36C10D26Q0145.docx

36C10D26Q0145

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

VA

F36B310-26-0000008 36C10D26Q0145 07-29-2026 Thomas Landers 802-698-2746 08-18-2026 10:00

EDT

00101 Department of Veterans Affairs Veterans Benefits Administration Acquisition Directorate 1800 G Street NW Washington DC 20006 X X 561611 $25 Million N/A X 00310 Department of Veterans Affairs Veterans Benefits Administration Insurance Service and Operations Center 5000 Wissahickon Ave.

Philadelphia PA 19144 00101 Department of Veterans Affairs Veterans Benefits Administration Acquisition Directorate 1800 G Street NW Washington DC 20006

All invoices must be submitted via Tungsten.

See Section B.2 for instructions.

See CONTINUATION Page Contractor to provide Beneficiary Locator Services in accordance with the Performance Work Statement.

Period of Performance:

Base: 09/05/2026 - 03/04/2027 Option 1: 03/05/2027 - 03/04/2028 Option 2: 03/05/2028 - 03/04/2029 Option 3: 03/05/2029 - 03/04/2030 Option 4: 03/05/2030 - 03/04/2031 All quotes shall be submitted to thomas.landers@va.gov no later than 08/18/2026 at 10:00AM EST.

See Page 14 for Quote Submission Instructions.

All questions pertaining to this solicitation shall be submitted via email to thomas.landers@va.gov no later than 08/03/2026 at 10:00AM EST.

Wage Determination to be determined at time of award.

This requirement is a Total Small Business Set-Aside. SDVOSB and VOSB Evaluation Factors are included.

See CONTINUATION Page x X x Marty Bost

VA-VBA-2023-0038

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C10D Department of Veterans Affairs Veterans Benefits Administration Acquisition Directorate 1800 G Street NW Washington DC 20006

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 INVOICING INSTRUCTIONS

General invoicing instructions are included here.

Payment provided under the terms of this contract will be made upon delivery and acceptance in arrears for all services rendered and/or deliverables submitted and approved by the VA.

GOVERNMENT INVOICE ADDRESS:

TUNGSTEN (OB10) ELECTRONIC INVOICE SUBMISSION

FSC e-INVOICE PROGRAM THROUGH AUSTIN PORTAL

FSC MANDATORY ELECTRONIC INVOICE SUBMISSION FOR AUSTIN PAYMENTS

Please include the Contract Number in all invoices.

All invoices must be submitted using the same line-item format in the contract or order.

Invoices which do not match the CLIN structure/Unit Prices in the contract will be rejected.

Vendor Electronic Invoice Submission Methods:

Fax, email and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted data transmissions below.

VA’s Electronic Invoice Presentment and Payment System – The Financial Services Center (FSC) in Austin, TX uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI). The X12 EDI Web site is http://www.x12.org.

Vendor e-Invoice Set-up Information:

Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center in Austin, TX for payment processing. If you have questions about the payment status of a properly submitted invoice, the e-invoicing program, or Tungsten, please contact the FSC at the phone number or email address listed below.

Tungsten e-Invoice setup information: 1-877-489-6135 Tungsten e-Invoice email: VA.Registration@tungsten-network.com VA TUNGSTEN Number: AAA544240062 FSC e-Invoice contact information: 1-877-353-9791 FSC e-Invoice email: vafsccshd@va.gov FSC Internet: http://www.fsc.va.gov/einvoice.asp

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Designated Beneficiary Locator and Outreach Contract Period: Base POP Begin: 09-05-2026 POP End: 03-04-2027 PRINCIPAL NAICS CODE: 561611 - Investigation and Personal Background Check Services PRODUCT/SERVICE CODE: R699 - Support - Administrative: Other

Alternate Beneficiary Locator and Outreach

POP Begin: 09-05-2026 POP End: 03-04-2027

Administration

POP Begin: 09-05-2026 POP End: 03-04-2027

Claim Form Submission

POP Begin: 09-05-2026 POP End: 03-04-2027

Designated Beneficiary Locator and Outreach Contract Period: Option 1 POP Begin: 03-05-2027 POP End: 03-04-2028

Alternate Beneficiary Locator and Outreach

POP Begin: 03-05-2027 POP End: 03-04-2028

Administration

POP Begin: 03-05-2027 POP End: 03-04-2028

Claim Form Submission

POP Begin: 03-05-2027 POP End: 03-04-2028

Designated Beneficiary Locator and Outreach Contract Period: Option 2 POP Begin: 03-05-2028 POP End: 03-04-2029

