Sol_86614126Q00001.pdf

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Attached to
Lead-Based Paint Evaluation Support Services Federal contract opportunity
Solicitation number
86614126Q00001
Issued by
Department of Housing and Urban Development

About this file

This is a Solicitation/Contract/Order for Commercial Items (SF 1449) issued by the US Department of Housing and Urban Development (HUD) for Lead-Based Paint Evaluation Services across four regional Homeownership Centers (HOCs). The contract is an Indefinite Delivery, Indefinite Quantity (IDIQ) firm-fixed-price contract with a five-year performance period from 03/24/2026 to 03/23/2031. The solicitation is set aside for small businesses and targets inspection services in four geographic regions: Atlanta (Alabama, Florida, Georgia, and others), Denver (Montana, North Dakota, and others), Philadelphia (Michigan, Connecticut, and others), and Santa Ana (Arizona, California, and others).

The contract will support lead-based paint inspection services including visual assessments, lead-based paint inspections, stabilization plans, and clearance examinations. The maximum contract value for each regional HOC is $4,000,000, with a minimum order of $10,000. Contractors will be responsible for performing inspections across specified states and territories, maintaining current licenses and certifications, and following HUD's performance work statement. The solicitation number is 86614126Q00001, with quotes due on 12/15/2025 at 1400 CT. Offerors must submit detailed technical capability, past performance, and pricing information, with evaluation factors weighted approximately equally.

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Other files for this federal contract opportunity

Other files attached to Lead-Based Paint Evaluation Support Services, newest first.
File Type Posted
RFQ - Questions and Answers.xlsx XLSX spreadsheet
Sol_86614126Q00001_Amd_0001.pdf PDF
Attachment 5 - Wage Determination 7-22-2024.pdf PDF
86614126Q00001 (2_2012).pdf PDF
Attachment 1 - PWS - LBPES_092625.docx DOCX document
Attachment 2 - Past Performance.docx DOCX document
Attachment 3 - ELIN Inspection Pricing.xlsx XLSX spreadsheet
Attachment 4 Nondisclosure-Agreement-between-HUD-and-Contractor-Employee.docx DOCX document
Attachment 6 - Work Order Notice Numbers by HOC JUN 2024 to SEP 2025.xlsx XLSX spreadsheet

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SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

HUD-NFNC

CHICAGO IL 60604-3507

METCALFE FEDERAL BUILDING

OFFICER

OFFICE OF THE CHIEF PROCUREMENT

US DEPARTMENT OF HUD

FHA-3AHH CODE 16. ADMINISTERED BYCODE

X

X

541620

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORHUD-NFNC

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

12/15/2025 1400 CT

11/14/2025

CHRISTOPHER RODRIGUEZ

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

86614126Q00001

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 49 RCS-HU-2025-00028OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

77 WEST JACKSON BLVD ROOM 2517

TELEPHONE NO.

17a. CONTRACTOR/

PHILADELPHIA PA 19107

801 MARKET STREET 12TH FLOOR

STRAWBRIDGE BUILDING

FHA-3AHH

15. DELIVER TO

CHICAGO IL 60604-3507

77 WEST JACKSON BLVD ROOM 2517

METCALFE FEDERAL BUILDING

OFFICER

OFFICE OF THE CHIEF PROCUREMENT

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$16.50

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

US DEPARTMENT OF HUD

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Period of Performance: 03/24/2026 to 03/23/2031

0001 Area I - Atlanta Homeownership Center (AHOC):

Alabama, Florida, Georgia, Kentucky, Illinois, Indiana, Mississippi, North Carolina, South Carolina, and Tennessee, Puerto Rico, and the Virgin Islands.

Inspection Services in accordance with the PWS.

Inspection types below:

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

LUKE M. MALONEY

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Visual Assessments - PWS Section 5.1

Lead-Based Paint Inspections - PWS Section 5.2

Stabilization Plans - PWS Section 5.3

Clearance Examinations - PWS Section 5.4

Clearance Re-Examinations - PWS Section 5.4

0002 Area II - Denver Homeownership Center (DHOC):

Montana, North Dakota, South Dakota, Wyoming, Utah, Colorado, Nebraska, Kansas, New Mexico, Oklahoma, Texas, Minnesota, Wisconsin, Iowa, Missouri, Arkansas, Louisiana

Inspection Services in accordance with the PWS.

Inspection types below:

Visual Assessments - PWS Section 5.1

Lead-Based Paint Inspections - PWS Section 5.2

Stabilization Plans - PWS Section 5.3

Clearance Examinations - PWS Section 5.4

Clearance Re-Examinations - PWS Section 5.4

0003 Area III - Philadelphia Homeownership Center

(PHOC): Michigan, Connecticut, New Hampshire, Vermont, Maine, Massachusetts, New York, Rhode

Island, New Jersey, Ohio, District of Columbia, Delaware, Maryland, Pennsylvania, Virginia, and

West Virginia

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

49 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 49

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

86614126Q00001

Inspection Services in accordance with the PWS.

