AM01_15F06725R0000335 (Changes Only).pdf

15F06725R0000335/0001 Page 1 of 15

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE PAGE OF PAGES

1 15

2. AMENDMENT/MODIFICATION NUMBER

3. EFFECTIVE DATE

07/19/2024

4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

LWHCODE

PROCUREMENT SECTION

ROOM 6823

935 PENNSYLVANIA AVE, NW

WASHINGTON, DC 20535-0001

6. ISSUED BY CODE7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NUMBER

15F06725R0000335

CODE FACILITY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, country, state and ZIP Code) (X)

X 9B. DATED (SEE ITEM 11)

07/11/2025

10A. MODIFICATION OF CONTRACT/ORDER

NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X XThe above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing items 8 and 15, and returning __1__copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

ORDER NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return _______ copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purpose for Amendment 0001 is as follows:

1. Add a pre-delivery transition-in line item that can facilitate a down payment (CLIN 0007).

2. Change Unit of Issue for CLIN 0001 and 0002 to "Month" from "Each".

3. Change CLIN 0003 to "No Bid".

4. Section K clauses included by full text.

5. Add section B.4 to clarify Transition-in period and lease-purchase period of performance.

THIS AMENDMENT EXTENDS THE SOLICITATION CLOSING DATE/TIME TO: 08/20/2025 - 15:00 ET US/Eastern

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

Melissa Golicz Contracting Officer

(Signature of person authorized to sign)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED

By (Signature of Contracting Officer)

16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

07/19/2024 Previous edition unusable STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

15F06725R0000335/0001 Page 2 of 15

Table of Contents

Section Description Page Number

A Solicitation/Contract Form B Supplies or Services and Prices/Costs

C Description/Specifications/Statement of Work D Packaging and Marking E Inspection and Acceptance F Deliveries and Performance G Contract Administration Data H Special Contract Requirements I Contract Clauses J List of Attachments K Representations, Certifications and Other Statements of Offerors

Section K - Representations, Certifications and Other Statements of Offerors L Instructions, Conditions and Notices to Offerors M Evaluation Factors for Award

15F06725R0000335/0001 Page 3 of 15

Section B - Supplies or Services and Prices/Costs

Firm Fixed Price

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Base Year - Lease-Purchase of Private Aircraft

Base Year - Lease-Purchase of Private Aircraft that conforms to the attached Statement of Objectives (SOO) and Salient Characteristics.

Vendors will provide a monthly cost for warranty (if applicable) and maintenance services.

PSC: 1510

Line Period of Performance: 06/24/2026 - 06/23/2027

Base Period

Previous : 1

Change: 11

Current : 12

MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Base Year - Warranty and Maintenance Services

Base Year - Vendors will provide a monthly cost for warranty (if applicable) and maintenance services.

This line item is an option that the government reserves the right to exercise at time of award.

PSC: 1510

Line Period of Performance: 06/24/2026 - 06/23/2027

Unexercised Option

Previous : 1

Change: 11

Current : 12

MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 Base Year - Aircraft Modifications

**DO NOT PRICE**

For Government Purposes Only

Base Year - Aviation modifications that are required to meet the FBI's operational needs such as installation of avionics or a communications suite.

PSC: 1510

Line Period of Performance: 06/24/2026 - 06/23/2027

Base Period

Previous : 1

Change: 0

Current : 1

EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 Base Year - Delivery/Transport Costs

Base Year - Delivery of aircraft to government.

PSC: 1510

Line Period of Performance: 06/24/2026 - 06/23/2027

Base Period

Previous : 1

Change: 0

Current : 1

EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 Base Year - Training Services

Base Year - Pilot and Crew Training. This CLIN is optional - FBI may not elect to include training.

PSC: 1510

Line Period of Performance: 06/24/2026 - 06/23/2027

Previous : 1

Change: 0

Current : 1

EA $________ $_________________

15F06725R0000335/0001 Page 4 of 15

Base Period

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0006 Base Year - Additional Operational Support Services

**DO NOT PRICE**

For Government Purposes Only

PSC: 1510

Line Period of Performance: 06/24/2026 - 06/23/2027

Base Period

Previous : 1

Change: 0

Current : 1

EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0007 Base Year - Transition-in - Pre-Lease Period

The purpose for this line item is to facilitate a transition-in period for any action items necessary before aircraft delivery at which point the lease-purchase will commence.

Costs associated with this line item are at the discretion of the vendor. This line item can be used for costs such as down payments or pre-lease costs.

PSC: 1510

Line Period of Performance: 09/15/2025 - 06/23/2026

Base Period

Previous : 0

Change: 1

Current : 1

EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1001 Opt Yr 1 - Lease-Purchase of Private Aircraft

Option Year 1 - Lease-Purchase of Private Aircraft that conforms to the attached Statement of Objectives (SOO) and Salient Characteristics.

