47PB0025Q0015 Moakley Cafeteria RFQ Final 2025 04 11.pdf

THIS PROCUREMENT IS OPEN TO ALL BUSINESSES.

General Services Administration

Public Buildings Service

Washington, DC

Request for Quote

SPECIFICATIONS AND BID FORMS

In accordance with GSA’s Affirmative Procurement Program and the Statutes, Regulations, and

Executive Orders of the United States, the Contractor is to use green products and supplies in the accomplishment of this contract.

SOLICITATION NO: 47PB0025Q0015

PROJECT: John J. Moakley Federal Courthouse Cafeteria Services

LOCATION: John J. Moakley Federal Courthouse

SOLICITATION ISSUE DATE: 4/11/2025

OFFER DUE: GENERAL SERVICES ADMINISTRATION (GSA)

10 Causeway St, Boston, MA 02222

DATE AND TIME DUE: 5/16/2025 at 3:00 PM EST

DELIVER TO: GSA REGION 1 OFFICE BUILDING

10 Causeway St, Boston, MA 02222

NOTE: ANY QUESTIONS REGARDING THIS SOLICITATION MAY BE DIRECTED TO:

Name: Siobhan Frongillo, Contracting Officer

Telephone No.: 617-548-5628

E-mail: siobhan.frongillo@gsa.gov

GSAM 515.406-1: UNIFORM CONTRACT ACT

The information collection requirements contained in this solicitation/contract, that are not required by regulation, have been approved by the Office of Management and Budget pursuant to the Paperwork Reduction Act and assigned OMB Control No. 3090-0163.GSA’s hours of operation are 8:00 am to 5:00 pm. Requests for pre-award debriefings postmarked or otherwise submitted after 4:30 p.m. will be considered submitted the following business day. Requests for post-award debriefings delivered after 4:30 p.m. will be considered received and filed the following business day. This solicitation and any documents related to this procurement will be available on the Internet. All Contractors downloading the solicitation must notify this office in writing (either by electronic mail or facsimile) in order to be placed on the plan holders’ list. Contractors are responsible for downloading their own copy of the solicitation and amendments, if any. The WWW address of the Federal

Business Opportunities web page is https://www.onvia.com/company/resources/federal-business-opportunities-fedbizopps. It is the Contractor’s responsibility to monitor this site for the release of the solicitation and amendments, if any. Contractors may register for electronic notification of postings to the site.

https://www.onvia.com/company/resources/federal-business-opportunities-fedbizopps

CAFETERIA STATEMENT OF WORK (SOW)

TABLE OF CONTENTS

PAGE NUMBER

COVER SHEET 1

TABLE OF CONTENTS 3-6

FEDERAL FOOD DONATION ACT of 2008 7

PREAMBLE 8-9

SPECIAL NOTICE TO OFFERORS 9-11

1. Special Notice to Offerors

2. Pre-Bid Conference at the Cafeteria Facility

CONTRACT CLAUSES 10-39

52.222-42 Statement of Equivalent Rates for Federal Hires Comparable Hires

Commercial Items Contract Clauses Index

52.252-2 Clauses Incorporated by Reference

52.212-4 Contract Terms and Conditions - Commercial Items

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial

Items

552.212-72 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to

GSA Acquisition of Commercial Items

52.204-7 Central Contractor Registration

52.204-8 Annual Representations and Certifications

52.204-9 Personal Identity Verification of Contractor Personnel

552.212-71 Contract Terms and Conditions Applicable to GSA Acquisition of Commercial Items

52.223-4 Recovered Material Certification

52.223-10 Waste Reduction Program

52.223-15 Energy Efficiency in Energy-Consuming Products

52.223-16 IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts

52.223-1 Biobased Product Certification

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

Addendum to FAR 52.212-4, FAR 52.212-5 and 552.212-71

INSTRUCTIONS, CONDITIONS AND NOTICES TO

OFFERORS 40-54

1. Insurance Requirements

A. Worker’s Compensation and Employer’s Liability

B. General Liability Insurance

2. Instructions to Offerors

A. 52.212.1 Instructions to Offerors – Commercial Items

B. Instructions on Submitting Proposals

C. Contents of the Proposal

Part I - General Information

Part II - Specific Information

Tab A - Corporate Capability Management and Accountability

Tab B - Resources and Staffing

Tab C - Menu Cycle and Variety

Tab D - Wellness Program

Tab E - Price and Portion Policies

Tab G - Physical Space and Investment

52.212-2 Evaluation--Commercial Items

Mandatory Registration with CCR and OCRA Websites

FAR 52.212-3 Offeror Representations and Certifications - Commercial Items

FAR 52.233-2 Service of Protest

552.233-70 - Protests Filed Directly with the General Services Administration

ATTACHMENTS 55-70

Attachment 1 - Wage Determination

Attachment 2 - Inventory of Food Service Equipment

Attachment 3 - Standard Form LLL – Certification Regarding Lobbying

Attachment 4 - Standard Form 527 - Contractor's Qualification & Financial Information