Alternate Beneficiary Locator and Outreach

POP Begin: 03-05-2028 POP End: 03-04-2029

Administration

POP Begin: 03-05-2028 POP End: 03-04-2029

Claim Form Submission

POP Begin: 03-05-2028 POP End: 03-04-2029

Designated Beneficiary Locator and Outreach Contract Period: Option 3 POP Begin: 03-05-2029 POP End: 03-04-2030

Alternate Beneficiary Locator and Outreach

POP Begin: 03-05-2029 POP End: 03-04-2030

Administration

POP Begin: 03-05-2029 POP End: 03-04-2030

Claim Form Submission

POP Begin: 03-05-2029 POP End: 03-04-2030

Designated Beneficiary Locator and Outreach Contract Period: Option 4 POP Begin: 03-04-2030 POP End: 03-05-2031

Alternate Beneficiary Locator and Outreach

POP Begin: 03-04-2030 POP End: 03-05-2031

Administration

POP Begin: 03-04-2030 POP End: 03-05-2031

Claim Form Submission

POP Begin: 03-04-2030 POP End: 03-05-2031

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.1 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 30 days of expiration of the contract.

(End of Clause)

C.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days of expiration of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days 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 5 years.

(End of Clause)

C.3 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 Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

C.4 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 VAAR (48 CFR Chapter FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of Clause)

(End of Addendum to 52.212-4)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

See attached document: Performance Work Statement - BLS.

See attached document: LOS Certification.

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SECTION E - SOLICITATION PROVISIONS

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:

E.1 INSTRUCTIONS FOR QUOTE SUBMISSION

The Government intends to make an award in connection with this solicitation to the responsible vendor whose quote conforms to the solicitation requirements and will be most advantageous to the Government by representing the best value as defined by FAR 2.101.

Small Business Set-Aside This requirement is being solicited as a Total Small Business Set-Aside. Only quotes received from those vendors that are Small Business Concerns in accordance with the requirements of RFO 19 at the time of quote submission will be evaluated or considered.

Applicable NAICS: 561611 – Investigation and Personal Background Check Services Small Business Size Standard: $25 Million

SDVOSB/VOSB Evaluation Factor VAAR 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors (Jan2023) applies to this requirement. As such, credit will be granted in the evaluation of quoted prices for SBA-Certified Service-Disabled Veteran-Owned and Veteran-Owned Small Business concerns (SDVOSB and VOSB respectively) in the following amounts (rounded to the nearest cent):

· SDVOSB: 5% less than their quoted price

· VOSB: 3% less than their quoted price

Small Business entities proposing to use certified SDVOSB or VOSBs subcontractors will receive extra credit in the following amount:

· SDVOSB Subcontractor: 2% less than their quoted price

· VOSB Subcontractor: 1% less than their quoted price

Vendor quote must meet all requirements contained in VAAR 852.215-70 and 852.219-75 for SDVOSB/VOSB vendors and subcontractors in order to qualify for the above consideration.

All other acceptable Small Business quotes will be evaluated at their quoted price.

Questions Questions pertaining to this solicitation shall be submitted via e-mail to the Contracting Officer at thomas.landers@va.gov. Questions will only be accepted before the time and date identified in Block 20 of the SF1449 document.

Submission of Quotes All quotes shall be provided via email to the Contracting Officer at thomas.landers@va.gov and include the Solicitation Number (36C10D26Q0145) in the Subject Line.

All attachments shall be provided in Adobe Portable Document Format (.pdf) or Microsoft Excel Open XML Spreadsheet (.xlsx) format.

Quotes must be submitted no later than the time and date specified in Block 8 on Page 1 of the solicitation.

The government retains the right to accept quotes, or modifications to previously received quotes, after the date and time specified when the Contracting Officer determines that doing so is in the best interests of the Government.

Period of Acceptance The vendor agrees that their quote will remain valid for a period of 45 days from the solicitation closing date.

Quote Acceptability Quotes which fail to comply with all instructions within this solicitation will not be considered. Quotes received from vendors who do not hold current and active registration in the System for Award Management for All Awards at the time of submission will not be evaluated.

Vendors whose registration lapses prior to award will be removed from consideration for award.

Quotes submitted by vendors determined to be Non-Responsible in accordance with the criteria provided in FAR 9.104 will not be considered for award, regardless of evaluation results.