Inspection types below:

Visual Assessments - PWS Section 5.1

Lead-Based Paint Inspections - PWS Section 5.2

Stabilization Plans - PWS Section 5.3

Clearance Examinations - PWS Section 5.4

Clearance Re-Examinations - PWS Section 5.4

0004 Area IV - Santa Ana Homeownership Center (SAHOC):

Arizona, California, Hawaii, Nevada, Alaska, Idaho, Oregon, Washington, Guam, and Northern

Mariana Islands

Inspection Services in accordance with the PWS.

Inspection types below:

Visual Assessments - PWS Section 5.1

Lead-Based Paint Inspections - PWS Section 5.2

Stabilization Plans - PWS Section 5.3

Clearance Examinations - PWS Section 5.4

Clearance Re-Examinations - PWS Section 5.4

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

(b) Continuation of SF 1449 Description of Services

The Government requires 8(a) contractor support to perform Lead-Based Paint Inspection Services across four regional Home Ownership Centers (HOC). The contractor must provide all equipment, management, materials, supervision, supplies, and other items and services necessary to coordinate, perform, schedule, and ensure effective performance to determine the presence of lead-based paint evaluation services in HUD-owned properties, according to the terms and conditions of the contract.

The Government intends to award four, single-award Indefinite Delivery, Indefinite Quantity (IDIQ) contracts, one for each regional HOC, resulting from this solicitation. The HOCs are as follows:

Area I - Atlanta Homeownership Center (AHOC): Alabama, Florida, Georgia, Kentucky, Illinois, Indiana, Mississippi, North Carolina, South Carolina, and Tennessee, Puerto Rico, and the Virgin Islands;

Area II - Denver Homeownership Center (DHOC): Montana, North Dakota, South Dakota, Wyoming, Utah, Colorado, Nebraska, Kansas, New Mexico, Oklahoma, Texas, Minnesota, Wisconsin, Iowa, Missouri, Arkansas, Louisiana;

Area III - Philadelphia Homeownership Center (PHOC): Michigan, Connecticut, New Hampshire, Vermont, Maine, Massachusetts, New York, Rhode Island, New Jersey, Ohio, District of Columbia, Delaware, Maryland, Pennsylvania, Virginia, and West Virginia;

Area IV - Santa Ana Homeownership Center (SAHOC): Arizona, California, Hawaii, Nevada, Alaska, Idaho, Oregon, Washington, Guam, and Northern Mariana Islands

The prices for routine Lead-Based Paint Evaluation Services must include all technical and clerical services, materials, supplies, reviews, reports, communications, travel, printing, photographic expenses, postage, courier fees and other fees related to the delivery of information to HUD, general oversight, general and administrative costs, fringe benefits, and profit/fee.

The place of performance for these services are any single-family housing property that requires an LBP inspection within each applicable HOC.

The Ordering Period for each IDIQ will be from 24 MAR 2026 – 23 MAR 2031 (Five Years).

The estimated quantities for lead-based paint evaluation services set forth in the table below are the government’s estimate of the quantities that are provided for the vendor to establish its per unit price. The quoter is cautioned that the estimates are a best-guess only and the vendor should rely on their own business acumen to price the quote. The Government is only bound by the minimum amount of each IDIQ contract and the maximum amount, or ceiling value, of any resultant contract. Task Orders will be issued based on need at the time of issuance.

Inspection Quantities Atlanta HOC Ordering Period (OP)1 OP2 OP3 OP4 OP5 Visual Assessments (PWS 5.1) 240 252 265 278 292 LBP Inspections (PWS 5.2) 240 252 265 278 292 Stabilization Plans (PWS 5.3) 100 105 110 116 122 Clearance Examine (PWS 5.4) 100 105 110 116 122 Clearance Re-Examination (PWS 5.4) 50 53 56 59 62

Inspection Quantities Denver HOC Ordering Period (OP)1 OP2 OP3 OP4 OP5 Visual Assessments (PWS 5.1) 180 190 210 230 245 LBP Inspections (PWS 5.2) 180 190 210 230 245 Stabilization Plans (PWS 5.3) 110 115 120 130 150 Clearance Examine (PWS 5.4) 110 115 120 130 150 Clearance Re-Examination (PWS 5.4) 60 70 80 90 100

