36C25725Q0527_1.docx

1. SOLICITATION NUMBER

2. TYPE OF SOLICITATION

3. DATE ISSUED

PAGE OF PAGES

4. CONTRACT NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

6. PROJECT NUMBER

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

a. NAME

b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date) 12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014)

STANDARD FORM 1442

Prescribed by GSA-FAR (48 CFR) 52.236-1(d)

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION

SOLICITATION

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SEALED BID (IFB)

NEGOTIATED (RFP)

11. The Contractor shall begin performance within ____________ calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See _____________________________).

YES

NO

a.

Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ (hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.

b.

An offer guarantee is, is not required.

c.

All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d.

Offers providing less than _______________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

36C25725Q0527 X 04-30-2025

TBD

TBD

N/A Department of Veterans Affairs Central Texas Veterans HCS Network Contracting Office 17 1901 Veterans Memorial Dr. Building #171 Temple TX 76504 Department of Veterans Affairs Central Texas Veterans HCS Network Contracting Office 17 1901 Veterans Memorial Dr. Building 171 Temple TX 76504 Tailor Brown 915-493-1344 This solicitation is a request for quote (RFQ).

Acquisition Title: Fix Restroom Partitions

Place of Performance: Audie L. Murphy Memorial Veterans Hospital, 7400 Merton Minter Blvd. San Antonio, TX 78229

100% set-aside for Service-Disabled Veteran Owned Contractors (SDVOSB)

NAICS: 236220, PSC: Y1DA

Construction Magnitude: Less than $25,000

Site Visit: Thursday 5/8/2025 at 9:00 am CST meet at EE02 (engineering conference room) at the address above under place of performance.

Requests for Information: All questions due by 10:00 am CST 5/15/2025.

Quotes: Due by 10:00 am CST 5/29/2025.

All RFIs and quotes shall be emailed to tailor.brown2@va.gov.

NOTE: Please follow all instructions to offerors on the following pages or your quote could be deemed nonresponsive.

X X 52.211-10 X 10:00

CDT

05-29-2025 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __________ calendar days after the date offers are due.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c)( 41 U.S.C. 3304(a) (

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

Your Contractor agrees offer on this solicitation is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work requirements identified award consummates the contract, which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.

shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31a. NAME OF CONTRACTING OFFICER

TO SIGN

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. AWARD DATE

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

(Include ZIP Code) (Include area code) (Include only if different than Item 14.)

(Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each) (Type or print) (4 copies unless otherwise specified) (Type or print) (Type or print) (Contractor is required to sign this document and return _______ copies to issuing office.)

(Contractor is not required to sign this document.)

(Must be fully completed by offeror) (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

Department of Veterans Affairs Central Texas Veterans HCS Network Contracting Office 17 1901 Veterans Memorial Dr. Building 171 Temple TX 76504 This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

(877) 353-9791

(512) 460-5540

Table of Contents

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Restroom repairs for restrooms J101 and D308 in accordance with the SOW.

REQUEST FOR QUOTE

INSTRUCTIONS TO OFFERORS

1. SOLICITATION MATERIALS: All solicitation materials consisting of this solicitation/amendments, attachments, and all other related documents will be posted to Contract Opportunities located at https://sam.gov/ for the respective qualified General Contractors interested in submitting offers directly to the Department of Veterans Affairs. This is the only official location where these documents can be obtained and where updates are posted. No “hard copy” solicitation materials are available.

2. PAYMENT/PERFORMANCE BONDS: Not required for this solicitation.

3. ALTERNATIVE PAYMENT PROTECTIONS: Not required for this solicitation.

PREPARATION OF OFFERS

To assure responsiveness of submitted offers, offerors shall follow the instructions contained herein. These instructions prescribe the format of the offer and describe the approach for development and presentation of the quote package. These instructions are designed to ensure the submission of necessary information. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications. Interested offerors shall be solely responsible for all costs associated with this solicitation including but not limited to the preparation of bids.

1. Quotes shall be (1) submitted on the forms furnished by the Government or on copies of those forms; and (2) manually signed.