Quote Content Vendor quotes shall consist of two volumes. Each Volume shall contain a cover page that clearly identifies the Solicitation Number, Vendor Name, SAM Unique Entity ID, CAGE Code.

Volume I: Price Quote Section I: Solicitation Documents

1. Cover page that clearly identifies the Solicitation Number, Vendor Name, SAM Unique Entity ID, CAGE Code.

2. Standard Form 1449, Solicitation/Contract/Order for Commercial Items

· With Blocks 17a-b and 30a-c completed by the vendor and signed by an authorized representative of the company.

3. Standard Form 30, Amendment of Solicitation, if amendments have been issued

· With blocks 8 and 15a-c completed by an authorized representative of the company.

4. Representations and Certifications

· All Representations and Certifications shall be completed electronically in the System for Award Management (SAM) http://www.sam.gov

· VAAR 852.219-75 Certificate of Compliance for Services and Construction (See Section D) must be included if vendor is seeking consideration under VAAR 852.215-70 as described in the above instructions “SDVOSB/VOSB Evaluation Factor” Section II: Price/Cost Schedule

1. Prices will be listed in the corresponding places for Contract Line Items 0001 – 4001 in the Price Schedule. Vendor will provide Unit Price and Total Amount for all CLINs in the Price Schedule, as well as the Grand Total for all CLINs.

· Pricing shall be fully burdened and represented in two decimal places only. Please verify that all calculations are correct before submission.

· Quotes provided should represent the vendor’s best and final pricing, and any provided discounts should be clearly noted.

Volume II: Technical Quote Section I: Technical Ability

1. Vendor shall provide adequate information that clearly demonstrates their technical ability to meet the requirements of the solicitation. This may include but is not limited to such items as a capability statement, resume/curriculum vitae (CV) for proposed key personnel, qualifications, licenses, or certifications which are relevant to performance of the requirements outlined in the Performance Work Statement/Statement of Work.

2. List any specific items that must be addressed or documents that must be included as part of their quote (See PWS Section 5 comments) Section II: Past Performance

1. Past performance information is one indicator of a quoter’s ability to successfully perform the contract. The recency and relevance of the information, source of the information, context of the data, and general trends in contractor performance shall be considered. The Government may make use of past performance information received from other sources including but not limited to the Contractor Performance Assessment Reporting System (CPARS)/ Federal Awardee Performance and Integrity Information System (FAPIIS) to evaluate past performance.

· Vendors with no Past Performance shall be evaluated as “Neutral”.

2. Vendor shall provide one relevant and recent contract where it performed as either the prime contractor or subcontractor in providing services of the nature outlined in this solicitation. Recency is defined as either a currently ongoing contract, or a contract completed within the previous 36 months.

· Vendor shall provide a customer point-of-contact with phone number and email address for the contracts submitted, as well as adequate information by which to identify the contract (ie. Contract Number, Description, Location of performance, Period of Performance).

Quote Evaluation Quotes will be evaluated for completeness and adherence to the solicitation requirements. Award will be based on an analysis of the following factors:

· Technical Ability

· Understanding of the Requirements

· Project Management Approach

· Staffing, Expertise & Key Personnel Experience

· Past Performance

· Price

Technical Ability and Past Performance , when combined, are

· Approximately equal to cost or price

The Government may perform a comparative evaluation (comparing offers to each other) to select the contractor that is best suited and provides the best value, considering the evaluation factors in this solicitation.

Technical Evaluation

1. Technical Approach & Understanding of the Requirements The Government will evaluate the extent to which the offeror’s technical approach demonstrates a clear, comprehensive, and feasible plan for meeting all requirements of the PWS.

The Government will assess how well the proposal:

· Demonstrates a clear, accurate understanding of all PWS requirements, including:

· Electronic Address Search

· Death Determination

· Claims Outreach

· In-Depth Expert/Genealogy Search

· Reporting on Updated Information and Results

· Provides a well-defined workflow for processing both:

· Designated Beneficiary Locator & Outreach cases

· Alternate Beneficiary Locator & Outreach cases

· Describes the tools, databases, research methods, and verification techniques that will be used to locate beneficiaries accurately and efficiently.

· Addresses processes to ensure accuracy and timeliness consistent with the performance metrics in the PWS.

2. Project Management Approach The Government will assess the offeror’s ability to effectively manage the project through a detailed and compliant Contractor Project Management Plan (CPMP).

· Identifies milestones, risks, mitigation strategies, and reporting mechanisms.