Inspection Quantities Philadelphia HOC Ordering Period (OP)1 OP2 OP3 OP4 OP5 Visual Assessments (PWS 5.1) 355 370 380 395 405 LBP Inspections (PWS 5.2) 355 370 380 395 405 Stabilization Plans (PWS 5.3) 155 165 185 195 205 Clearance Examine (PWS 5.4) 155 165 185 195 205 Clearance Re-Examination (PWS 5.4) 75 85 95 105 110

Inspection Quantities Santa Ana HOC Ordering Period (OP)1 OP2 OP3 OP4 OP5 Visual Assessments (PWS 5.1) 65 71 82 90 100 LBP Inspections (PWS 5.2) 65 71 82 90 100 Stabilization Plans (PWS 5.3) 18 21 24 27 31 Clearance Examine (PWS 5.4) 18 21 24 27 31 Clearance Re-Examination (PWS 5.4) 18 21 24 27 31

In addition to the quantities stated in the above table, Attachment 6 – Work Order Notice Numbers by HOC JUN 2024 to SEP 2025, is available for reference. Attachment 6 includes a chart of all the work orders for all HOC regions from JUN 2024 to SEP 2025. The work order information is provided as a reference for quoting firms to demonstrate prior quantities, locations, and inspection types for each HOC. This data is comprised of past performance and does not indicate, or guarantee, future performance. Its use is intended to provide further context regarding the scope of the effort to the quoting firms in order to allow to develop their business and pricing scheme.

(c)

Addendum to 52.212-1:

(b) Submission of Offers: The government intends to award multiple single-award, indefinite delivery, indefinite quantity (SA IDIQ) contracts, one for each HOC region, to a responsible quoter for Lead-Based Paint Evaluation Services (LBPES) as described in the attached Performance Work Statement (PWS).

HUD intends to issue task orders based on need. The contract’s maximum value shall not exceed the following amounts for each HOC:

Atlanta HOC: $4,000,000 Denver HOC: $4,000,000 Philadelphia HOC: $4,000,000 Santa Ana HOC: $4,000,000

Pricing for subsequent task orders will be based on the awarded price per inspection per Ordering Year.

The following instructions are provided to ensure sufficient information necessary for the Government to fully understand and evaluate the quote.

1. Delivery of Quotes: QUOTE SUBMISSIONS. Offers are due as stated in block 8 of the OFFER DUE DATE block on page 1 of this document by the Local Time (Local Time means Central Time). Quotes received after the required time on the due date will be handled in accordance with 52.212-1(f). Submission of quotes shall be sent via email to Mr. Chris Rodriguez, Contract Specialist, christopher.j.rodriguez@hud.gov and Mr. Luke Maloney, Contracting Officer, luke.m.maloney@hud.gov. The subject of the email shall be:

86614126Q00001 SFH LBPES (*HOC Region) Quote.

a. A representative of the firm authorized to commit the firm to contractual obligations must sign the quoters quote. Blocks 12 (if applicable), 17a, 30a, 30b, and 30c on page 1 of the SF 1449 must be signed by such a representative. In doing so, the contractor agrees to the contract terms and conditions as written in the Solicitation, with attachments.

b. All quotes shall be valid for at least 90 days from the date offers are due.

c. The Government will evaluate the quote using only the information provided with the quote.

Failure of a quoter to submit information sufficient to evaluate the quote, or submitting information that does not follow the guidelines as stipulated herein, may render the quote ineligible for award.

d. Contractors shall insert their proposed total price in accordance with the pricing instructions contained herein and within Attachment 3, ELIN Inspection Pricing Attachment.

2. QUESTIONS PERTAINING TO THE REQUEST FOR QUOTATION (RFQ)/

SOLICITATION.

Quoters shall submit all questions to the Contracting Officer AND the Contract Specialist no later than 25 November 2025, 1200 Central Time. The subject of the email shall be:

86614126Q00001 Questions. Questions shall annotate a reference to the specific solicitation element to which they pertain. The Government is not required to provide responses to all questions submitted by quoters, but will consider them and incorporate changes into the solicitation via amendment, as deemed necessary in the business judgement of the Contracting Officer. Questions received after the cut-off date may not receive a response.

3. DETAILED QUOTE INSTRUCTIONS:

a. Quotes shall include separate electronic files for each volume listed in Section 3f. All file names shall include the respective company name, CAGE, UEI number, document name, and volume number (using abbreviations as necessary). The quoter shall confine submissions to essential matters sufficient to define the quote and provide adequate basis for evaluation. All pages of each volume shall be appropriately numbered and identified by the RFQ number in the header and/or footer.

b. Quotes shall include a Table of Contents which outlines the contractor’s quote submission.

