2.2.1 COMBINED SYNOPSIS-SOLICITATION DR 4860 KY.pdf

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

REQUEST FOR QUOTE (RFQ) – DIRECT LEASE – STATE OF KENTUCKY

70FBR426Q00000002

INTRODUCTION:

The Department of Homeland Security (DHS) Federal Emergency Management Agency (FEMA) has a requirement for Direct Lease Contractors/Property Managers (PM) and/or Property Owners (PO). This requirement is a set-aside for Small Business Entities as represented by their FAR and DFARS (Reps and Certs) certification in SAM.gov. The FEMA Direct Lease Program is a housing assistance program to lease furnished turnkey existing rental properties for the purpose of providing temporary housing to eligible applicants who are displaced due to the Severe Storms, Straight-line Winds, Flooding, Landslides, and Mudslides in the state of Kentucky, and any future Presidentially Declared disasters, including all declared counties eligible for Direct Housing assistance, occurring within the period of performance of this Blanket Purchase Agreement (BPA). Note: the term Contractor will be used to refer to Contractor/Property Managers/Property Owners hereafter.

DESCRIPTION:

This is a combined/synopsis solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6 “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemental with additional information included in this notice, and FAR Part 13. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation will not be issued.”

As a result of this combined synopsis/solicitation, the Government intends on awarding one or more Blanket Purchase Agreements (BPA) in accordance with the Federal Acquisition Regulation (FAR) 13.303-1 and referenced Statement of Work (SOW). The North American Industrial Classification System (NAICS) code is 531110, entitled Lessors of Residential Buildings and Dwellings. The small business size standard is $34.0 million. Property Management companies that offer multiple acceptable units in accordance with the SOW may receive a BPA for one or more units. All units will be considered per the SOW to match applicants with requirements. The Contractor shall identify potential direct lease properties that are under their management.

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-07 (8/29/2024).

• NAICS Code: 531110 Lessors of Residential Buildings and Dwellings

• Set Aside: Small Business

Award will be made to the responsive, responsible Contractor(s) who provides the Best Value to the Government. Quotes are to be evaluated according to the following criteria for Best Value based on the following evaluation factors listed in descending order of importance: Technical, Past Performance and Price. Technical and Past Performance, when combined are approximately equal to cost/price.

In accordance with FAR Part 13.303-1 the Blanket Purchase Agreement will be established for six (6) months with an option of six (6) months, to anticipate need for future declarations within the State of Kentucky. The government reserves the right to exercise/not exercise the option based on need or the availability of funding.

This agreement is offered for the purchase of contract services as identified in the Statement of Work located in Breathitt, Clay, Estill, Floyd, Harlan, Johnson, Knott, Lee, Leslie, Letcher, Martin, Owsley, Perry, Pike, and any future Presidentially Declared disasters including all declared counties eligible for Direct Housing assistance, occurring within the period of performance of this Blanket Purchase Agreement (BPA).

Calls/Orders under each BPA will be issued on a firm-fixed-price basis. The Government is obligated only to the extent of authorized Call Orders awarded against resulting BPAs and shall not be liable in any manner in the event no Call Order(s) are awarded. Funding shall be provided at the Call Order level. The Government cannot at this time determine a dollar limitation for each individual purchase under the BPA.

A kickoff meeting will take place within five (5) business days of award.

Contractors must be registered in SAM.gov for all awards by the due date of the solicitation – October 28, 2025, with an active status and Unique Entity Identifier (UEI) number.

RFQ SUBMISSION INSTRUCTIONS: (Contractors are encouraged to read all documentation.)

Contractor shall submit their Quote according to the instructions below:

All interested Contractors shall provide quotes as described in the Statement of Work (SOW) and Pricing CLIN Structure Template.

• RFQ Submission Title (included as the subject line of the email): FEMA Direct Lease – State of Kentucky - 70FBR426Q00000002.

• Method of Submission: All quotes must be submitted directly via electronic email only to FEMA-DirectLeaseKY70FBR426Q00000002@fema.dhs.gov.

• RFQ submission due date: October 28, 2025 – not later than 12:00PM ET.

• Late submissions will not be accepted. Contractor technical electronic submission problems are not the responsibility of FEMA.

• RFQ Questions and Answers (Q&A) Period: October 14 - 20, 2025 ending @4:00 PM ET.

Contractors shall submit questions not later than October 14 - 20, 2025, ending @4:00 PM ET.

Please email your questions to: FEMA-DirectLeaseKY70FBR426Q00000002@fema.dhs.gov.

• Contractors shall include in their submission, a completed and signed Attachment 1 (Direct Lease Property Tracking Sheet).