· Demonstrates the ability to maintain the required 51% or greater prime contractor work share.

· Provides a structured plan for monthly progress reporting, including documentation methods, outreach logs, and reporting accuracy.

· Demonstrates capacity for timely issue resolution and consistent communication with VA stakeholders.

3. Staffing, Expertise & Key Personnel Qualifications The Government will evaluate the qualifications, experience, and suitability of the offeror’s staff and key personnel.

· Experience in beneficiary research, public records analysis, genealogy/next-of-kin research.

· Compliance with all PWS background investigation requirements.

· A comprehensive training plan covering cybersecurity, privacy, HIPAA, Rules of Behavior

· Evidence that staffing levels are sufficient to meet required case volumes.

4. Past Performance The Government will evaluate the offeror’s past performance to determine the extent to which the offeror has successfully executed work of similar size, scope, and complexity.

Specific examples of past performance, including clear descriptions of the work performed and outcomes achieved are required. Government and commercial sources will be accepted.

The evaluation will consider:

· Relevancy and recency of prior contracts comparable to the Beneficiary Locator Services requirements.

· Documented success in meeting timeliness, accuracy, completeness, and quality requirements.

· Evidence of consistent, reliable performance.

· Customer satisfaction indicators or other performance documentation showing strong historical execution.

· Quantity and complexity of past contracts performed, demonstrating the offeror’s experience in similar work.

· Success rates from prior efforts, such as completion rates, accuracy percentages, timeliness metrics, or other validated performance indicators that reflect reliable execution.

· Vendor’s ability to be determined “Responsible” in accordance with FAR 9.104

· Note: The Government may make use of past performance information received from other sources including but not limited to the Contractor Performance Assessment Reporting System (CPARS)/ Federal Awardee Performance and Integrity Information System (FAPIIS) to evaluate past performance in establishing a determination of responsibility.

5. Price will be evaluated based on the following criteria:

· Price Reasonableness IAW RFO 12.204

Basis for Award The Government intends to award a single award Firm-Fixed Price Purchase Order in connection with this solicitation to the responsible vendor whose quote conforms to the solicitation requirements and will be most advantageous to the Government by representing the best value as defined by FAR 2.101.

The offeror must receive a rating of satisfactory (or higher) for technical evaluation, and neutral or higher for past performance in order to be considered. Quotes that do not include the total amount of work specified in this solicitation will not be considered for award.

E.2 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

(a) Evaluation factors. The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors will be used to evaluate offers:

Technical Ability Past Performance Price

(b) Options (if applicable). The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. The evaluation of options does not obligate the Government to exercise the option(s).

(c) Notice of award. A written notice of award or acceptance of an offer furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision) E.3 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS (NOV 2025) (DEVIATION)

(a) Definitions. As used in this provision— Backhaul, covered article, covered telecommunications equipment or services, critical technology, FASCSA order, Intelligence community, interconnection arrangements, national security system, roaming, sensitive compartmented information, sensitive compartmented information system, source, and substantial or essential component have the meanings provided in the clause 52.240-91, Security Prohibitions and Exclusions.

Business operations means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.

Marginalized populations of Sudan means—

(1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and

(2) Marginalized areas in Northern Sudan described in section 4(9) of such Act.

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 under 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)).

(b) Procedures.

(1) Covered telecommunications and video surveillance. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”

(2) FASCSA Orders.

(i) The Offeror shall search in SAM for the phrase “FASCSA order” for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (e) of FAR 52.240-91, Security Prohibitions and Exclusions.

(ii) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM but are effective and apply to the solicitation and resultant contract (see FAR 40.204-1(c)(2)).

(iii) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(c) Covered telecommunications equipment or services representations. By submission of its offer, the Offeror represents that, after conducting a reasonable inquiry (that looks at any information in the Offeror’s possession but does not need to include an internal or third-party audit)—

(1) It 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, except as waived by the solicitation, or as disclosed in paragraph (g); and

(2) It does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services, except as waived by the solicitation, or as disclosed in paragraph (g).

(d) FASCSA Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (g). A reasonable inquiry will look at any information in the offeror’s possession but does not need to include an internal or third-party audit.

(e) Sudan certification. By submission of its offer, the offeror certifies, after conducting a reasonable inquiry (that looks at any information in the offeror’s possession but does not need to include an internal or third-party audit), that the offeror does not conduct any restricted business operations in Sudan.

(f) Iran Representation and Certifications.