The submission shall be clearly indexed, logically assembled, and clearly identified. A page, for purposes of this request for quote, is defined as one side of standard 8 1/2" x 11" sheet of paper, font size (12), 1 inch margin on all sides, single spaced. Tracking, kerning, and leading values shall not be changed from the default values of the word processing or page layout software.

Tables, call-outs, graphics can be no smaller than font size (9).

c. Quote font type shall be Times New Roman, 12-point font. For ease of reference, consecutive page numbering is requested. Pages without information (blank pages) do not need to be numbered and shall not be reflected in the page count.

d. All information pertaining to a particular volume shall be confined to that volume. For example, no Price information shall be included in any volume other than the Price volume.

e. Microsoft Excel files submitted shall be unlocked, formula driven, and numbers shall not be hard coded, where applicable. Spreadsheets shall be in Microsoft Excel 2013 compatible format (.xlsx format).

f. Page Limitation: If the page limits are exceeded, the pages in excess of the limit will be removed and not evaluated. The following are excluded from the page limitations: Resumes, letters of commitment, covers for volumes, tables of contents, glossary of abbreviations and acronyms, indices, title pages, cross reference indexes, and section dividers if they are inserted solely to provide ease to the reader in locating parts/sections of the quote. Additionally, pages marked “This page intentionally left blank” will not be counted.

Page limitations are as follows:

Volume I Signed SF1449 PDF document No page limitation Volume II Technical Capability MS Word or PDF

Document 15 Pages

Volume III Past Performance MS Word or PDF Document

No Page Limitation

Volume IV Price Excel/PDF Document

No Page Limitation

g. Electronic quotes provided via e-mail shall be submitted in the formats specified above.

WINZIP (.zip) files cannot be accepted as they are routinely blocked by the domain firewall.

Quotes that are sent in multiple e-mails shall be numbered to include the total sent, for example 2 of 6. Prior to the closing date of the solicitation, a prudent quoter should verify with the Contract Specialist or the Contracting Officer that the Government has received all of the emails and files that comprise the quoters electronic quote.

h. Quotes, modifications, revisions, or withdrawals of quotes received after the date established in this RFQ for receipt of quotes will be handled in accordance with FAR Clause 52.212-1.

i. In accordance with FAR 52.204-7, Quoter must be registered in the System for Award Management (SAM) and have a Commercial and Government Entity (CAGE) Code. The Government may determine a quoter, that is not registered in SAM at the time of the close of the solicitation, to be ineligible for award.

4. PURPOSE: These instructions prescribe the format of quotes and describe the approach for the development and presentation of the quote data. They are designed to ensure the submission of information essential to the understanding and comprehensive validation of quotes. Quoters are cautioned to follow the instructions carefully.

5. QUOTE CONTENTS: Quoter's quote shall consist of four separate Volumes as follows:

a. Volume I: General Documents Standard Form (SF) 1449, Solicitation/Contact/Order for Commercial Items. An authorized official of the firm shall sign the SF 1449 and all amendments and certifications requiring original signature. Contractors shall complete blocks 12 (if applicable), 17a, 30a, 30b, and 30c on page 1 of the SF 1449 and blocks 8, 15a, 15b, and 15c on page 1 of any applicable SF 30 amendments. In doing so, the contractor agrees to the contract terms and conditions as written in the solicitation, amendments, and attachments. The SF 1449 shall include all applicable clause fill-ins to include, but not limited to 52.209-7.

b. Volume II: Technical Factor - The quoter shall submit a comprehensive technical quote addressing the factor outlined below. The quoter’s response should not simply rephrase or restate the Government’s requirements, but should demonstrate an ability to execute the requirements without introducing unacceptable risk. The technical response shall be comprised of the following:

Technical Capability:

Approach – The quoter should provide a narrative description of how it will meet the requirements of the PWS, specifically the tasks identified in section 5, while staffing to support the contract including, as applicable, recruiting, retaining, and training inspectors that meet the qualifications on the PWS. The quoter should discuss its management approach, or technical plan, to successfully manage the logistical challenges this effort may present. The logistical challenges include performing services at locations spread across wide geographic locations. The quoter should consider suspense dates for tasks in addition to travel and logistical challenges. The response should describe any teaming arrangements to include subcontracts or joint ventures (JV) and detail the specifics of the agreements, including the portion of work to be performed by any subcontractor/JV, business size of sub/JV, and the impact on the organization.

The quoter may demonstrate its understanding of the requirement and how it will accomplish the tasks by incorporating its approach into a scenario where there are multiple inspections in dispersed geographic locations within the applicable regional HOC.

Note: Resumes, or qualifications of staff, letters of commitment, and/or certifications may be included as an appendix. No page limitations apply to the appendix. However, information contained within the appendix is only to substantiate the claims made within the technical quote regarding personnel or experience. Evaluators will not consider information that attempts to expand upon the technical capability volume.

