RFP 954767-24-R-0529 Custodial Services_Revised 6.20.24.pdf

OTHER USHMM SOLICITATION REQUIREMENTS

SECTION B – SUPPLIES AND SERVICES AND PRICES/COSTS

B.1 SUPPLIES AND SERVICES. Offeror shall perform all services and deliver all work product to USHMM described in Section C, below, and otherwise in the awarded Proposal (USHMM Custodial Services), including without limitation:

B.1.1 Provide a comprehensive set of housekeeping/janitorial services for the areas identified in the scope of the Contract Tasks (Reference Section C.2) and all other requirements as stated in this RFP; and

B.1.2 Support a transition of the services from the incumbent.

B.2 PRICING STRUCTURE. Offerors shall submit a fully itemized cost as defined in RFP Section L.08 below.

B.3 LABOR CATEGORIES AND RATES. Offerors shall submit fully-burdened hourly rates for all relevant labor categories against which the cost of anticipated above standard services may be estimated.

B.4 PRICING WARRANTY. Contractor warrants that the prices for the supplies and services under this Contract are not greater than the prices charged to the Contractor’s most favorable customer under similar circumstances.

SECTION C – DESCRIPTION, SPECIFICATIONS, PERFORMANCE WORK

STATEMENT

C.1 BACKGROUND. A living memorial to the Holocaust, the United States Holocaust Memorial Museum (hereafter referred to as “USHMM” or “Museum”) inspires citizens and leaders worldwide to confront hatred, prevent genocide, and promote human dignity. As an independent establishment of the U.S. Government with gift acceptance authority, federal support guarantees the Museum’s permanence, and its far-reaching educational programs and global impact are made possible by donors, members, educators, universities, leaders in governments and the public, just to name a few.

C.2 The purpose of this request for proposal (RFP) is to invite prospective service providers (Offeror) to provide a fully responsive proposal to the requirements specified herein for USHMM’s Custodial and Related Services.

See “Performance Work Statement for Custodial and Related Services,” attached hereto as Exhibit 1.

C.3 The incumbent’s (Brooks & Brooks Services, INC) personnel are covered by a

Collective Bargaining Agreement with Public Service Employees Local Union 572 Laborer’s International Union of North America effective through September 30, 2024. A copy of the agreement is provided as an appendix to the Performance Work Statement (see Exhibit 1, Appendix J).

SECTION E - INSPECTION AND ACCEPTANCE

E.1 FAR 52.246-2 INSPECTION OF SUPPLIES--FIXED-PRICE (AUG 1996)

(Reference 46.302)

E.2 FAR 52.246-4 INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996)

(a) Definition."Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract.

The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may-

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may-

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service;

or

(2) Terminate the contract for default.

(End of clause)

E.3 It shall be the responsibility of the Contractor to ensure that all supplies and services provided hereunder conform to the specifications prior to delivery to USHMM.

E.4 Inspection by USHMM shall not relieve the Contractor of responsibility for any or all quality control aspects during the life of the contract. This shall include quality control for all items covered by this contract that may be subcontracted.

E.5 Neither USHMM’s reviews, approval, or acceptance of services and/or supplies, nor payment for any of the services or supplies required under this contract shall be construed to operate as a waiver of action arising out of the performance of this contract. Furthermore, the Contractor shall be and remain liable to USHMM in accordance with applicable law for all damages to USHMM caused by the Contractor’s negligent performance of any of the services or supplies furnished under this contract.

E.6 Acceptance by USHMM does not relieve the Contractor of responsibility for correction of errors or omissions that may arise after such acceptance of the errors and omissions are clearly at fault in Contractor’s performance.

SECTION F - DELIVERIES OR PERFORMANCE

FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(Reference 17.208)

F.1 PERIOD OF PERFORMANCE

F.1.1 The base period of performance of this Contract shall be from Contract award for 12 months.

F.1.2 USHMM shall retain up to four (4) subsequent one-year options thereafter, each exercisable at USHMM's sole discretion by written notice from the CO at any time prior to the expiration of the then-extant term, provided the Contractor is given at least thirty

(30) days prior written notice of the USHMM’s intent to extend. The duration of the awarded Contract including all extensions shall not exceed sixty (60) months from its effective date.

F.2 DELIVERABLES SCHEDULE

F.2.1 Offeror shall deliver to USHMM the supplies and services specified herein from the date of Contract start of services through the conclusion of the Contract. Specific deliverables including service dashboards and reports shall be determined during the transition phase and as necessary throughout the duration of the contract.

F.2.2 Offeror shall deliver a project plan with associated material to assist an orderly transition from the incumbent to Offeror. This shall be developed jointly and delivered prior to contract award.