(1) Except as provided in paragraph (f)(2) of this provision or if a waiver has been granted in accordance with FAR 40.203-3, the offeror, after conducting a reasonable inquiry (that looks at any information in the offeror’s possession but does not need to include an internal or third-party audit), by submission of its offer—

(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;

(ii) Certifies that the offeror, or any person (as defined at section 15 of the Iran Sanctions Act of 1996, Pub. L. 104-172, 50 U.S.C. 1701 note) owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran’s ability to acquire or develop certain weapons or technologies; and

(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $15,000 with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC’s Specially Designated Nationals and Blocked Persons List at https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx)

(2) Exception for trade agreements. The representation and certification requirements of paragraph (f)(1) of this provision do not apply if—

(i) This solicitation includes a trade agreements notice or certification (e.g., 52.225-6, Trade Agreements Certificate); and

(ii) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.

(iii) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov.

(g) Disclosure.

(1) If the Offeror is not able to represent compliance with the prohibitions in paragraphs (c) or (d), then the Offeror shall disclose within 72 hours to the contracting office identified in paragraph (g)(2) the following information for each product or service not compliant:

(i) Contract number and order number, if applicable;

(ii) Identification of whether this disclosure relates to paragraph (c) on covered telecommunication equipment or services, or to paragraph (d) on FASCSA orders;

(iii) A description of the products or services that the Contractor identifies or has reason to suspect is prohibited (include brand; model number, such as the original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(iv) The entity that produced the product or service (include entity name, unique entity identifier, Contractor and Government Entity (CAGE) code, facilities responsible for design, fabrication, assembly, packaging, and test of the product, and whether the entity was the OEM or a distributor (provide manufacturer codes and distributor codes used for the product));

(v) Description of the functionality of the product or service and how that functionality impacts the risk to the product or service;

(vi) An explanation of any factors relevant to determining if the product or service should be permitted by an applicable exception, exemption, or waiver (if the offeror would like the Government to consider a waiver);

(vii) Whether alternative products or services are available that would be compliant with the prohibition;

(viii) If the product or service is related to item maintenance, include the following information on the item being maintained:

(A) Brand;

(B) Model number, OEM number, manufacturer part number, or wholesaler number; and

(C) Item description, as applicable.

(ix) Any readily available information about mitigation actions undertaken or recommended.

(2) If a disclosure is required to be submitted to a contracting office, the offeror shall submit the disclosure as follows:

(i) If a Department of Defense contracting office, the offeror shall submit the disclosure to the website at https://dibnet.dod.mil.

(ii) For all other contracting offices, the Offeror shall submit the disclosure to the Contracting Officer.

(3) If the disclosure provided does not contain any of the information required by paragraph (1), and the Offeror later discovers new information that is required by paragraph (1), then the Offeror shall submit a subsequent disclosure within 72 hours of discovering the new information.

(h) Executive agency review of disclosures. The Contracting Officer will review disclosures provided in paragraph (g) to determine if any applicable waiver may be sought. The Contracting Officer may choose not to pursue a waiver and may instead make an award to an Offeror that does not require a waiver.

(End of Provision)

E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

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

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

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

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

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

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

(End of Provision)

E.5 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (NOV 2025) (DEVIATION)

(a) Definitions. As used in this provision- Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and 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 concern eligible under the WOSB Program.

HUBZone small business concern means a small business concern that meets the requirements described in 13 CFR 126.200, is certified by the Small Business Administration (SBA) and designated by SBA as a HUBZone small business concern in the Small Business Search (SBS) (13 CFR 126.103).

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300.

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 the size standard in paragraph (b) of this provision.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or 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, means a small business concern that-

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

(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 paragraph (1) of this definition.

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) The North American Industry Classification System (NAICS) code for this acquisition is 561611.

(2) The small business size standard is $25 Million.

(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 (i.e., nonmanufacturer), 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.

(c) Representations.

(1) 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) [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 disadvantaged business concern.

(3) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The offeror represents as part of its offer 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: _________________.]

(4) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents as part of its offer 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: _________________.]

(5) SDVOSB joint venture eligible under the SDVOSB Program. [Complete only if the offeror is certified as a SDVOSB concern.] The offeror represents as part of its offer that it [ ] is, [ ] is not a SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [The offeror shall enter the name and unique entity identifier of each party to the joint venture: _________________.]

(6) HUBZone joint venture eligible under the HUBZone Program. [Complete only if the offeror is a HUBZone small business concern.] The offeror represents,…