Experience - The quoter should include any examples of applicable experience the quoter has performing similar services. Similar experience is defined as lead-based paint inspections, or inspections using certified inspectors as part of the contract to perform services. This description must include, at a minimum, the dates of the contract, the firm’s role in the contract, prime or subcontractor, name of the customer, the contract number (if a federal agency), and the dollar value.

c. Volume III: Past Performance – The quoter will submit the following information/documents:

A completed chart providing the information required by the Past Performance

Information chart in Attachment 2 – Past Performance. The chart shall reflect all relevant past performance performed in the five-year period immediately preceding submission of the quote and all work currently being performed. If the quoter has more than five (5) relevant past performance references, then the quoter shall provide the most recent five (5) references. As an attachment to the chart, the quoter shall provide a narrative describing the past performance references that reflect the most relevance to the services being obtained under the contract to be awarded. The narrative should clearly establish the relevancy of the past performance to the current requirements. (Narratives should not exceed one (1) page per reference.)

If the quoter is proposing to subcontract (or use joint ventures/ partners, or other entities other than the prime contractor to perform) more than 20% of the contract value, the quoter shall submit a separate chart and narrative described for past performance above, for the proposed subcontractor(s).

If past performance for the quoting firm does not exist, the quoter may substitute past performance of key personnel that will be performing major aspects of the work under any resulting contract. If the quoter chooses to make such a substitution, the quoter must clearly identify the substituted key personnel by name and title proposed. Only the past performance of Key Personnel overseeing the entirety of the proposed project will be considered in substitution for the firm’s past performance under this factor.

d. Volume IV: Price - The quoter shall submit fully burdened firm-fixed-prices for each inspection type, and for each region that the vendor intends to quote.

The quoter shall complete Attachment #3 – ELIN Inspection Pricing, per the attachment’s instructions. The quoted price per inspection is inclusive of any travel, training, certification costs, etc. The awardee’s prices will be incorporated into the IDIQ as the basis for pricing subsequent task orders.

Quotes received without a completed Attachment #3 – ELIN Inspection Pricing will be considered non-compliant and may not be considered for contract award. Any documentation furnished to support the Pricing attachment is to be provided in a format chosen by the quoter that is easily traceable to the attachment.

Unit Prices. The unit prices proposed shall be all inclusive of wages, fringe benefits, overtime and/or shift differential, overhead, general and administrative expenses, profit, material handling, subcontract handling, and any phase-out costs. A detailed breakout of these costs may be requested.

Summarize all significant pricing assumptions, scope limitations, exceptions and /or qualifications of the Price Quote.

Do not complete unit pricing information on the SF 1449. All unit pricing shall be submitted via Attachment #3 – ELIN Inspection Pricing.

The quantities provided in Attachment #3 – ELIN Inspection Pricing are estimates only. Their use is to allow the vendors to price their quotes and for HUD to determine the total evaluated price of the quoters. They are estimates only and will not reflect the certain number of units ordered during the Ordering Period or necessarily reflect the ceiling value of the contract.

However, in order to generate the most accurate information for the vendor’s to price their quotes, HUD did rely on historical data to formulate the quantities. To reiterate, the purpose of the quantities are to allow the vendors to generate a price per unit quote to determine a TEP for this solicitation, evaluation, and award.

The prices per unit included in the applicable Attachment #3 – ELIN Inspection Pricing will be incorporated into any subsequent award. The quantities will not be. Task Orders will be used based on need as that need arises throughout the contract’s Ordering Period.

Addendum to FAR 52.212-2:

1. BASIS FOR AWARD:

It is the Government’s intent to make an award(s) from this solicitation, using FAR Part 12/13 – Acquisition of Commercial Items/Simplified Acquisition Procedures, to the responsible quoter whose quote, in conforming to the RFQ, provides the overall best value to the Government considering non-price and price factors. The evaluation will be based on the demonstrated capabilities of the prospective firm in relation to the needs of the project as set forth in the RFQ.

The merits of each quote will be evaluated carefully. Each quote must demonstrate the feasibility of successful implementation of the requirements of the action as presented in the RFQ and

PWS.

The Government may reject any quote that is evaluated to be non-compliant with the solicitation requirements and that reflects a failure to comprehend the complexity and risk of the work to be performed. The Government will not award to a quoter whose technical capability evaluation results in a “Low Confidence” rating.

It is the Government's intent to award without exchanges. Quoters are encouraged to present their best technical quote and prices in their initial quote submission. However, the Government reserves the right to conduct exchanges.