Attachment 5 - Sales Generation Model

Attachment 6 - Staffing and Labor Cost Model

Attachment 7 - Monthly Profit/Loss Statement Pro-Forma Operating Statement

Attachment 8 - Floor Plan

Attachment 9 - Pictures of Facility

Attachment 10- Health and Sustainability Guidelines for Federal Concessions and Vending Operations

Attachment 11- Collective Bargaining Agreement

Federal Food Donation Act of 2008

122 STAT. 2314 PUBLIC LAW 110–247—JUNE 20, 2008

Public Law 110–247 110th Congress

An Act To encourage the donation of excess food to nonprofit organizations that provide assistance to food-insecure people in the United States in contracts entered into by executive agencies for the provision, service, or sale of food. Be it enacted by the Senate and House of Representatives of the United States of America in

Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Federal Food Donation Act of 2008’’. SEC. 2. PURPOSE. The purpose of this Act is to encourage executive agencies and contractors of executive agencies, to the maximum extent practicable and safe, to donate excess, apparently wholesome food to feed food-insecure people in the United States. SEC. 3. DEFINITIONS. In this Act: (1) APPARENTLY

WHOLESOME FOOD.—The term ‘‘apparently wholesome food’’ has the meaning given the term in section

2(b) of the Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. 1791(b)). (2) EXCESS.—The term

‘‘excess’’, when applied to food, means food that— (A) is not required to meet the needs of executive agencies;

and (B) would otherwise be discarded. (3) FOOD-INSECURE.—The term ‘‘food-insecure’’ means inconsistent access to sufficient, safe, and nutritious food. (4) NONPROFIT ORGANIZATION.—The term ‘‘nonprofit organization’’ means any organization that is— (A) described in section 501(c) of the Internal Revenue Code of

1986; and (B) exempt from tax under section 501(a) of that Code. SEC. 4. PROMOTING FEDERAL FOOD

DONATION. (a) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the Federal

Acquisition Regulation issued in accordance with section 25 of the Office of Federal Procurement Policy Act

(41 U.S.C. 421) shall be revised to provide that all contracts above $25,000 for the provision, service, or sale of food in the United States, or for the lease or rental of Federal property to a private entity for events at which food is provided in the United States, shall include a clause that— Deadline. 42 USC 1792. 42 USC 1792 note.

42 USC 1792 note. 42 USC 1771 note. Federal Food Donation Act of 2008. June 20, 2008 [S. 2420] VerDate

Aug 31 2005 19:49 Jun 20, 2008 Jkt 069139 PO 00247 Frm 00001 Fmt 6580 Sfmt 6581

E:\PUBLAW\PUBL247.110 GSDDET PsN: PUBL247 etreine on CSHP91QD1 with PUBLIC LAWS PUBLIC

LAW 110–247—JUNE 20, 2008 122 STAT. 2315 LEGISLATIVE HISTORY—S. 2420 (H.R. 4220): SENATE

REPORTS: No. 110–338 (Comm. on Homeland Security and Governmental Affairs). CONGRESSIONAL

RECORD, Vol. 154 (2008): May 22, considered and passed Senate. June 3, considered and passed House. Æ

(1) encourages the donation of excess, apparently wholesome food to nonprofit organizations that provide assistance to food-insecure people in the United States; and (2) states the terms and conditions described in subsection (b). (b) TERMS AND CONDITIONS.— (1) COSTS.—In any case in which a contractor enters into a contract with an executive agency under which apparently wholesome food is donated to food-insecure people in the United States, the head of the executive agency shall not assume responsibility for the costs and logistics of collecting, transporting, maintaining the safety of, or distributing excess, apparently wholesome food to food-insecure people in the United States under this Act. (2) LIABILITY.—An executive agency (including an executive agency that enters into a contract with a contractor) and any contractor making donations pursuant to this Act shall be exempt from civil and criminal liability to the extent provided under the Bill Emerson Good

Samaritan Food Donation Act (42 U.S.C. 1791). Approved June 20, 2008.

