

Period of Performance: 09/15/2027 to 09/14/2028

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

48 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 48

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140L0125B0002

00060 Alfalfa Hay, Small Square - Option, Year 3

(Option Line Item)

07/31/2027

Period of Performance: 09/15/2027 to 09/14/2028

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation No. 140L0125B0002 Contract No. TBD upon award Set Aside: 100 % Small Business Commercial Service Acquisition

Wild Horse and Burro Program Alfalfa Hay

Elm Creek, Nebraska (NE)

U.S. Department of the Interior Bureau of Land Management

Headquarters 2025

Bureau of Land Management

Document No. IFB 140L0125B0002

Title: Alfalfa Hay, Elm Creek NE Combined Synopsis Solicitation

V 7.9.25 (Executed) Page 5 of 48

Standard Form (Continued) Pursuant to Federal Acquisition Regulation (FAR) 12.603(a), the Contracting Officer is issuing a combined synopsis/solicitation for the acquisition of hay to support daily feeding of wild horses and burros (WH&B) at the Elm Creek, Nebraska (NE) Bureau of Land Management (BLM) WH&B Facility.

(i) This is a combined synopsis/solicitation for the acquisition of 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; bids are being requested, and a written solicitation will not be issued.

(ii) Solicitation Number 140L0125B0002 is being issued as an Invitation for Bid (IFB).

This solicitation will utilize the policies contained in FAR Part 14, Sealed Bidding in conjunction with the policies and procedures for solicitation evaluation and award prescribed in FAR Part 12, Acquisition of Commercial Items, as appropriate for this acquisition.

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-04 effective May 12, 2025.

(iv) This solicitation is being issued as a Total Small Business Set Aside. The NAICS associated with this solicitation is 111940, Hay Farming, with a size standard of $2,500,000.00.

(v) Please refer to the attached Statement of Work (SOW) for detailed requirements (Attachment 1). The pricing sheet shall be completed and submitted in Excel or a Microsoft Office-compatible format with your bid (Attachment 2).

(vi) The items to be acquired through this combined synopsis/solicitation are hay for the Elm Creek, NE BLM WH&B Facility.

(vii) Performance location is detailed in the attached SOW (Attachment 1).

(viii) FAR Provision 52.212-1, Instructions to Offerors - Commercial Items, applies to this acquisition. Potential bidders shall read and comply with all the requirements. Attachment 4 provides additional instructions to offeror/bidders.

(ix) This acquisition is being solicited using FAR Part 14, Sealed Bidding. The basis of award will be Lowest Priced Bid. The award will be made to the responsive, responsible bidder whose bid, conforming to this invitation for bid that is the most advantageous to the Government, considering the total evaluated price.

To be eligible for award, the bidder must be deemed responsible in accordance with FAR 9.104, provide all documentation/information required in this solicitation; meet all requirements of the solicitation and conform to all required terms and conditions. Failure to comply with the terms and conditions of the solicitation may result in the bidder being ineligible for award.

V 7.9.25 (Executed) Page 6 of 48

(x) Offerors/Bidders shall include a completed copy of FAR Provision 52.212-3, Offeror Representations and Certifications - Commercial Items, with their bid. Bidders with an active System for Award Management (SAM) registration shall ensure that their Representation and Certifications in SAM are up to date. If a bidder does not have an active SAM registration, they shall complete FAR clause 52.212-3 and include it with their bid submission.

(xi) FAR Clause 52.212-4, Contract Terms and Conditions - Commercial Items applies to this acquisition, see Attachment 3.

(xii) FAR Clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items, applies to this acquisition. See Attachment 3, FAR Clause 52.212-5 for additional information.

(xiii) Additional clauses that apply to this acquisition are provided at Attachment 3. These clauses will be incorporated into the successful offeror/bidders' contract award. Additional provisions that apply to this acquisition are provided at Attachment 3. These provisions are incorporated into this solicitation but will not be incorporated into the successful offeror/bidders' contract award.

(xiv) The Defense Priorities and Allocations System (DPAS) does not apply to this acquisition.

(xv) . Bids shall be submitted in accordance with the instructions in Attachment 4.