2. OFFER SUBMISSION:

Electronic bids transmitted through email are the only authorized form of submission under this solicitation. One (1) emailed electronic PDF document of the bid shall be submitted by the date/time specified on Page 1., SF 1442, 13a.

Email Transmission Warning: The act of clicking “Send” does not guarantee immediate transmission. Email servers may experience delays, and the time an offeror presses “Send” is not necessarily the time the offer is transmitted from their email server. The VA will use the email header metadata to determine the exact time the offer was transmitted from the offeror’s server. If the offer is determined to be late based on the VA’s email records, but the offeror can provide verifiable evidence that the offer was sent on time, the VA may, at its sole discretion, consider the offer. Offerors are strongly advised not to wait until the last minute to submit offers.

The following documents shall be submitted to the Contracting Officer on the due date and time listed on the SF 1442. The emailed electronic PDF document of the offer shall be organized as follows:

a) Standard Form 1442: Page 2 of the SF1442 shall be completed and signed by the signatory authority. All blocks under section “OFFER” on page 2 of SF1442 (Item 14 thru 20C) shall be completed. Failure to complete all blocks may result in the bid being deemed nonresponsive.

b) Acknowledgement of Amendments: Offerors shall be solely responsible for monitoring Government’s website https://sam.gov for amendments (Standard Form 30) to this solicitation if any. Offerors must acknowledge all amendments to the solicitation by listing the amendment number and date of each amendment in Block 19 of the SF 1442 and by completing items 15A-15C on the Standard Form 30.

c) Price Schedule: Schedule of Prices/Description shall be completed by the offeror.

d) VAAR Clause 852.219-75 VA Notice of Limitations on Subcontracting: Fill out this clause in its entirety and submit the clause and completed certification with the offer. Failure to fill out the current clause included in THIS solicitation, and failure to fill out the clause in its entirety may be deemed a defective certification and may result in the offer being deemed nonresponsive.

e) Calculations on Self-Performed Work: Complete the Self-Performed Work Calculations and return with the quote.

f) Representations and Certifications Clause: 52.204-8 Annual Representations and Certifications: since 52.204-7 is incorporated by reference in this solicitation, paragraph (d) under clause 52.204-8 applies to this contract. Offeror shall check the box in front of paragraph (2)(i) under clause 52.204-8 and indicate any changes under paragraph (d) of clause 52.204-8. If no change has been made to the offeror’s annual representations and certifications accessed through https://sam.gov, please indicate “NONE”. Fill out this clause in its entirety and submit it with the offer or you can submit your SAM.gov Reps and Certs on-line printout.

g) SBA VetCert Registration (evidence of SDVOSB Status): Evidence of certification from the U.S. Small Business Administration (SBA) Veteran Small Business Certification (VetCert) Program showing your firm as an eligible, visible, and certified Service-Disabled Veteran Owned Small Business (SDVOSB). To be eligible for award, Offerors are required to register their businesses at My SBA Certifications: https://certifications.sba.gov. To demonstrate compliance, offerors shall submit one of the following with their offer: A screenshot or printout from the SBA Dynamic Small Business Search (DSBS) https://dsbs.sba.gov/search/dsp_dsbs.cfm showing active certification status as an SDVOSB; or a copy of their VetCert approval letter from the SBA. Failure to provide this evidence may result in the quote being deemed nonresponsive; however, the government reserves the right to independently verify certification status through the SBA’s DSBS website to determine responsiveness.

h) SAM.gov Registration: To be eligible for award, Offerors are required to register their businesses at https://sam.gov and complete the Reps and Certs Section. The offeror shall have an active registration in SAM at the time of offer submission otherwise the Contracting Officer shall deem the offer non-responsive to the solicitation requirements (See FAR 52.204-7). The government reserves the right to independently verify registration status through SAM.gov. Offerors are encouraged to provide their Unique Entity Identifier (UEI) number with their bid submission.

i) 52.219-28 Post-Award Small Business Program Representation: (Required if Applicable) If the Contractor does not have representations and certifications in SAM.gov or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete Section (h) of this clause. Fill out this clause in its entirety and complete Section (h), the authorized signer must sign and date.

j) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment: Fill out this clause in its entirety by completing (d)(1) and (d)(2) and return with the offer.

k) Vets-4212 Forms: The offeror shall affirm that they have filed the Vets-4212, Federal Contractor Veterans’ Employment Report (VETS-4212) forms for the prior fiscal year if the offeror was subject to the reporting requirements of 38 U.S.C. 4212(d) for that fiscal year. Contractors are required to submit a required annual Form VETS-4212, in all cases where the contractor or subcontractor has received an award of $150,000 or more in any fiscal year. Contracting Officers are prohibited from awarding a contract to a contractor that has not submitted a required VETS-4212 Report with respect to the preceding fiscal year if the contractor was subject to the reporting requirement of 38 U.S.C. 4212(d). Submit this report as soon as possible, if not already submitted, to avoid delays in the contract award process. For more information on this requirement and/or for completing the web-based reporting form, visit the following website https://www.dol.gov/agencies/vets/programs/vets4212. See FAR provision 52.222-38, Compliance with Veterans' Employment Reporting Requirements under Representations and Certifications and FAR clause 52.222-37, Employment Reports on Veterans.

l) Financial Responsibility:

In accordance with FAR 9.104-1(a) and VAAM M809.104-1, the contracting office must ensure that prospective contractors possess adequate financial resources to perform the contract, or the ability to obtain them IAW FAR 9.104-3(a). To facilitate this determination, you shall submit any one of the four items listed below to demonstrate financial responsibility:

1. A letter of reference or other verification from your financial institution.

2. Copies of recent company audits and annual financial reports.

3. Copies of the past two years of annual tax returns.

4. A summary of your company’s past performance and delivery history ie:

CPARS

This shall be submitted as part of your offer as a separate document titled “Financial Responsibility”. The contract specialist/contracting officer will only evaluate the apparent awardees financial responsibility document prior to award.

Note: Failure to provide these documents in full by the submission deadline may result in rejection of the offer as nonresponsive.

The VA will determine whether a missing or incomplete submittal constitutes a material defect affecting responsiveness or an immaterial omission that may be clarified or supplemented.

Offerors are strongly encouraged to carefully review this solicitation and ensure all requested documents are included in their package. The government reserves the right to seek clarification or allow correction of minor informalities or irregularities in packages, and may provide offerors an opportunity to cure such deficiencies or waive them if doing so is in the Government’s best interest.

3. Offers shall be submitted electronically to the email address below by or on the due date set forth in this solicitation, Page 1, Form SF1442, Block 13:

a) Contracting Officer: Tailor Brown | Email: tailor.brown2@va.gov.

The Email Subject Line Shall include the Solicitation Number and Project Title

It is solely the responsibility of the bidders to ensure the Government receives the bids before or on the exact due date and time set forth in this solicitation. Emails are limited to five (5) MB.

REQUESTS FOR INFORMATION (RFIs)

1. To obtain clarifications and/or additional information concerning the solicitation requirements, specifications and/or drawings, or any other issue pertaining to the solicitation, submit an RFI via email to the attention of the Contracting Officer at tailor.brown2@va.gov. The email subject line shall include the Solicitation number and project title.

a. RFIs related to the project technical documents must be specific identifying section, paragraph and page no. of the specifications or cite the drawing number and must be in question format.

b. RFIs related to the solicitation or other related documents shall refer to the specific provision, clause, etc. All requests for information must be submitted via email to the Contracting Officer for action no later than the date shown in Block 10 of the Standard Form 1442, Solicitation, Offer and Award. No phone or faxed inquiry will be accepted. No questions will be answered after this date unless determined to be in the best interest of the Government as deemed by the Contracting Officer.

2. Government’s responses to inquiries will be issued in the form of an amendment to the original solicitation and posted to the same website where this solicitation is posted: https://sam.gov.

QUOTE EVALUATION

1. This solicitation will be utilizing FAR 13 simplified acquisition procedures.

2. Quotes will be evaluated in accordance with FAR 13.106-2.

BASIS FOR CONTRACT AWARD

1. In accordance with FAR 13.106-1(a)(2)(i), award will be made on price alone. Award will be made to the Offeror with the lowest price found to be fair and reasonable in accordance with FAR 13.106-3(a).