PREAMBLE

The General Services Administration (GSA) seeks a contractor that will provide food services at the John J.

Moakley Federal Courthouse. The successful Contractor should be able to:

● Deliver food and beverages at attractive price options

● Provide a menu that includes items that are healthy, organic and grown locally

● Provide exceptional customer service

● Provide a strong national brand as may be required

GSA and PBS envision the services under this Contract to be a model for wellness and efficient operations.

Generally stated, this objective may be realized by operations that will include:

● Food and beverage items that meet the food service guidelines referenced in the

Description/Specification section of the Contract, subpart 5. B.

● A verifiable waste reduction program; a verifiable recycling program (to the highest extent possible).

● The ability to meet/exceed customer expectations through creative and innovative programs, delivery methods and industry trends.

This contract is designed to ensure that the services provided will continue to meet the highest standards of customer satisfaction, provide an innovative wellness program and support a healthy diet. Continual feedback from the selected Contractor, the Agency, and its customers is key to achieving this goal. As a result, it is understood that regular process and results evaluations will be essential as GSA, the Agency, and the selected

Contractor will make program adjustments based on industry trends, regulatory requirements, the operational and financial results achieved and the level of success in reaching the wellness goals outlined in this Contract and through the course of regular operational reviews.

Special Notice to Offerors

Special Notice to Offerors.

A. The successful Contractor must be fully responsible for providing and accomplishing the required services as outlined in this solicitation. The Contractor is responsible for the operation of the food service facilities at the

B.

John J. Moakley Federal Courthouse

ONE COURTHOUSE WAY

BOSTON, MA 02210-3002

Building Number: MA0050ZZ

C. The Offeror must submit an offer/bid for each evaluation factor in order to be considered for award.

D. In order to be considered for award, the Offeror must acknowledge receipt of each amendment issued (if any) under this solicitation by submitting three (3) signed and dated copies of the Standard Form 30

(Amendment of Solicitation/Modification of Contract) issued for each amendment.

E. Facsimile (FAX) bids are unacceptable in response to this solicitation.

F. Deficiencies and Unacceptable Proposals. Offerors are cautioned that an offer may be rejected as non-responsive if it does not answer the evaluation factors completely or meet the Government requirements.

G. Interruptions in Government. Should inclement weather, interruption in Government operations or other unanticipated events occur that interrupt normal Government processes or require the closing of the

Government on the bid due date, the bid will be due at the same time of the next Government workday, unless notice is given to the contrary by the contracting office.

H. Executive Order 12989. Economy and efficiency in Government procurement through compliance with certain Immigration and Naturalization Act provisions is in effect and must be complied with under any contract(s) resulting from this invitation for bids. In accordance with Executive Order 12989, Contractors are responsible for compliance with immigration laws and are hereby notified that any and all suspected infractions must be reported to the Immigration and Naturalization Service.

PRE-BID CONFERENCE at the CAFETERIA FACILITY

The purpose of the Pre-Bid Conference is to provide a briefing on the contracting concept, the scope of work, and the specifications, so that offerors can ascertain the complexities of the services to be performed. Offerors will also be briefed on the vision of GSA to have a cafeteria that is consistent with Federal work/life programs, including employee wellness, and customer satisfaction.

Prospective offerors’ questions will be addressed at the Pre-Bid Conference and a summary of the topics discussed at the Conference will be provided to all prospective offerors as an addendum to the Request for

Proposals. Questions can be submitted after the Pre-Bid Conference and an addendum to the Request for

Proposals will be submitted with responses. Dates for submitting questions will be established at the Pre-Bid

Conference.

TO: All Prospective Offerors

SUBJECT: Request for Proposals (RFP) Moakley Cafeteria Services

The General Services Administration invites you to attend a Pre-Bid Conference which will be held at the time and place listed below:

LOCATION: John Joseph Moakley United States Courthouse

1 Courthouse Way, Boston, MA 02210

DATE: April 22, 2025

TIME: 10:00 am EST

A walk-through of the facility (back and front of house) will be part of the Pre-Bid Conference.

Prospective offerors are allowed to sketch the facility and take pictures only during the pre-bid walk-through with approval of the agency as needed.