Once the government determines that a firm is the best-suited (e.g. the apparent successful awardee), the government reserves the right to engage with only that firm to address any remaining issues, if necessary, and finalize a contract with that firm. These issues may include technical and price. If the parties cannot successfully address any remaining issues, as determined pertinent at the sole discretion of the government, the government reserves the right to engage the next best-suited firm based on the original analysis and address any remaining issues. Once the government has engaged the next best-suited firm, no further engagements with the previous firm will be entertained until after the contract has been awarded. This process will continue until an agreement is successfully reached and a contract is awarded.

Comparative Evaluation: The Government may perform a comparative evaluation of the quotations (comparing quoter responses to one another) to select the quotation that is best suited to fulfill the requirements. The Government reserves the right to make an award to other than the lowest-priced firm if the superior technical solution, or the solution indicating a reduced performance risk, warrants paying a premium. The Government’s objective is to obtain the highest technical quality considered necessary to achieve the project’s objectives, at a fair and reasonable price.

All factors, Technical Capability. Past Performance and Price are approximately equal to each other. Each firm should recognize that its initial price and technical quote may be used as the sole and final basis for award and should quote accordingly.

2. EVALUATION METHODOLOGY: The Government will evaluate the Technical Factor to assess its level of confidence that the quoter will successfully perform the requirements based on their approach and experience per the definitions of those terms displayed herein, Table 1.

However, the government retains the right to incorporate any performance or capabilities proposed above mandatory minimums into a PWS addendum at time of award, as applicable.

The Government will evaluate Past Performance based on the confidence ratings listed below in Table 2. The Government will evaluate the Price Factor for completeness, reasonableness, and balance but will not assign a rating.

In order to be considered for award, an Quoter must receive a rating better than “Low Confidence” for the technical factor.

3. EVALUATION APPROACH: Quote Compliance: The Government will compare the quote to the RFQ submission criteria in Addendum to 52.212-1 in order to perform a compliance review.

Failure to provide quotes in accordance with the instructions specified herein may render the quote non-compliant and may not be further evaluated for award.

Table 1 - The technical factor will be evaluated based on levels of confidence as defined below:

High Confidence

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

Some Confidence

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

Low Confidence

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

Table 2 – Past Performance Ratings:

Rating Definition Excellent/Very Low Risk/Very High Confidence

Quoter provided sufficient quantity of recent, very relevant, high quality references for the prime contractor and significant subcontractors.

Good/Low Risk/High Confidence The combination of recent references provided for the prime contractor and significant subcontractors were of sufficient relevancy and quality to assure performance of the contract requirements.

Satisfactory/Medium Risk/Some Confidence

The combination of recent references provided for the prime contractor and significant subcontractors provides some assurances of future performance, but some risk exists (e.g. overreliance on substantial subcontractors).

Neutral/Unknown Risk/Neutral Confidence

Quoter had no prime or substantial subcontractor references that met the recency test or stated they had no recent, relevant past performance.

Poor/Very High Risk/Low Confidence

Quoter had poor references for the prime or substantial subcontractor or provided insufficient references to obtain a higher rating.

Technical Factor:

Technical Approach: The government will evaluate the quoter’s approach used in addressing the areas of importance listed in the addendum to 52.212-1. The evaluation will be based upon the quoter’s understanding of the objectives of the PWS, planned execution of the project, and experience in having performed similar projects. This refers to the manner in which the quoter proposes to plan, manage, control, and provide the services and deliverables. The extent to which the quoter demonstrates a solid understanding of addressing anticipated problems, issues, constraints, organizations, and systems involved and the approach and methodologies proposed to ensure successful accomplishment of all tasks in the PWS will be evaluated.

The government may find evaluated similar experience advantageous when determining its confidence rating.

Past Performance:

In evaluating Past Performance, the Government will address four components – recency, relevancy, quality, and sufficiency. This factor’s primary emphasis is to assess the past performance of the proposed prime contractor (or in the case of joint ventures or some other teaming arrangement, the primary member of the team) or that of substituted key personnel.

However, if significant subcontracting/use of other teaming arrangements is anticipated, the past performance history of the proposed subcontractors/other team members must also be evaluated.

All references will be first assessed for recency and HUD will consider only references performed within the five (5) years immediately prior to submission of the quote;

Of those determined to be recent, HUD will assess the degree of similarity in scope and value the past performance efforts submitted have to the solicitation requirements to determine relevancy. The value associated with a relevant past performance example must exceed $100,000 per year in contract value.

HUD will then assess relevant past performance efforts for quality;

HUD’s overall assessment will be based upon sufficiency of high-quality past performance and risk of nonperformance.