• Contractors shall include in their submission, a completed and signed Attachment 9 (Pricing CLIN Structure Spreadsheet). The total estimated price shall reflect a reasonable mix type of unit categories as describe in the Statement of Work (SOW) and Pricing CLIN Structure Spreadsheet.

• Contractors shall include a copy of their FAR and DFARS (Reps and Certs) certification as shown in SAM.gov.

Any incomplete or missing Contractor submission documentation will deem the Contractor to be determined as non-responsive and will not be considered for award.

Contractor shall research and identify potential direct lease properties that are not further than 60- minutes from the damaged dwelling and that do not place an undue hardship centrally located to counties of Breathitt, Clay, Estill, Floyd, Harlan, Johnson, Knott, Lee, Leslie, Letcher, Martin, Owsley, Perry, Pike, and any future Presidentially Declared disasters, within reasonable commuting distance to the above counties in the State of Kentucky. This should include existing residential properties advertised for lease (e.g., corporate apartments, vacation rentals, and second homes), vacant residential properties that are listed for sale (single family and multiple occupancy), and bank owned properties (e.g. foreclosures) or any other type of residential property that meets the criteria of a Direct Lease property as identified in this Statement of Work.

Provisions at 52.212-2 Evaluation- Commercial Items

Evaluation Criteria and Basis for Award The Government intends on awarding multiple Blanket Purchase Agreements as a result of this solicitation. The following technical factors will be used to evaluate offers in the following order:

The Government intends to evaluate offers and award multiple Blanket Purchase Agreements without discussions. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint meeting the requirements outlined in the Statement of Work. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest priced offer; and waive informalities and minor irregularities in offers received. The Government reserves the right to award a mix of BPAs to local offerors, small businesses and offerors outside of the local disaster area if the Government deems it beneficial to accomplish this requirement.

The Government reserves the right to award to offerors outside of the local disaster area if local offerors cannot conform to the requirements of this solicitation.

Technical Evaluation Selection Criteria: Best Value Award will be made to the responsive, responsible Contractor(s) who provide the Best Value to the Government. Each offer will be evaluated according to the following criteria for Best Value based using the following factors listed in descending order of importance: Technical, Past Performance and Cost/Price. Technical and Past Performance, when combined are approximately equal to Cost/Price.

Factor 1: Technical Approach The Government will assess its level of confidence that the Contractor can successfully perform the requirements of the solicitation based on the offer submitted by the Contractor addressing the technical factors outlined in the Statement of Work (SOW) and applicable Request for Quote (RFQ) attachments.

(Location, number of bedrooms, Access and Function Needs [AFN] requirements, pets or no pets, and other requirements as detailed in the SOW.)

The response shall address the following areas:

1. Narrative of how the Contractor proposes to fulfill, comply, and satisfy the unit requirements outlined in the SOW and applicable RFQ attachments. Unit requirements include but are not limited to:

a. Located within designated or surrounding counties;

b. Turn-key ready (to include all utilities);

c. Complete independent living facilities for one or more persons with provisions for living, sleeping, cooking, and sanitation;

d. Meet U.S. Department of Housing and Urban Development (HUD) Housing Quality standards (HQS) (see RFQ attachment 2);

e. Furnished (see RFQ attachment 10);

f. Located within proximity to public transportation and wrap-around services (schools, emergency services, hospitals, pharmacies, etc.)

2. Description of Contractor potential unit inventory in the designated counties as indicated in the SOW and solicitation including but not limited to: a. Address (including street, city, county);

b. Number of bedrooms;

c. Number of bathrooms;

d. Ability to modify for AFN;

e. Pet restrictions (including breed restrictions, security deposits and associated fe

3. Statement of agreement that FEMA will have exclusive use of the housing unit(s) and sole discretion to identify and select occupants during the term of the lease agreement, which will be approximately up to 18 months from the date of disaster declaration; agreement FEMA has the option to extend the lease if FEMA extends the period of assistance beyond the 18 months; and agreement FEMA will have the option of releasing the unit to the Contractor and ceasing monthly payments for the unit at any time by providing thirty (30) calendar day notice to the Contractor.

4. Statement of agreement allowing FEMA to make, at FEMA's expense, reasonable modifications, or improvements to the property to provide a reasonable accommodation for an eligible applicant with AFN.

5. Statement indicating whether the Contractor requires background checks on applicants.

a. If background checks are required, a timeline of the processing background check processing timeline.

6. Statement of agreement that credit checks will be waived in their entirety for all applicants occupying FEMA units.

7. Narrative of the Contractor’s equipment, personnel, tools, materials, transportation, servicing and supervision required to provide the level of Direct Lease services that may be required.