Plans of the Servery and Kitchen are available and may be requested by writing to Siobhan Frongillo and

Anthony Prata, E-mail address, siobhan.frongillo@gsa.gov/anthony.prata@gsa.gov. Provide your full mailing address to which plans will be mailed. Plans may not reflect current equipment, or the current layout of the facility and the Government cannot be held responsible for accuracy. Such deviation should be noted during the site visit

It is advantageous for each prospective offeror to have qualified representation at the Pre-Bid Conference to understand the total result desired by the Government.

Prospective offerors are required to notify the individual listed below by letter, telephone, fax or e-mail (e-mail is preferred) of the names of person(s) who will attend the Conference. Notification should be made at least two working days before the scheduled meeting.

Point of Contact: Anthony Prata

Phone: 617-283-639

E-mail: anthony.prata@gsa.gov

All prospective offerors attending the Pre-Bid Conference must submit their full name and company via email to the Point of Contact above for security clearance into the building 3 business days in advance for clearance.

Entry will not be granted to persons who do not have a valid driver’s license or other form of government-issued photo identification.

All questions, other than requests for plans, are to be submitted via e-mail to Anthony Prata e-mail:anthony.prata@gsa.gov after the Pre-Bid Conference and must be submitted by the contractor. Any questions submitted after this date will not receive a response mailto:anthony.prata@gsa.gov

Contract Clauses

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)

COMPARABLE RATES:

The Service Contract Act of 1965, as amended, requires the contracting Agency to state the comparable rates which employees would be paid if employed by the Government. These rates are for information only, and do not control the rates to be paid under the contract. The following classes of service employees expected to be employed under the contract would, if employed by the General Services Administration, be paid not less than:

(Refer to Wage Determination Attachment)

COMMERCIAL ITEMS CONTRACT CLAUSES INDEX

(CLAUSES INCORPORATED BY REFERENCE)

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.

CLAUSE

NO.

48 CFR

REFERENCE

APPLICABLE CLAUSE TITLE

52.204-4

52.204-6

52.212-4

Printed or Copied Double-Sided on Recycled Paper

Unique Entity Identifier

CONTRACT TERMS AND CONDITIONS--COMMERCIAL

ITEMS. (NOV 2023)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS- COMMERCIAL ITEMS. (JAN 2025) (DEVIATION FEB 2025)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015

(Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 ( 19

U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV

2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009

(JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and

Reinvestment Act of 2009.)

_x_ (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community— see FAR 3.900(a).

_x_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of

Pub. L. 117-328).

_x_ (11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC 2023) ( Pub.

L. 115–390, title II).

__ (ii) Alternate I (DEC 2023) of 52.204-30..

_x_ (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-6.

__ (19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-7.

_x_ (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) ( 15 U.S.C. 637(a)(17)).

_x_ (31) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

_x_ (39) (i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627)..

x (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3801&num=0&edition=prelim https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 https://www.acquisition.gov/far/52.203-17#FAR_52_203_17 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4712&num=0&edition=prelim https://www.acquisition.gov/far/3.900#FAR_3_900 https://www.acquisition.gov/far/52.204-27#FAR_52_204_27 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.govinfo.gov/link/plaw/115/public/390 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-33#FAR_52_219_33 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim https://www.acquisition.gov/far/52.222-3#FAR_52_222_3 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 https://www.acquisition.gov/far/52.225-13#FAR_52_225_13

_x_ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) ( E.O.

13513).

_x (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV

2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

_x_ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) ( 31

U.S.C. 3332).

_x_ (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American

Security Drone Act-Covered Foreign Entities (NOV 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

_x_ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter67).

_x_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple

Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_x_ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

_x_ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at

52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract.

If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the

Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

https://www.acquisition.gov/far/52.226-8#FAR_52_226_8 https://www.federalregister.gov/executive-order/13513 https://www.federalregister.gov/executive-order/13513 https://www.acquisition.gov/far/52.232-29#FAR_52_232_29 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3805&num=0&edition=prelim https://www.acquisition.gov/far/52.232-33#FAR_52_232_33 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3332&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3332&num=0&edition=prelim https://www.acquisition.gov/far/52.240-1#FAR_52_240_1 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3901&num=0&edition=prelim https://www.acquisition.gov/far/52.222-41#FAR_52_222_41 https://www.acquisition.gov/far/52.222-43#FAR_52_222_43 https://www.acquisition.gov/far/52.222-55#FAR_52_222_55 https://www.acquisition.gov/far/52.222-62#FAR_52_222_62 https://www.acquisition.gov/far/2.101#FAR_2_101 https://www.acquisition.gov/far/52.215-2#FAR_52_215_2 https://www.acquisition.gov/far/subpart-4.7#FAR_Subpart_4_7 https://www.acquisition.gov/far/52.203-13#FAR_52_203_13

(ii) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C. 4712).