F.2.3 Should Offeror fail to timely deliver any single deliverable, USHMM’s acceptance thereof shall not constitute a waiver of USHMM’s rights regarding the delivery date(s) of subsequent deliverable(s) under this Section.

F.3 FAR 22.103 OVERTIME.

F.3.1 22.103-1 Definition. “Normal workweek,” as used in this subpart, means, generally, a workweek of 40 hours. Outside the United States and its outlying areas, a workweek longer than 40 hours is considered normal if—

(1) The workweek does not exceed the norm for the area, as determined by local custom, tradition, or law; and

(2) The hours worked in excess of 40 in the workweek are not compensated at a premium rate of pay.

F.3.2 22.103-2 Policy. Contractors shall perform all contracts, so far as practicable, without using overtime, particularly as a regular employment practice, except when lower overall costs to the Government will result or when it is necessary to meet urgent program needs. Any approved overtime, extra-pay shifts, and multi shifts should be scheduled to achieve these objectives.

F.4 WORK HOURS. Museum public hours are from 10:00 a.m. to 5:30 p.m. daily;

extended hours run 10:00 a.m. – 6:30 p.m. Contractor hours of performance are provided in paragraph IV, R of Exhibit 1.

F.5 FAR 52.242-17 GOVERNMENT DELAY OF WORK (APR 1984) (Reference 42.1305)

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 USHMM REPRESENTATIVES. USHMM’s designated representatives and points of contact for purposes of this Agreement shall be the Contracting Officer (CO) and the Contracting Officer’s Representative (COR), as follows:

G.1.1 CO Responsibilities. The CO has the authority to enter into, administer, and terminate the Agreement. Communications pertaining to contractual administrative matters shall be addressed to the CO. No changes in or deviation from any of the Agreement’s provisions, terms, conditions, including without limitation the scope of work, cost, or terms provided herein shall be affected without a written modification to the Agreement executed by the CO authorizing such changes.

G.1.2 COR Responsibilities.

G.1.2.1 The Contracting Officer will designate, in writing, an authorized representative(s) to discharge such duties and responsibilities as may be delegated to him. The representative(s) will not have authority to change or alter any of the terms and conditions of the contract. The Contracting Officer is the sole authority to make changes in the contract. The Contractor will be furnished a copy of the COR delegation.

G.1.2.2 The COR will provide technical direction on contract performance. Technical direction includes: (1) direction to the Contractor which assists in accomplishing the statement of work; and (2) comments on and approval of reports or other deliverables.

G.1.2.3 Technical direction must be within the contract's statement of work. The COR does not have the authority to issue technical direction which: (1) institutes additional work outside the scope of the contract; (2) constitutes a change; (3) causes an increase or decrease in the estimated cost of the contract; (4) alters the period of performance;

(5) changes any of the other express terms or conditions of the contract.

G.1.2.4 The COR will issue technical direction in writing or confirm such direction in writing within five (5) calendar days after verbal issuance.

G.1.3 Contractor is advised that any reliance on direction from other than the CO or a COR acting within the strict limits of the responsibilities as set forth above is undertaken at Contractor’s own risk and expense, as such actions do not bind USHMM contractually. All questions concerning the authority of a USHMM employee to direct the Contractor contractually should be referred to the CO.

G.2 CONTRACTOR REPRESENTATIVES. Contractor shall designate as Key Personnel a contract manager and a project manager (the main onsite point of contact for USHMM) for the Contract. All Contractor personnel are provided below, specifically identified as “Key Personnel” or else as generally defined to meet the minimum qualifications provided below. (Offerors shall provide this information in their technical proposal, and such information shall be treated as though reproduced below.)

G.2.1 General. The following person shall be contracted in the event of award for prompt Agreement notification and administration concerning specifications, schedules, and other necessary Agreement matters:

(Name)____________________________________ (Title)____________________________________ (Street Address)____________________________ (City, State, Zip)____________________________ (Telephone & Facsimile No.)__________________ (E-mail address) ____________________________

G.2.2 Key Personnel & Subcontractors.

G.2.2.1 Contractor shall include the subcontractor(s) and key personnel to be assigned under this Agreement those persons listed below: (Offerors shall provide this information in their technical proposal, and such list shall be treated as though reproduced below.)

NAME LABOR CATEGORIES

G.2.2.2 Contractor shall not remove the Key Personnel assigned to this project without the consent of USHMM. Contractor also will not remove such Key Personnel until he/she is replaced with a person/firm of equal or higher qualifications.

G.2.2.3 Contractor shall not enter into any subcontracts other than those identified above for any of the work under this Contract without obtaining the prior written approval of the CO.

G.2.3 Qualifications of Contractor Personnel and Minimum Experience.