The final rating under this factor will encompass the totality of the information provided, including completeness, relevancy, and the depth, breadth, and quality of only relevant past performance for the proposed prime contractor and proposed subcontractor/team members or substituted key personnel. The final rating will range from Excellent (High Confidence) to Unsatisfactory (Low Confidence). Offerors that have addressed the factor and have no relevant past performance history by the prime, any subcontractors/team members, or substituted key personnel will be rated as Neutral (Neutral Confidence). Offerors that fail to address the factor will be determined to have not complied with the solicitation requirements and will receive the lowest possible rating.

HUD is not restricted to evaluating the information provided by the offeror or the surveys provided by references and may utilize information obtained from any source. HUD will obtain additional information from the Government-wide past performance, as available.

Price:

The price quote will be evaluated for completeness, reasonableness, and balance.

1. Completeness: The Government will review the pricing submission for completeness and compliance with FAR 52.212-1 and its addendum.

2. Reasonableness: The Government will evaluate the quoter’s price quote based on the results of a price analysis, using the quote analysis techniques and procedures as defined in FAR 13.106-3(a)(1) and (2)(i-vii), as necessary, to ensure a fair and reasonable price. The Government will evaluate the total evaluated price (TEP) of based on the Pricing attachment, Attachment #3 – Inspection Pricing Attachment. The TEP shall reflect the price of the full Ordering Period based on the price per inspection and the quantities provided in the attachment.

(See Attachment #3 – Inspection Pricing Attachment Instructions contained therein)

3. Balance: The Government will review the proposed prices for balanced pricing. This review will ensure that the price of Ordering Years is not significantly over or understated.

Unbalanced pricing exists when, despite an acceptable total evaluated price, the price for one or more Ordering Years is significantly over- or under-stated as indicated by the application of price analysis techniques. The Government may determine that an offer is unacceptable if the out-year prices are significantly unbalanced and that the lack of balance poses an unacceptable risk to the Government.

Clauses incorporated by reference:

52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES. (NOV 2023)

52.202-1 DEFINITIONS. (JUN 2020)

52.203-3 GRATUITIES. (APR 1984)

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE

CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS-

REPRESENTATION. (JAN 2017)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE. (OCT 2018)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING. (AUG

2020)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE. (AUG

2020)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS. (DEC 2014)

52.204-20 PREDECESSOR OF OFFEROR. (AUG 2020)

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION

SYSTEMS. (NOV 2021)

52.223-2 REPORTING OF BIOBASED PRODUCTS UNDER SERVICE AND

CONSTRUCTION CONTRACTS. (MAY 2024)

52.223-11 OZONE-DEPLETING SUBSTANCES AND HIGH GLOBAL WARMING

POTENTIAL HYDROFLUOROCARBONS. (MAY 2024)

52.223-12 MAINTENANCE, SERVICE, REPAIR, OR DISPOSAL OF REFRIGERATION

EQUIPMENT AND AIR CONDITIONERS. (MAY 2024)

52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS-NOTICE AND

REPRESENTATION. (JUN 2020)

52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS. (FEB 2021)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS. (JUN 2013)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (MAR 2023)

52.223-2 REPORTING OF BIOBASED PRODUCTS UNDER SERVICE AND

CONSTRUCTION CONTRACTS. (MAY 2024)

52.223-11 OZONE-DEPLETING SUBSTANCES AND HIGH GLOBAL WARMING

POTENTIAL HYDROFLUOROCARBONS. (MAY 2024)

52.223-12 MAINTENANCE, SERVICE, REPAIR, OR DISPOSAL OF REFRIGERATION

EQUIPMENT AND AIR CONDITIONERS. (MAY 2024)

52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS-NOTICE AND

REPRESENTATION. (JUN 2020)

52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS. (FEB 2021)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS. (JUN 2013)

Clauses incorporated by full text:

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/ and https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52

(End of clause)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any __Housing and Urban Development Acquisition Regulation (48 CFR Chapter_24) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any __Housing and Urban Development Acquisition Regulation (48 CFR Chapter_24) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS - COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES. (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).

(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:

[X] (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).

[X] (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).

[ ] (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

[ ] (6) [Reserved]

[ ] (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

[X] (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

[X] (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

[ ] (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115-390, title II).

[ ] (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] (12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (JAN 2025) (31 U.S.C.

6101 note).

[X] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(OCT 2018) (41 U.S.C. 2313).

[ ] (14) [Reserved]

[ ] (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C.

657a).

[ ] (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[ ] (17) [Reserved]

[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] (20) 52.219-8, Utilization of Small Business Concerns (JAN 2025) (15 U.S.C. 637(d)(2) and (3)).

[ ] (21)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2025) (15 U.S.C. 637(d)(4)).

[ ] (ii) Alternate I (NOV 2016) of 52.219-9.