Interested parties may submit questions relating to this solicitation via electronic mail to the Contracting Specialist, Huong (Tiffany) Le at hle@blm.gov and are due no later than July 15th, 2025, 14:00 p.m. MT. Bids are due by August 13th, 2025, 10:00 a.m. MT.

ALL questions regarding this IFB shall be submitted in writing only. ONLY WRITTEN QUESTIONS WILL RECEIVE A RESPONSE. Each question submitted must include the following information: IFB specific section (Standard Form, Forward or Attachment number), page number, paragraph, clause or other definitive citation for which clarification is requested. Government responses will only be provided to questions submitted in writing, and all answers will be provided via an amendment to this solicitation through the Contracting Opportunities via the SAM-GOV website at https://sam.gov.

(xvi) The following individuals are the point of contacts for this combined synopsis/solicitation.

Huong H (Tiffany) Le Contract Specialist Department of Interior Wyoming State Office-Acquisitions Branch

V 7.9.25 (Executed) Page 7 of 48

Email: hle@blm.gov

Cristina Hayden Contracting Officer (CO) Department of Interior Headquarters - Acquisitions Branch Email: chayden@blm.gov

The following attachments are hereby incorporated into this combined synopsis/solicitation:

Attachment 1 - Statement of Work Attachment 2 - Pricing Sheet Attachment 3 – Provisions/ Clauses Attachment 4 - Additional Instructions to Bidders

Attachments 1, 2, and 3 (clauses) will be incorporated into any resulting contract award.

V 7.9.25 (Executed) Page 8 of 48

Attachment 1 - Statement of Work

i) GENERAL REQUIREMENTS:

This acquisition is intended to procure quality hay products for the feeding of wild horses and burros (WH&B) at the National WH&B Facility in Elm Creek (EC), Nebraska (NE).

The National Wild Horse and Burro Program (WH&BP) is an integral part of the management of Federal lands in the western United States. Every year WH&Bs that are determined to be excess on the public lands are removed and placed in the Adopt-A-Horse program. This program places WH&Bs into private homes around the country. The WH&B at EC is charged with caring for these animals on their journey to private adopted homes. A good feeding program is an integral part of the care the animals receive while on the facility.

Good quality alfalfa hay helps ensure the good care of WH&Bs at the facility. The contract will ensure the procurement of suitable quality hay for the feeding of 300-500 WH&Bs per day throughout the year. This will require the delivery of alfalfa hay to feed up to 5.25 tons of hay per day.

The primary, large volume feeding of alfalfa hay is using large round bales. This will be the largest amount of hay needed to be supplied by the hay contractor. EC also feeds animals in smaller load pens and sick pens using small square bales. Small square requirements may be up to 50 bales per month with an average weight of 60 lbs. per bale or up to 1.5 ton/month.

Hay delivered will be up to 1,982 tons of large round bales and up to 18 ton of small squares.

Depending on our animal numbers, we may not require the entire 1982 tons of round bales or 18 tons of small squares.

ii) HAY SPECIFICATIONS:

a) Shall:

1) Be domestically grown

2) Be leafy, green, well cured, properly stored and free of dust, mold, or heating

3) Be free of any noxious weeds, including Russian Thistle or Prickly Herb, Cheat Grass and any other weed or grass not considered healthy forage for domestic animals.

4) All hay delivered will be free of dust, mold and heating

b) Shall not:

1) Contain more than 5% grasses (per bale)

2) Have any bearded grain or any forage plant containing long awns

(spikelet)

3) The BLM reserves the right to refuse any hay upon arrival before unloading that does not meet the specifications of the Statement of Work.

4) The BLM reserves the right to refuse any hay up to three weeks after delivery if core sample testing is needed due to protein level concerns.

V 7.9.25 (Executed) Page 9 of 48

5) Hay testing shall be available upon request within 10 days of delivery (if COR feels the hay might not be the acceptable RFV).

i. Testing is performed by an external lab. If the hay quality it is not in accordance with the SOW, then the hay contractor will replace the hay.

iii) BALE REQUIREMENTS:

a) Bales shall

1) Have a protein level 16% or higher

2) Have relative Feed Value 125 or higher

3) Weed level less than 5%

4) Grass level less than 5%

iv) PLACE OF DELIVERY:

a) The hay shall be delivered at the following location:

BLM-WY MID-CONTINENTAL FACILITY TEAM

5050 100th Rd Elm Creek, NE 68836

v) COORDINATION OF DELIVERY:

a) All deliveries shall be coordinated with the Bureau of Land Management (BLM)

Contracting Officer Representative (COR), with the EC Feeding contractor copied on all coordination communications with the COR. The hay Contractor will unload all the small square bales into the BLM’s hay shed and the EC feeding Contractor will unload the round bales with the feeding contractor’s provided on-site tractor. It is important that the hay contractor must coordinate round bale load deliveries with the COR and EC Feeding Contractor.

vi) UNLOADING AT DESTINATION:

a) Deliveries will be during normal business hours, Monday-Friday 8 a.m. – 4 p.m., and coordinated with the COR. Weekend deliveries will only be allowed after approval by the COR.

b) The Contractor shall provide Certified Weigh Tickets to the COR upon delivery.

The COR will use the Weight Tickets to verify the tonnage shipped prior to inspection and acceptance of each shipment. The Contractor shall only be reimbursed for the weight of hay delivered, not to exceed the contracted quantity.

Anticipated overages should be factored into the unit price of the product.

c) All hay shall be transported using standard commercial practices for the shipment of hay, in vehicles compliant with Local, State, and Federal regulations concerning the transport of hay.

V 7.9.25 (Executed) Page 10 of 48

vii) SPECIAL CIRCUMSTANCES:

a) There may be periods that the contractor will be unable to gain access to the EC facility due to inclement weather. It is the goal of the EC facility to maintain supplies of hay to allow for periods of weather in the form of snow or muddy conditions which may conflict with a Hay Contractors ability to get hay out of a field for delivery to the EC facility. It is the goal of the EC facility to always have hay on-site to maintain a 3-5 day feeding supply on-hand in cases of severe snow or mud conditions which would impact a contractor’s ability to retrieve hay from a field to deliver to the EC facility. This will ensure the facility always has a backup supply of hay in the case of delivery problems such as snow and mud conditions or any other unforeseen conflicts occur.

[End of this attachment]

V 7.9.25 (Executed) Page 11 of 48

Attachment 2 - Pricing Sheet (Also in an excel version)

Line-Item No. Description NTE

QTY

Unit Unit Price

NTE Total Price

00010 Alfalfa Hay, Large Round - Base, Year 1

1982 TONS $______ $______

00020 Alfalfa Hay, Small Square - Base Year 1

18 TONS $______

00030 Alfalfa Hay, Large Round - Option, Year 2

1982 TONS $______ $______

00040 Alfalfa Hay, Small Square - Option, Year 2

18 TONS

00050 Alfalfa Hay, Large Round - Option, Year 3

TONS $______ $______

00060 Alfalfa Hay, Small Square - Option, Year 3

18 TONS

NTE TOTAL

CONTRACT

VALUE

Total Price shall include all applicable taxes, all incidental expenses, and all direct and indirect costs.

CONTRACTOR WILL ONLY BE ALLOWED TO INVOICE FOR ACTUAL

QUANTITES (TONNAGE) DELIVERED AND ACCEPTED BY THE

GOVERNMENT

[End of this attachment]

V 7.9.25 (Executed) Page 12 of 48

Attachment 3 – Provisions/Clauses

52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the CO will make their full text available.

Also, the full text of any clause may be accessed electronically at the following addresses:

FAR Clauses https://www.acquisitions.gov/far/ DOI Clauses https://www.acquisitions.gov/diar/ (End of Clause)

52.252-6 Authorized Deviations in Clauses (Nov 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Department of the Interior Acquisition Regulation (48 CFR Chapter 14) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

52.202-1 Definitions. (JUN 2020)

52.203-3 Gratuities. (APR 1984)

52.204-7 System for Award Management. (NOV 2024)

52.204-13 System for Award Management Maintenance. (OCT 2018)

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

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

52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021)

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

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

(NOV 2015)

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

V 7.9.25 (Executed) Page 13 of 48 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

V 7.9.25 (Executed) Page 14 of 48 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)

52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998)

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (FEB 2016)

52.212-1 Instructions to Offerors - Commercial Products and Commercial Services. (SEP 2023)

52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services. (MAY 2024) (DEVIATION FEB 2025)

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—

V 7.9.25 (Executed) Page 15 of 48

(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

V 7.9.25 (Executed) Page 16 of 48 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 (SDVOSB) concern means a small business concern— (1)

(i) Not less than 51 percent of which is owned and controlled 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; or

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, 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), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs’ Veterans Benefits Administration, as a service-disabled veteran.