PSC: 1510

Line Period of Performance: 06/24/2027 - 06/23/2028

Unexercised Option 1

Previous : 1

Change: 11

Current : 12

MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1002 Opt Yr 1 - Warranty and Maintenance Services

Option Year 1 - Vendors will provide a monthly cost for warranty (if applicable) and maintenance services.

This line item is an option that the government reserves the right to exercise at time of award.

PSC: 1510

Line Period of Performance: 06/24/2027 - 06/23/2028

Unexercised Option 1

Previous : 1

Change: 11

Current : 12

MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1003 Opt Yr 1 - Aircraft Modifications

Option Year 1 - Aviation modifications that are required to meet the FBI's operational needs such as installation of avionics or a communications suite.

PSC: 1510

Line Period of Performance: 06/24/2027 - 06/23/2028

Unexercised Option 1

Previous : 1

Change: 0

Current : 1

EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2001 Opt Yr 2 - Lease-Purchase of Private Aircraft

Option Year 2 - Lease-Purchase of Private Aircraft that conforms to the attached Statement of Objectives (SOO) and Salient Characteristics.

Previous : 1

Change: 11

MO $________ $_________________

15F06725R0000335/0001 Page 5 of 15

PSC: 1510

Line Period of Performance: 06/24/2028 - 06/23/2029

Unexercised Option 2

Current : 12

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2002 Opt Yr 2 - Warranty and Maintenance Services

Option Year 2 - Vendors will provide a monthly cost for warranty (if applicable) and maintenance services.

This line item is an option that the government reserves the right to exercise at time of award.

PSC: 1510

Line Period of Performance: 06/24/2028 - 06/23/2029

Unexercised Option 2

Previous : 1

Change: 11

Current : 12

MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2003 Opt Yr 2 - Aircraft Modifications

Option Year 2 - Aviation modifications that are required to meet the FBI's operational needs such as installation of avionics or a communications suite.

PSC: 1510

Line Period of Performance: 06/24/2028 - 06/23/2029

Unexercised Option 2

Previous : 1

Change: 0

Current : 1

EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3001 Opt Yr 3 - Lease-Purchase of Private Aircraft

Option Year 3 - Lease-Purchase of Private Aircraft that conforms to the attached Statement of Objectives (SOO) and Salient Characteristics.

PSC: 1510

Line Period of Performance: 06/24/2029 - 06/23/2030

Unexercised Option 3

Previous : 1

Change: 11

Current : 12

MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3002 Opt Yr 3 - Warranty and Maintenance Services

Option Year 3 - Vendors will provide a monthly cost for warranty (if applicable) and maintenance services.

This line item is an option that the government reserves the right to exercise at time of award.

PSC: 1510

Line Period of Performance: 06/24/2029 - 06/23/2030

Unexercised Option 3

Previous : 1

Change: 11

Current : 12

MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3003 Opt Yr 3 - Aircraft Modifications

Option Year 3 - Aviation modifications that are required to meet the FBI's operational needs such as installation of avionics or a communications suite.

PSC: 1510

Line Period of Performance: 06/24/2029 - 06/23/2030

Unexercised Option 3

Previous : 1

Change: 0

Current : 1

EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4001 Opt Yr 4 - Lease-Purchase of Private Aircraft Previous : 1

Change: 11

MO $________ $_________________

15F06725R0000335/0001 Page 6 of 15

Option Year 4 - Lease-Purchase of Private Aircraft that conforms to the attached Statement of Objectives (SOO) and Salient Characteristics.

PSC: 1510

Line Period of Performance: 06/24/2030 - 06/23/2031

Unexercised Option 4

Current : 12

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4002 Opt Yr 4 - Warranty and Maintenance Services

Option Year 4 - Vendors will provide a monthly cost for warranty (if applicable) and maintenance services.

This line item is an option that the government reserves the right to exercise at time of award.

PSC: 1510

Line Period of Performance: 06/24/2030 - 06/23/2031

Unexercised Option 4

Previous : 1

Change: 11

Current : 12

MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4003 Opt Yr 4 - Aircraft Modifications

Option Year 4 - Aviation modifications that are required to meet the FBI's operational needs such as installation of avionics or a communications suite.

PSC: 1510

Line Period of Performance: 06/24/2030 - 06/23/2031

Unexercised Option 4

Previous : 1

Change: 0

Current : 1

EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4004 Opt Yr 4 - Aircraft Buy Out

Final buy out payment for aircraft and title transfer.

PSC: 1510

Line Period of Performance: 06/24/2030 - 06/23/2031

Unexercised Option 4

Previous : 1

Change: 0

Current : 1

EA $________ $_________________

Clauses By Full Text

B.1 SUPPLIES OR SERVICES

This is a Firm Fixed Price (FFP) contract for the lease-purchase of one (1) Ultra-Long Range Private Aircraft under a lease-purchase arrangement, in accordance with FAR Parts 12, 15, and 32. The Government shall take full operational control and responsibility for the aircraft upon delivery and will make periodic payments over the lease term. The transfer of title will take place upon final payment of the residual value. Any associated fees related to the title transfer must be included in the pricing and will not be considered for additional entitlement after the award

All terms and conditions of this contract shall conform to commercial acquisition standards, with the Government assuming risk of ownership and operation from the date of aircraft acceptance.