Technical Approach Rating DESCRIPTION

High Confidence The Government has high confidence that the Contractor understands the requirement, proposes a sound approach, and will be successful in performing the contract with little or no Government intervention.

Some Confidence The Government has some confidence that the Contractor understands the requirement, proposes a sound approach, and will be successful in performing the contract with some Government intervention.

Low Confidence The Government has low confidence that the Contractor understands the requirement, proposes a sound approach, or will be successful in performing the contract even with Government intervention.

Factor 2: Past Performance The Contractor will be evaluated on their past performance record. Past performance experiences shall be of contractual work that is similar to the requirements set forth in this solicitation and only include projects completed in the last three (3) years or currently in progress. Contracts listed may include those entered into by the Federal Government, agencies of the State and local governments, and commercial customers. Contracts with the parent or an affiliate of the Contractor may not be used. The following information shall be provided for each referenced contract:

a. Program Title / Name;

b. Description of the Project and Work Performed;

c. Role (Prime/Subcontractor);

d. Contract Number and, if applicable, Task Order Number;

e. Dollar Value and Type of Contract;

f. Government Agency/Client;

g. Period of Performance;

h. Status (e.g., completed and /or if in progress, start and estimated completion dates).

The Government will consider the aforementioned information, as well as information obtained from any other sources, when evaluating the Contractor’s experience. The past performance evaluation will assess the Contractor’s record of recent and relevant work. In this case, recent and relevant is work within the last three (3) years for similar service.

The Government will not restrict its consideration to the information provided in the proposal and may consider any other available information available in Contractor Performance Assessment Reporting System (CPARS), Federal Awardee Performance and Integrity Information System (FAPIIS) and/or first-hand knowledge. Consideration may be given to: (1) Quality of services provided, (2) Cost control, (3) Schedule/timeliness, (4) Management, and (5) Business relations/Customer Service of the Contractor’s past performance. The Contractor will not be evaluated either favorably or unfavorably if it lacks relevant past performance however if the Government finds adverse past performance, the Contractor will not be considered for award.

Past Performance Rating DESCRIPTION High Confidence The Government has high confidence that the

Contractor will be successful in performing the contract with little or no Government intervention.

Some Confidence The Government has some confidence that the Contractor will be successful in performing the contract with some Government intervention.

Low Confidence The Government has low confidence that the Contractor will be successful in performing the contract even with Government intervention.

Neutral No relevant performance record is available, or the Contractor’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.

Factor 3: Cost/Price The Contractor’s proposed pricing will be evaluated by ensuring proposed rates are fair and reasonable.

Price evaluation will also be based on the HUD Fair Market Rent (FMR) rates (see RFQ attachment 8) within a reasonable variance. Additionally, applicable management, maintenance, utilities fees, and set-up costs will be evaluated in determining a fair and reasonable price.

The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. To account for the option periods possible under FAR 52.217-8 (maximum of six months), Options to Extend Services, the Government will evaluate the option to extend services by adding six months of the Contractor's final option period price to the Contractor's total price.

This amount will be the total evaluated price. The Government may choose to exercise the Option to Extend Services at the end of any performance period (base or option periods). Prices for the base and option periods, including the 6-month option available under FAR 52.217-8, will be evaluated to ensure that they are fair and reasonable for performance of the requirements established in the solicitation and as proposed in the technical submission. The price for the effort associated with FAR 52.217-8 will not be included in the total awarded value at contract award. If, at the end of the contract's/order's period of performance (the end of the base period or any option period) and within the time period established in the clause, the Government chooses to exercise this option, the pricing will be pursuant to the rates specified in the contract for the preceding performance period.

Questions: Contractors shall submit questions not later than October 14 - 20, 2025, ending @4:00 PM ET. Please email your questions to:

FEMA-DirectLeaseKY70FBR426Q00000002@fema.dhs.gov.

Terms and Conditions

FAR 52.217-6 Option for Increased Quantity (Mar 1989) The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within 10 days. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

(End of clause)

FAR 52.217-7 Option for Increased Quantity-Separately Priced Line Item (Mar 1989) The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 10 days. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause)

FAR 52.217-8 Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 10 days. (End of clause)

FAR 52.217-9 Option to Extend the Term of The Contract (MAR 2000) The Government may extend the term of this contract by written notice to the Contractor within 10 days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 10days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 12 months. (End of clause)

Notice #1: System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications— Commercial Products and Commercial Services.

Additional examples include 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services, and 52.213-4, Terms and Conditions— Simplified Acquisitions (Other Than Commercial Products and Commercial Services).