2. Determination of Responsibility:

a) Pursuant to FAR 9.103 prescribing that purchases shall be made from, and contracts shall be awarded to, responsible prospective contractors only, the Government will perform the determination of responsibility on the apparently lowest offeror whose offer is deemed conforming to the solicitation as stated under paragraph a). The Government’s determination of responsibility will be performed in accordance with FAR 9.1 and will include but not limited to the review of all federal excluded or debarred lists from different U.S. departments, and from the SAM.gov Responsibility/Qualification (R/Q) records, FedDataCheck Contractor Responsibility Assessment (CRA) Report; Dun and Bradstreet (D&B) Report; Contractor Performance Assessment Reporting System (CPARS), and Electronic Subcontract Reporting System (eSRS).

b) Since this solicitation is set aside 100% for Service-Disabled Veteran-Owned Small Business (SDVOSB), the Government will refer the matter to the Small Business Administration which will decide whether to issue a Certificate of Competency if the Government deems a potential SDVOSB awardee non-responsible.

OTHER IMPORTANT OFFEROR INFORMATION:

WAGE DETERMINATION

The wage determination is included as an attachment to the solicitation and is applicable to any resultant contract. A revision may be added as applicable prior to any contract award. Wage determinations are available at https://sam.gov/.

EXCLUSIONS

Exclusion record identifies parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits. Exclusions are also referred to as “suspensions” and “debarments.” The contractor is required to check exclusions located at https://sam.gov/ for each person or business providing services under this contract. During the performance of this contract the Contractor is prohibited from using any individual or business with active exclusions.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

(End of Provision)

2.2 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American—Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.3 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for— Thursday 5/8/25 at 9:00am CST

(c) Participants will meet at— E002 (engineering conference room) (End of Provision)

2.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

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

(End of Provision)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2025) (DEVIATION FEB 2025) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is $45 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 is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

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

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

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

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

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

[ ] (i) Paragraph (d) applies.

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

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

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

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

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

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

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

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

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

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

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

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

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

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

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

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

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

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(xiv) [Reserved].

(xv) [Reserved].

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

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

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

(xix) [Reserved].

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

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

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

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

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

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

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

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

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

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

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

[X] (i) 52.204-17, Ownership or Control of Offeror.

[X] (ii) 52.204-20, Predecessor of Offeror.

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

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

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

[] (vi) 52.227-6, Royalty Information.

[] (A) Basic.

[] (B) Alternate I.

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

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

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

(End of Provision)

3.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it ‘‘does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument’’ in paragraph (c)(1) in the provision at 52.204–26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212–3, Offeror Representations and Certifications–Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it ‘‘does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services’’ in paragraph (c)(2) of the provision at 52.204–26, or in paragraph (v)(2)(ii) of the provision at 52.212–3.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

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

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

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

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

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

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

(d) Representations. The Offeror represents that—

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

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does’’ in paragraph (d)(2) of this section.

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

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

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

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

(End of Provision)

3.3 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition.

(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(c) Procedures. (1) The Offeror shall search for the phrase ‘‘FASCSA order’’ in the System for Award Management (SAM)(https://www.sam.gov) 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 (b)(1) of FAR 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).

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

(d) 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 (e).

(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:

(1) Name of the product or service provided to the Government;

(2) Name of the covered article or source subject to a FASCSA order;

(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;

(4) Brand;

(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(6) Item description;

(7) Reason why the applicable covered article or the product or service is being provided or used;

(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.

(End of Provision)

GENERAL CONDITIONS

4.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

4.2 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB COVERED ENTITIES (DEC 2023)

(a) Definitions. As used in this clause—Kaspersky Lab covered article means any hardware, software, or service that—

(1) Is developed or provided by a Kaspersky Lab covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky Lab covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a Kaspersky Lab covered entity.

Kaspersky Lab covered entity means—

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., ‘‘Kaspersky’’;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115–91) prohibits Government use of any Kaspersky Lab covered article. The Contractor is prohibited from—

(1) Providing any Kaspersky Lab covered article that the Government will use on or after October 1,…