B.2 LEASE-PURCHASE STRUCTURE

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The Government shall make structured, periodic payments consistent with capital lease accounting over a period of 60 months. Payments shall be applied toward the total firm fixed price of the aircraft. The Government shall assume operational control and all associated operating costs upon delivery.

Upon completion of all required payments, the aircraft title shall transfer to the Government after payment of the residual value.

B.3 PAYMENT TERMS

1. This contract is Firm Fixed Price.

2. The payment terms, to include monthly installment and purchase structure, will be determined at the time of contract award.

3. The final payment of the residual value shall be made at the time of title transfer. No additional payments will be required for the transfer of ownership beyond the final payment of the residual value.

B.4 PERIODS OF PERFORMANCE (POPS)

Explanation of Different Periods of Performance (POPs) for the RFP

1. Initial Lease Period (Pre-Delivery/Transition-in Period) – 9/15/2025 to 6/23/2026:

This period covers the time from the contract award to the date the aircraft is delivered and becomes operational. Although the aircraft is being procured, it will not be available for use during this time. The government will be preparing for the aircraft's delivery, coordinating with the contractor on any required pre-delivery conditions, conducting inspections, and managing any administrative or logistical requirements. This phase does not include operational control of the aircraft but ensures that preparations are made for an efficient transition once the aircraft is ready for service.

2. Operational Lease-Purchase Period (Post-Delivery) – 6/24/2026 to 6/23/2031:

This period marks the start of the aircraft’s operational lease, during which the government assumes control over the aircraft. The aircraft will be delivered, and the government will begin using it for its intended purposes, such as transportation for DOJ personnel and sensitive missions. The government will make lease payments that may eventually lead to ownership of the aircraft. Typically, this period includes monthly payments and any associated costs to exercise the option to purchase.

Section C - Description/Specifications/Statement of Work

No Clauses

Section D - Packaging and Marking

Section E - Inspection and Acceptance

15F06725R0000335/0001 Page 8 of 15

Section F - Deliveries and Performance

No Clauses

Section G - Contract Administration Data

No Clauses

Section H - Special Contract Requirements

No Clauses

Section I - Contract Clauses

No Clauses

Section J - List of Attachments

No Clauses

No Attachments

Section K - Representations, Certifications and Other Statements of Offerors

Provisions By Full Text

Section K - Representations, Certifications and Other Statements of Offerors

To comply with section K of this RFP all Offerors are required to submit with Volume 4 attachment J-4 Representations and Certifications Validation.

52.204-8 Annual Representations and Certifications (May 2024)

15F06725R0000335/0001 Page 9 of 15

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 336411 [insert NAICS code].

(2) The small business size standard is 1500 [insert size standard].

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--

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

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

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

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

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

__ (i) Paragraph (d) applies.

X (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless--

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

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

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

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

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

(B) Exceed the simplified acquisition threshold; and

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

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

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(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

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

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

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the 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).

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

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

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

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the 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).

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

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of biobased products in USDA-designated product categories; or include the clause at 52.223-2, Reporting of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation. This provision applies to solicitations that include the clause at 52.204-7.

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates II and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more but is less than $100,000, the provision with its Alternate II applies.

(C) If the acquisition value is $100,000 or more but is less than $102,280, the provision with its Alternate III applies.

15F06725R0000335/0001 Page 11 of 15

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran- Representation and Certifications. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

__ (i) 52.204-17, Ownership or Control of Offeror.

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

__ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

__ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Certification.

__ (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services- Certification.

__ (vi) 52.227-6, Royalty Information.

__ (A) Basic.

__ (B) Alternate I.

__ (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

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

FAR Clause # Title Date Change

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

(End of provision)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the

15F06725R0000335/0001 Page 12 of 15 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 and Commercial Services.

The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v) (2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision--

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

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

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

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

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

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

(d) Representations. The Offeror represents that--

(1) It __ will, __ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)

(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It __ does, __ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

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

(i) For covered equipment--

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

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

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

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

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

52.209-7 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.

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"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)

52.209-12 Certification Regarding Tax Matters (Oct 2020)

(a) This provision implements section 523 of Division B of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts.

(b) If the Offeror is proposing a total contract price that will exceed $5.5 million (including options), the Offeror shall certify that, to the best of its knowledge and belief, it--

(1) Has __ filed all Federal tax returns required during the three years preceding the certification;

(2) Has not __ been convicted of a criminal offense under the Internal Revenue Code of 1986; and

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(3) Has not __, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.

(End of provision)

Section L - Instructions, Conditions and Notices to Offerors

No Clauses

Section M - Evaluation Factors for Award