[ ] (iii) Alternate II (NOV 2016) of 52.219-9.

[ ] (iv) Alternate III (JUN 2020) of 52.219-9.

[ ] (v) Alternate IV (JAN 2025) of 52.219-9.

[X] (22)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[ ] (ii) Alternate I (MAR 2020) of 52.219-13.

[X] (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

f) [X] By the end of the performance period for each order issued under the contract.

[ ] (24) 52.219-16, Liquidated Damages- Subcontracting Plan (SEP 2021) (15 U.S.C.

637(d)(4)(F)(i)).

[ ] (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran- Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

[X] (26)(i) 52.219-28, Postaward Small Business Program Rerepresentation (JAN 2025) (15 U.S.C. 632(a)(2)).

[ ] (ii) Alternate I (MAR 2020) of 52.219-28.

[ ] (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

[ ] (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

[ ] (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[ ] (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).

[ ] (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2025) (E.O.

13126).

[ ] (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[ ] (34)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

[ ] (ii) Alternate I (FEB 1999) of 52.222-26.

[X] (35)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[ ] (ii) Alternate I (JULY 2014) of 52.222-35.

[X] (36)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.

793).

[ ] (ii) Alternate I (JULY 2014) of 52.222-36.

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

[X] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 13496).

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

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

[ ] (40) 52.222-54, Employment Eligibility Verification (JAN 2025) (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

[ ] (41)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[ ] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[ ] (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) (42 U.S.C. 7671, et seq.).

[ ] (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) (42 U.S.C. 7671, et seq.).

[ ] (44) 52.223-20, Aerosols (MAY 2024) (42 U.S.C. 7671, et seq.).

[ ] (45) 52.223-21, Foams (MAY 2024) (42 U.S.C. 7671, et seq.).

[X] (46) 52.223-23, Sustainable Products and Services (MAY 2024)[(Deviation FEB 2025)] (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

(a) Definitions. As used in this clause— Biobased product means a product determined by the U.S. Department of Agriculture

(USDA) to be a commercial product or industrial product (other than food or feed) that is composed, in whole or in significant part, of biological products, including renewable domestic agricultural materials and forestry materials, or that is an intermediate ingredient or feedstock. The term includes, with respect to forestry materials, forest products that meet biobased content requirements, notwithstanding the market share the product holds, the age of the product, or whether the market for the product is new or emerging. (7 U.S.C. 8101) (7 CFR 3201.2[7 CFR part 4270.2)]).

Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process. (42 U.S.C. 6903).

Sustainable products and services means products and services that are subject to and meet the following applicable statutory mandates and directives for purchasing:

(1) Statutory purchasing programs.

(i)[(1)] Products containing recovered material designated by the U.S. Environmental

Protection Agency (EPA) under the Comprehensive Procurement Guidelines (42 U.S.C.

6962) (40 CFR part 247) (https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products).

(ii)[(2)] Energy- and water-efficient products that are ENERGY STAR® certified or Federal Energy Management Program (FEMP)-designated products (42 U.S.C. 8259b) (10 CFR part 436, subpart C) (https://www.energy.gov/eere/femp/search-energy-efficient-products and https://www.energystar.gov/products?s=mega).

(iii)[(3)] Biobased products meeting the content requirement of the USDA under the BioPreferred® program (7 U.S.C. 8102) (7 CFR part 3201[7 CFR part 4270])) (https://www.biopreferred.gov).

(iv)[(4)] Acceptable chemicals, products, and manufacturing processes listed under EPA's Significant New Alternatives Policy (SNAP) program, which ensures a safe and smooth transition away from substances that contribute to the depletion of stratospheric ozone ( 42 U.S.C. 7671l) ( 40 CFR part 82, subpart G) (https://www.epa.gov/snap).

(2) Required EPA purchasing programs.

(i) WaterSense® labeled (water efficient) products and services

(https://www.epa.gov/watersense/watersense-products).

(ii) Safer Choice-certified products (products that contain safer chemical ingredients) (https://www.epa.gov/saferchoice/products).

(iii) Product and services that meet EPA Recommendations of Specifications, Standards, and Ecolabels in effect as of October 2023 ( https://www.epa.gov/ greenerproducts/recommendations-specifications-standards-and-ecolabels-federal-purchasing).

(b) Requirements.

(1) The sustainable products and services, including the purchasing program and type of product or service, that are applicable to this contract, and any products or services that are not subject to this clause, will be set forth in the statement of work or elsewhere in the contract.

(2) The Contractor shall ensure that the sustainable products and services required by this contract are—

(i) Delivered to the Government;

(ii) Furnished for use by the Government;

(iii) Incorporated into the construction of a public building or public work;

and

(iv) Furnished for use…

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