(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015

(Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub.

L. 117-328).

(vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC 2023) ( Pub. L.

115–390, title II).

(B) Alternate I (DEC 2023) of 52.204–30.

(viii) 52.219-8, Utilization of Small Business Concerns (JAN 2025) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(xi) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(xiii) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xv) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter 67).

(xvi) (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for

Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xix) 52.222-54, Employment Eligibility Verification (JAN 2025) ( E.O. 12989).

https://www.acquisition.gov/far/52.203-17#FAR_52_203_17 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4712&num=0&edition=prelim https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.204-27#FAR_52_204_27 https://www.govinfo.gov/link/plaw/115/public/390 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.219-8#FAR_52_219_8 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim https://www.acquisition.gov/far/19.702#FAR_19_702 https://www.acquisition.gov/far/52.219-8#FAR_52_219_8 https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 https://www.acquisition.gov/far/52.222-37#FAR_52_222_37 https://www.acquisition.gov/far/52.222-40#FAR_52_222_40 https://www.acquisition.gov/far/52.222-40#FAR_52_222_40 https://www.acquisition.gov/far/52.222-41#FAR_52_222_41 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-chapter67-front&num=0&edition=prelim https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 https://www.acquisition.gov/far/52.222-51#FAR_52_222_51 https://www.acquisition.gov/far/52.222-53#FAR_52_222_53 https://www.acquisition.gov/far/52.222-54#FAR_52_222_54 https://www.federalregister.gov/executive-order/12989

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xxii) (A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle

A, Part V, Subpart G Note).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C.

3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security

Drone Act-Covered Foreign Entities (NOV 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

(xxvii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46 U.S.C.

55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

Alternate I (FEB 2000). As prescribed in 12.301 (b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to "paragraphs (a), (b), (c), or (d) of this clause" in the redesignated paragraph (d) to read "paragraphs (a), (b), and (c) of this clause".

Alternate II (JAN 2025). As prescribed in 12.301 (b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:

(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section

3 or 8 G of the Inspector General Act of 1978 ( 5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—

(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and

(ii) Interview any officer or employee regarding such transactions.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the

Contractor is not required to flow down any FAR clause in a subcontract for commercial products or commercial services, other than— https://www.acquisition.gov/far/52.222-55#FAR_52_222_55 https://www.acquisition.gov/far/52.222-62#FAR_52_222_62 https://www.acquisition.gov/far/52.224-3#FAR_52_224_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.224-3#FAR_52_224_3 https://www.acquisition.gov/far/52.225-26#FAR_52_225_26 https://www.acquisition.gov/far/52.226-6#FAR_52_226_6 https://www.acquisition.gov/far/52.226-6#FAR_52_226_6 https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3801&num=0&edition=prelim https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://www.acquisition.gov/far/52.240-1#FAR_52_240_1 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3901&num=0&edition=prelim https://www.acquisition.gov/far/52.247-64#FAR_52_247_64 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section55305&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section55305&num=0&edition=prelim https://www.acquisition.gov/far/52.247-64#FAR_52_247_64 https://www.acquisition.gov/far/12.301#FAR_12_301 https://www.acquisition.gov/far/12.301#FAR_12_301 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the

Inspector General under paragraph (d)(1)(ii) does not flow down; and

(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(A) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN

2010) (Section 1553 of Pub. L. 111-5).

(C) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C. 4712).

(D) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(E) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(F) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub.

L. 117-328).

(G)__( 1) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (DEC 2023) ( Pub.

L. 115–390, title II).

__(2) Alternate I (DEC 2023) 52.204-30.

(H) 52.219-8, Utilization of Small Business Concerns (JAN 2025) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(I) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(J) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

(K) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(L) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(M) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(N) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter 67).

(O) __ (1) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O 13627).

__ (2) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/52.203-17#FAR_52_203_17 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4712&num=0&edition=prelim https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.204-27#FAR_52_204_27 https://www.govinfo.gov/link/plaw/115/public/390 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.acquisition.gov/far/52.219-8#FAR_52_219_8 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim https://www.acquisition.gov/far/19.702#FAR_19_702 https://www.acquisition.gov/far/52.219-8#FAR_52_219_8 https://www.acquisition.gov/far/52.222-21#FAR_52_222_21 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 https://www.acquisition.gov/far/52.222-40#FAR_52_222_40 https://www.acquisition.gov/far/52.222-40#FAR_52_222_40 https://www.acquisition.gov/far/52.222-41#FAR_52_222_41 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-chapter67-front&num=0&edition=prelim

(P) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).