Contracting officers will not consider the following representations when making award decisions or enforce requirements:

• Paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services;

• Paragraphs (b)(33), (b)(34), (e)(1)(ix), and (e)(1)(x) of 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services;

• Paragraphs (e)(1)(ii)(I) and (e)(1)(ii)(J) of Alternate II of 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services;

and

• Paragraphs (a)(1)(vii) and (a)(1)(viii) of 52.213-4, Terms and Conditions— Simplified Acquisitions (Other Than Commercial Products and Commercial Services).

Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.”

Notice #2: “Contractor acknowledges that this order shall conform to DHS FAR Class Deviation 25-01, dated February 21, 2025, implementing Executive Orders 14173 and 14168.”

Contracting Officers shall also include the following notice and refrain from considering the representations listed in the notice: “System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations, including 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals— Representation, and paragraph (t) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Components shall not consider or use these representations.

Contracting officers will not consider the following representations when making award decisions or enforce requirements:

• Paragraph (d) and (t) of 52.212-3, Offeror Representations and Certifications— • Commercial Products and Commercial Services;

• Paragraphs (b)(33), (b)(34), (e)(1)(ix), and (e)(1)(x) of 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services.

Additionally, per this deviation, in paragraph (b)(46), E.O. 14057 does not apply;

• Paragraphs (e)(1)(ii)(I) and (e)(1)(ii)(J) of Alternate II of 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—

• Commercial Products and Commercial Services; and Paragraphs (a)(1)(vii) and (a) (1)(viii) of 52.213-4, Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services). Additionally, per this deviation, in paragraph (b)(1)(xvii), E.O. 14057 does not apply.

Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.”

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

52.212-1 Instructions to Offerors - Commercial Products and Commercial Services. (NOV 2021)

The Government intends on awarding multiple Blanket Purchase Agreements as a result of this solicitation. The following technical factors will be used to evaluate offers in the following order:

The Government intends to evaluate offers and award multiple Blanket Purchase Agreements without discussions.

Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint meeting the requirements outlined in the Statement of Work. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest priced offer; and waive informalities and minor irregularities in offers received.

The Government reserves the right to award a mix of BPAs to local offerors, small businesses and offerors outside of the local disaster area if the Government deems it beneficial to accomplish this requirement.

The Government reserves the right to award to offerors outside of the local disaster area if local offerors cannot conform to the requirements of this solicitation.

Technical Evaluation Selection Criteria: Best Value Award will be made to the responsive, responsible Contractor(s) who provide the Best Value to the Government.

Each offer will be evaluated according to the following criteria for Best Value based using the following factors listed in descending order of importance: Technical, Past Performance and Cost/Price. Technical and Past Performance, when combined are approximately equal to Cost/Price.

Factor 1: Technical Approach The Government will assess its level of confidence that the Contractor can successfully perform the requirements of the solicitation based on the offer submitted by the Contractor addressing the technical factors outlined in the Statement of Work (SOW) and applicable Request for Quote (RFQ) attachments. (Location, number of bedrooms, Access and Function Needs [AFN] requirements, pets or no pets, and other requirements as detailed in the SOW.)

The response shall address the following areas:

1. Narrative of how the Contractor proposes to fulfill, comply, and satisfy the unit requirements outlined in the SOW and applicable RFQ attachments. Unit requirements include but are not limited to:

a. Located within designated or surrounding counties;

b. Turn-key ready (to include all utilities);

c. Complete independent living facilities for one or more persons with provisions for living, sleeping, cooking, and sanitation;

d. Meet U.S. Department of Housing and Urban Development (HUD) Housing Quality standards (HQS) (see RFQ attachment 2);

e. Furnished (see RFQ attachment 10);

f. Located within proximity to public transportation and wrap-around services (schools, emergency services, hospitals, pharmacies, etc.)

2. Description of Contractor potential unit inventory in the designated counties as indicated in the SOW and solicitation including but not limited to: a. Address (including street, city, county);

b. Number of bedrooms;

c. Number of bathrooms;

d. Ability to modify for AFN;

e. Pet restrictions (including breed restrictions, security deposits and associated fe

3. Statement of agreement that FEMA will have exclusive use of the housing unit(s) and sole discretion to identify and select occupants during the term of the lease agreement, which will be approximately up to 18 months from the date of disaster declaration; agreement FEMA has the option to extend the lease if FEMA extends the period of assistance beyond the 18 months; and agreement FEMA will have the option of releasing the unit to the Contractor and ceasing monthly payments for the unit at any time by providing thirty (30) calendar day notice to the Contractor.