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that—

V 7.9.25 (Executed) Page 17 of 48

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

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 with 13 CFR 124.1001, 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 the threshold at 13 CFR 124.104(c)(2) 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.

V 7.9.25 (Executed) Page 18 of 48

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

(1) Not less than 51 percent of which is owned and controlled 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 women;

and

(2) Whose management and daily business operations are controlled by one or more women.

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

CFR 127.300.

(b)

(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

V 7.9.25 (Executed) Page 19 of 48

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that—

(i) It □ is, □ is not a small business concern; or

(ii) It □ is, □ is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.]

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern.

(3) SDVOSB concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents that it □ is, □ is not an SDVOSB concern.

(4) SDVOSB concern joint venture eligible under the SDVOSB Program.

The offeror represents that it □ is, □ is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [Complete only if the offeror represented itself as an SDVOSB concern in paragraph (c)(3) of this provision.] [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.]

(5) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR 124.1001.

(6) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern.

(7) WOSB joint venture eligible under the WOSB Program. The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.]

(8) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.] Note to paragraphs (c)(9) and (10): Complete paragraphs (c)(9) and (10) only if this solicitation is expected to exceed the simplified acquisition threshold.

(9) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small

V 7.9.25 (Executed) Page 20 of 48 business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is a women-owned business concern.

(10) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________

(11) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that–

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ______.] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.

(d) [Reserved]

(e) Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.gov/ U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American-Supplies, is included in this solicitation.)

(1)

(i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that each domestic end product listed in paragraph (f)(3) of this provision contains a critical component.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of

V 7.9.25 (Executed) Page 21 of 48 both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.

(iii) The Offeror shall separately list the line-item numbers of domestic end products that contain a critical component (see FAR 25.105).

(iv) The terms “commercially available off-the-shelf (COTS) item,” “critical component,” “domestic end product,” "end product," "foreign end product," and "United States," are defined in the clause of this solicitation entitled "Buy American-Supplies."

(2) Foreign End Products:

Line-Item No. Country of Origin Exceeds 55% domestic content (yes/no)

[List as necessary]

(3) Domestic end products containing a critical component:

Line-Item No. ___ [List as necessary]

(4) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.

(g)

(1) Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.)

(i)

(A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or

(iii) of this provision, is a domestic end product and that each domestic end product listed in paragraph (g)(1)(iv) of this provision contains a critical component.

(B) The terms "Bahraini, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "critical component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States," are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements- Israeli Trade Act."

(ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahraini, Moroccan, Omani, Panamanian, or Peruvian end products) or

V 7.9.25 (Executed) Page 22 of 48

Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

Free Trade Agreement Country End Products (Other than Bahraini, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line-Item No. Country of Origin

(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.

Other Foreign End Products:

Line-Item No. Country of Origin Exceeds 55% domestic content (yes/no)

(iv) The Offeror shall list the line-item numbers of domestic end products that contain a critical component (see FAR 25.105).

Line-Item No. ___ [List as necessary]

(v) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.

V 7.9.25 (Executed) Page 23 of 48

(2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II.

If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Israeli End Products:

Line-Item No.

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III.

If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraphs (g)(1)(i)(B) and (g)(1)(ii) for paragraphs (g)(1)(i)(B) and (g)(1)(ii) of the basic provision:

(g)(1)(i)(B) The terms “Korean end product”, “commercially available off-the-shelf (COTS) item,” “critical component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act.”

(g)(1)(ii) The Offeror certifies that the following supplies are Korean end products or Israeli end products as defined in the clause of this solicitation entitled “Buy American— Free Trade Agreements—Israeli Trade Act”:

Korean End Products or Israeli End Products:

(4) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

V 7.9.25 (Executed) Page 24 of 48

(i) The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements."

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products:

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.)

The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals–

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

(2) □ 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 Federal, state or local government 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;

(3) □ Are, □ are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) □ 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.

V 7.9.25 (Executed) Page 25 of 48

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) 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.

(B) 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.

(ii) Examples.

(A) 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.