(Q) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services-Requirements (MAY 2014) ( 41 U.S.C. chapter 67).

(R) 52.222-54, Employment Eligibility Verification (JAN 2025) ( Executive Order 12989).

(S) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

(T) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(U)__ (1) 52.224-3, Privacy Training (JAN 2017) ( 5 U.S.C. 552a).

__ (2) Alternate I (JAN 2017) of 52.224-3.

(V) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle

A, Part V, Subpart G Note).

(W) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C. 1792).

Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(X) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) ( 31 U.S.C.

3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(Y) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security

Drone Act-Covered Foreign Entities (NOV 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

(Z) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

552.212-72 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS APPLICABLE TO GSA ACQUISITION OF COMMERCIAL ITEMS. (OCT

2023)

The Contractor agrees to comply with any provision or 2015 clause that is incorporated herein by reference to implement provisions of law or Executive Orders applicable to acquisition of commercial items or components.

The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:

(a) Provisions.

___552.223-72 Hazardous Material Information https://www.acquisition.gov/far/52.222-51#FAR_52_222_51 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-chapter67-front&num=0&edition=prelim https://www.acquisition.gov/far/52.222-53#FAR_52_222_53 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-chapter67-front&num=0&edition=prelim https://www.acquisition.gov/far/52.222-54#FAR_52_222_54 https://www.federalregister.gov/executive-order/12989 https://www.acquisition.gov/far/52.222-55#FAR_52_222_55 https://www.acquisition.gov/far/52.222-62#FAR_52_222_62 https://www.acquisition.gov/far/52.224-3#FAR_52_224_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552a&num=0&edition=prelim https://www.acquisition.gov/far/52.224-3#FAR_52_224_3 https://www.acquisition.gov/far/52.225-26#FAR_52_225_26 https://www.acquisition.gov/far/52.226-6#FAR_52_226_6 https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3801&num=0&edition=prelim https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3901&num=0&edition=prelim https://www.acquisition.gov/far/52.247-64#FAR_52_247_64 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section55305&num=0&edition=prelim http://farsite.hill.af.mil/reghtml/regs/other/gsar/552000.htm#P267_26325

(b) Clauses.

____552.223-70 Hazardous Substances

____552.223-71 Nonconforming Hazardous Material

____552.238-70 Identification of Electronic Office Equipment Providing Accessibility for the

Handicapped

____552.238-72 Identification of Products that have Environmental Attributes

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

(a) Definitions. As used in this provision—

"Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional

System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that–

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the

Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of

Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification

Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record "Active".

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or

Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) (1) An Offeror is required to be registered in SAM when submitting an offer or quotation and at time of award (see FAR clause 52.204-13, System for Award Management Maintenance, for the requirement to maintain SAM registration during performance and through final payment).

https://www.acquisition.gov/far/subpart-32.11#FAR_Subpart_32_11 https://www.acquisition.gov/far/subpart-4.14#FAR_Subpart_4_14 http://www.sam.gov/ https://www.acquisition.gov/far/52.204-13#FAR_52_204_13

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation

"Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in

SAM should consider applying for registration immediately upon receipt of this solicitation. See https://ww.sam.gov for information on registration.

(End of provision)

Alternate I (OCT 2018). As prescribed in 4.1105(a)(2) , substitute the following paragraph (b)(1) for paragraph

(b)(1) of the basic provision:

(b)(1) An Offeror is required to be registered in SAM as soon as possible. If registration is not possible when submitting an offer or quotation, the awardee shall be registered in SAM in accordance with the requirements of clause 52.204-13, System for Award Management Maintenance.

https://www.acquisition.gov/far/4.1105#FAR_4_1105 https://www.acquisition.gov/far/52.204-13#FAR_52_204_13

52.204-8 Solicitation and Contract Clauses ANNUAL REPRESENTATIONS AND CERTIFICATIONS

(JAN 2025) (DEVIATION FEB 2025)

52.204-8 Annual Representations and Certifications.

As prescribed in 4.1202(a), insert the following provision:

Annual Representations and Certifications (JAN 2025)(DEVIATION FEB 2025)

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is____722310______________ [insert NAICS code].

(2) The small business size standard is ___35.5 billion__________ [insert size standard].

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

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

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

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

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

(d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the

Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

(i) □ Paragraph (d) applies.

(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…