4. Statement of agreement allowing FEMA to make, at FEMA's expense, reasonable modifications, or improvements to the property to provide a reasonable accommodation for an eligible applicant with AFN.

5. Statement indicating whether the Contractor requires background checks on applicants.

a. If background checks are required, a timeline of the processing background check processing timeline.

6. Statement of agreement that credit checks will be waived in their entirety for all applicants occupying FEMA units.

7. Narrative of the Contractor’s equipment, personnel, tools, materials, transportation, servicing and supervision required to provide the level of Direct Lease services that may be required.

Technical Approach Rating

DESCRIPTION

High Confidence The Government has high confidence that the Contractor understands the requirement, proposes a sound approach, and will be successful in performing the contract with little or no Government intervention.

Some Confidence The Government has some confidence that the Contractor understands the requirement, proposes a sound approach, and will be successful in performing the contract with some Government intervention.

Low Confidence The Government has low confidence that the Contractor understands the requirement, proposes a sound approach, or will be successful in performing the contract even with Government intervention.

Factor 2: Past Performance The Contractor will be evaluated on their past performance record. Past performance experiences shall be of contractual work that is similar to the requirements set forth in this solicitation and only include projects completed in the last three (3) years or currently in progress. Contracts listed may include those entered into by the Federal Government, agencies of the State and local governments, and commercial customers. Contracts with the parent or an affiliate of the Contractor may not be used. The following information shall be provided for each referenced contract:

a. Program Title / Name;

b. Description of the Project and Work Performed;

c. Role (Prime/Subcontractor);

d. Contract Number and, if applicable, Task Order Number;

e. Dollar Value and Type of Contract;

f. Government Agency/Client;

g. Period of Performance;

h. Status (e.g., completed and /or if in progress, start and estimated completion dates).

The Government will consider the aforementioned information, as well as information obtained from any other sources, when evaluating the Contractor’s experience. The past performance evaluation will assess the Contractor’s record of recent and relevant work. In this case, recent and relevant is work within the last three (3) years for similar service.

The Government will not restrict its consideration to the information provided in the proposal and may consider any other available information available in Contractor Performance Assessment Reporting System (CPARS), Federal Awardee Performance and Integrity Information System (FAPIIS) and/or first-hand knowledge. Consideration may be given to: (1) Quality of services provided, (2) Cost control, (3) Schedule/timeliness, (4) Management, and (5) Business relations/Customer Service of the Contractor’s past performance. The Contractor will not be evaluated either favorably or unfavorably if it lacks relevant past performance however if the Government finds adverse past performance, the Contractor will not be considered for award.

Past Performance Rating DESCRIPTION High Confidence The Government has high confidence that the Contractor will be successful in performing the contract with little or no Government intervention.

Some Confidence The Government has some confidence that the Contractor will be successful in performing the contract with some Government intervention.

Low Confidence The Government has low confidence that the Contractor will be successful in performing the contract even with Government intervention.

Neutral No relevant performance record is available, or the Contractor’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.

Factor 3: Cost/Price The Contractor’s proposed pricing will be evaluated by ensuring proposed rates are fair and reasonable. Price evaluation will also be based on the HUD Fair Market Rent (FMR) rates (see RFQ attachment 8) within a reasonable variance. Additionally, applicable management, maintenance, utilities fees, and set-up costs will be evaluated in determining a fair and reasonable price.

The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. To account for the option periods possible under FAR 52.217-8 (maximum of six months), Options to Extend Services, the Government will evaluate the option to extend services by adding six months of the Contractor's final option period price to the Contractor's total price. This amount will be the total evaluated price. The Government may choose to exercise the Option to Extend Services at the end of any performance period (base or option periods). Prices for the base and option periods, including the 6-month option available under FAR 52.217-8, will be evaluated to ensure that they are fair and reasonable for performance of the requirements established in the solicitation and as proposed in the technical submission. The price for the effort associated with FAR 52.217-8 will not be included in the total awarded value at contract award. If, at the end of the contract's/order's period of performance (the end of the base period or any option period) and within the time period established in the clause, the Government chooses to exercise this option, the pricing will be pursuant to the rates specified in the contract for the preceding performance period.

(End of provision)

52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services. (MAY 2024) 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-http://www.sam.gov/

(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-

(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-

(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 at 13 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 CFR 124.104(c)(2); and

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

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 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 least 51 percent of the stock of which is owned by one or more women; and

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

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and 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.]

(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 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) Representations required to implement provisions of Executive Order 11246-

(1) Previous contracts and compliance. The offeror represents that-

(i) It has, has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation;

and

(ii) It has, has not filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that-

(i) It has developed and has on file, has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 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…