G.2.3.1 To fulfill the requirements herein described and otherwise demonstrate to the COR that staff and/or subcontractors dedicated to this project other than those Key Personnel defined above have the skills and experience level as described in Contractor’s Proposal. All Contractor personnel assigned to this Contract are subject to USHMM review in accordance with the provided level of qualifications.

G.2.3.2 USHMM shall reserve the right to recommend dismissal of a Contractor’s employee or subcontractor whose performance is detrimental to the satisfactory completion of contractual obligations. In addition, Contractor personnel found unacceptable by USHMM at any time shall be removed from performing under this Contract. The CO shall deliver such notification in writing to the Contractor.

G.3 SUBSTITUTION OF REPRESENTATIVES. The parties shall advise one another in writing of any substitution for said representatives.

G.4 NOTICES. Any legal notices required hereunder shall be in writing and deemed delivered upon actual receipt of such notice when hand-delivered or sent by certified mail, postage prepaid, return receipt requested, or overnight express courier to the address first set forth above marked to the attention of the signatory of this Agreement for the party, or to such other address or person as a party may designate in writing from time to time.

G.5 INVOICES

G.5.1 Contractor shall submit an invoice(s) to the COR upon satisfactory completion of the work or otherwise in a manner consistent with Contractor's Proposal for completed deliverables and services received and accepted by the COR. Invoices shall be submitted to this email address accountspayable@ushmm.org. To constitute a proper invoice, the invoices must include the following information and/or attached documentation:

● Name of Business Concern and invoice date

● Contract Number or other authorization for performance of service

● Description, price, and quantity of services delivered or rendered

● Name, title, phone number, and complete mailing address of the responsible official to whom payment is to be sent.

G.5.2 Nonpayment for Additional Work. Any additional services or services representing a change to work specified herein or as defined in the applicable task order performed by Offeror, either at the Offeror’s own volition or at the request of an individual other than a duly appointed CO except as may be explicitly authorized in this Agreement are not authorized and will not be paid. Only a duly appointed CO is authorized to change the specifications, terms, and conditions in this Agreement. Any such change shall be issued by the CO through a written amendment(s) or modification(s) to this Contract.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 CONTRACT TERMS & CONDITIONS. The terms and conditions provided herein and otherwise implicit to federal contracting shall apply to this Contract and shall take precedence over any inconsistent terms and conditions to be found in agreement(s) and license(s) which may be attached to or submitted in conjunction with Contractor’s Proposal.

H.2 USE OF MUSEUM NAME

H.2.1 Contractor shall not use the name of USHMM in any news release, public announcement, advertisement, or any other form of publicity, or disclose any of the terms of this Agreement to any third party without the prior written consent of USHMM.

H.2.2 Contractor shall not use USHMM’s name, trademarks, or any other language, pictures, or symbols that could, in USHMM’s judgment, imply USHMM’s identity or endorsement by USHMM or any of its employees in any (1) written, electronic, or oral advertising or presentation or (2) brochure, newsletter, book, electronic database, or other written material of whatever nature, without USHMM’s prior written consent.

H.2.3 Inclusion of Section. Contractor shall include the terms of this Section (“Use of Museum Name”) in any contracts with other parties providing services related to the performance of this Agreement, such as but not limited to subcontractors.

H.3 TRAVEL AND EXPENSE. The scope of work under this section does not anticipate any Contractor travel, and all travel shall be subject to Museum's prior review and approval. Travel expenses are to be reimbursed according to GSA travel guidelines and are to include lodging and travel expenses only. All expenses for food and incidentals are solely the responsibility of the Contractor and shall not be reimbursed by the Museum.

H.4 SAM DATABASE COMPLIANCE

H.4.1 Offeror is required to be registered in SAM (www.sam.gov) when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

Offerors not registered in SAM when submitting an offer will be considered non responsive and will not be considered further. Offeror is responsible, during performance and through final payment, for the accuracy and completeness of the data within SAM (System for Award Management: www.sam.gov) database, and for any liability resulting from USHMM’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, Offeror is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate, and complete. Updating information in SAM does not alter the terms and conditions of this Agreement and is not a substitute for a properly executed contractual document.

H.4.2 Contractor shall not change the name or address for electronic funds transfer (EFT) payments or manual payments as appropriate in the SAM record to reflect an assignee for the purpose of assignment of claims. Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor shall be considered to be incorrect information.

H.5 SUITABILITY. In order to protect the Museum’s proprietary information, contractors who are assigned to work on a Museum contract, whether onsite or offsite, and whom require a Museum badge, network access or access to sensitive Museum information, are required to go through a Suitability Determination and FBI Fingerprint Criminal Background Check through OPM upon entry of service, and then annually thereafter.

Fingerprints are taken in the Museum’s Badging Office. For individuals who are outside of the Washington, D.C. area, directions will be provided for them to complete the process at a designated Federal facility in their area. Vendors are required to provide a Summary Report for each individual working on the contract. This form will be provided by the Museum Contracting Officer’s Representative (COR) and the information to be verified can include any or all of the following:

● U.S. citizenship or work authorization,

● satisfactory credit history (based upon the sensitivity of the work to be completed),

● employment history (past 3, 5 or 7 years depending upon the sensitivity of the work to be completed),

● education history (to include degrees and dates received),

● satisfactory reference checks,

● and possibly drug testing with negative results (based upon the sensitivity of the work to be completed.)

All criminal background reports are reviewed by a designated member of the Division of Protection Services (DPS), and if negative or derogatory information is obtained during this process, an adjudication process will take place, which may involve an interview of the individual to make a final determination of their suitability to work on a Museum contract. This process takes approximately two weeks, and no individual will receive a Museum Badge, Network Access or access to sensitive Museum proprietary information without a final determination of their suitability for work at the Museum. If an individual disagrees with a suitability determination after the adjudication process has taken place, they may appeal that decision to the Museum’s Director, Division of Protection Services.

SECTION I - CONTRACT CLAUSES

52.212-1 Instructions to Offerors- Commercial Products and Commercial Services (Sep 2023)

52.212-3 Offeror Representations and Certifications—Commercial Items. (NOV 2023) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision. (a) Definitions. As used in this provision— "Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program. Forced or indentured child labor means all work or service— (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following:

ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials; (2) Product or Service Group (PSG) 87, Agricultural Supplies; (3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

"Sensitive technology"— Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern—

(1) Means a small business concern— (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16).

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

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

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

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

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women

Women-owned small business concern means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and

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

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. (b) (1) Annual Representations and Certifications.

Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM. (2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.] (c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that—

(i) It □ is, □ is not a small business concern; or

(ii) It □ is, □ is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.]

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [ Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that— (i) It □ is, □ is not a service disabled veteran-owned small business concern; or (ii)It □ is, □ is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.

(4) Small disadvantaged business concerns. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in

13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern.

(6) WOSB joint venture eligible under the WOSB Program. The offeror represents that it

□ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.]

(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.] (8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that (i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1));

and (ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ______.] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status. (d) Representations required to implement provisions of Executive Order11246

(1) Previous contracts and compliance. The offeror represents that (i) It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It □ has, □ has not filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that (i) It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.gov/ U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American-Supplies, is included in this solicitation.)

(1)

(i) The Offeror certifies that each end product and that each domestic end product listed in paragraph (f)(3) of this provision contains a critical component, except those listed in paragraph (f)(2) of this provision, is a domestic end product.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”. (iii) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105). (iv) The terms “commercially available off-the-shelf (COTS) item,” “critical component,” “domestic end product,” "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(2) Foreign End Products:

Line Item No. Country of Origin Exceeds 55% domestic content (yes/no)

52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services (Nov 2023)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders — Commercial Products and Commercial Services. (DEC 2023)

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 and Other Covered Entities (Nov 2021) (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: [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.)

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved] __ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) ( Pub. L.

111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) ( Pub. L. 111-117, section 743 of Div. C).

X(8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C.

6101 note).

X(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (10) [Reserved] __ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).

__ (12) 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). __

(13) [Reserved] X (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C.

644).

__ (15) (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.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C.

637(d)(2) and (3)).

__ (17)

(i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) (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 (Sep 2021) of 52.219-9.

__ (18)

(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 (19) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637s).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C.

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

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) (15 U.S.C. 657f).

__ (22)

(i) 52.219-28, Post Award Small Business Program Representation (Mar 2023) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

__ (23) 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)).

__ (24) 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)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a) (17)).

X(27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755). X(28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126).

X (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). X (30)

(i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246). __ (ii) Alternate I (Feb 1999) of 52.222-26.

X (31)

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

__ (ii) Alternate I (Jul 2014) of 52.222-35.

X(32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

X(33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

X (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X(35)

(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).

X(36) 52.222-54, Employment Eligibility Verification (May 2022) (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.)

__ (37)

(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.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693). __ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O.

13693).

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514). X(44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693) __ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a). __ (ii) Alternate I (Jan 2017) of 52.224-3.

X(48) (i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

__ (ii) Alternate I (Oct 2022) of 52.225-1.

__ (49)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Dec 2022) (19

U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109- 53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. __ (ii) Alternate I [Reserved].

__ (iii) Alternate II (Dec 2022) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3 __ (50) 52.225-5, Trade Agreements (Dec 2022) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

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).

__ (52) 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).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021). __ (56) 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).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

X(58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332). _ _ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). X(60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(13)).

__ (63) (i) 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).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Nov 2021) of 52.247-64

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to…