A23 HQ003425R0075_Combined Synopsis_RFP.pdf

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

Lawn Mowing and Landscaping Services

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format under Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only Solicitation; quotes are being requested, and a written Solicitation will not be issued.

1. The Solicitation number is HQ003425R00075. This Solicitation is a Request for Proposal (RFP).

2. This Solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2024-03. Offerors must be registered on the System for Award Management

(SAM).

3. The Contractor is responsible for being familiar with the applicable clauses and provisions. The clauses may be accessed in full text at this address: https://www.acquisition.gov.

4. This acquisition is 100% set aside for Small Businesses. The associated North American Industrial Classification Systems (NAICS) code for this procurement is 561730 Landscaping Services, an associated small business size standard of $9,500,000.00.

5. This Blanket Purchase Agreement (BPA) is for a five-year ordering period from the date of the award. The combined value of all BPA Calls (Master BPA Limit) issued under this BPA will not exceed $130,000.00. If the combined value of all calls issued under this BPA reaches the call ceiling limit at any time during the period of performance, no additional calls will be issued unless the Agreement is modified.

6. The Washington Headquarters Service, Acquisition Directorate (WHS/AD) intends to procure Lawn Mowing and Landscaping Services for the Defense Security Cooperation University (DSCU). The contractor shall provide the services for DSCU in accordance with the Performance Work Statement (PWS). The Government anticipates awarding a multiple-award BPA for this requirement.

Offerors shall submit separate documentation in accordance with FAR 13.5, Simplified Acquisition Procedures for Certain Commercial Items. See the attached Statement of Work and Pricing Template.

7. Solicitation Dates and Time

Question Submission Due Date and Time: February 7, 2025, at 10:00 a.m. EST

Offer Submission Due Date and Time: February 18, 2025, at 10:00 a.m. EST https://www.acquisition.gov/

BLANKET PURCHASE AGREEMENT TERMS AND CONDITIONS

1. Blanket Purchase Agreement (BPA)

1.1. Authority: This Blanket Purchase Agreement is entered into under the authority of 10 USC 2304 and the Federal Acquisition Regulation Part 13.303, BPA.

1.2. Description of Agreement: .A BPA will be awarded an ordering period of five years. The Contractor shall provide all personnel, equipment, supplies, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform lawn mowing and landscaping services as defined in the attached Performance Work Statement (PWS).

1.3. Extent of Obligation: The Government is obligated only to the extent of authorized purchases actually made under the BPA. Funds will be obligated on individual call orders placed against the BPA. In accordance with FAR 16.702(c), no monetary obligation in the form of a minimum guarantee or otherwise will be made with the establishment of this BPA. Additionally, all call orders will be placed over the phone or via email. The Government reserves the right to cancel this BPA at any time and is bound only to the extent the Contractor must be given thirty (30) days written notification prior to exercising this right.

The Government is under no obligation to exercise any options contained in this BPA or any order resulting from this BPA. Each option is considered severable, is subject to FAR Clause 52.217-9 Option to Extend the Term of the Contract (Mar 2000), and may only be exercised by the unilateral determination of the Government Contracting Officer based on the best interests of the Government.

1.4. Authorized BPA Callers: The principal users of the BPA will be DSCU.

Individuals authorized to place calls against this BPA shall be appointed and identified to the contractor in writing. The appointment letter shall identify individuals either by title of position or by name of individual. The letter will include organizational component, and the dollar limitation per purchase for each position title. For centralized BPA’s, all calls will be generated from the contracting office.

1.5. Purchase Limitation: This BPA will have a 5-year ordering period from the date of the award. The combined value of all BPA Calls (Master BPA Limit) issued under this BPA will not exceed $130,000.00. If the combined value of all calls issued under this BPA reaches the call order ceiling limit at any time during the period of performance, no additional calls will be issued unless the Agreement is modified.

1.6. Ordering: Orders will be placed by the Washington Headquarters Services, Acquisition Directorate. The ordering Contracting Officer shall ensure compliance with all rules and regulations.

1.7. Invoices: Payments will be made through Government Credit Card unless the BPA Call Order is over the $25,000.00 threshold. The Contractor shall accept credit card payments. The credit card holder will be identified at time of award.

The contractor shall send a monthly Detailed Billing Report for approval prior to billing the GPC.

Once, the copies of the receipt(s) have been approved for GPC payment, the Contract Officer Representative (COR) will submit invoice for GPC payment.

The requirements of a proper invoice are as specified in FAR 52.212-4. The full text of this clause can be found at the website http://acquisition.gov. In addition, the reseller shall follow the terms of DFARS 252.232- 7003, Electronic Submission of Payment Requests, and Receiving Reports. The reseller shall submit an original invoice through Wide Area Workflow (WAWF) in accordance with the order instructions. Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

2. BPA Administrator: Washington Headquarters Services Acquisition Directorate Enterprise Security & Services Division http://acquisition.gov/

4800 Mark Center Drive Alexandria, VA 22350

2.1. Issuance of Calls: BPA Calls will be made to the awardee of the BPA by using the PWS.

2.2. Obligation of Funds: Funds will be obligated on individual BPA Calls placed against the respective BPA. In accordance with FAR 13.303-3(a)(2), the Government is obligated only to the extent of authorized purchases made under the BPA.

2.3. BPA Pricing: Prices to the Government are in accordance with the Device Training Price List submitted by the contractor and approved by the Contracting Officer (CO). The prices on the BPA will be reviewed annually or as required by the CO to determine whether they are fair and valid.

Prices shall not escalate during the term of the BPA. The Government reserves the right to add new products to the BPA during the term of this Agreement. Suppose any products are discontinued, improved, and replaced at any time during the Ordering Period of this BPA. In that case, the reseller shall provide the proposed new price or a new item, and a new price list must be submitted. Please allow up to five calendar days' grace period between submissions of the new price list, if any.

(End)

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 60 Months

Lawncare Services

FFP

The contractor shall provide lawn care services, in accordance with Section 5.2.1 of the Performance Work Statement ("PWS"), attached documents, and all other requirements listed in this document.

FOB: Destination S208

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 60 Months

Landscaping Services

FFP

The contractor shall provide landscaping services, in accordance with Section 5.2.2 of the Performance Work Statement ("PWS"), attached documents, and all other requirements listed in this document.

FOB: Destination S208

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 25-FEB-2025 TO

24-FEB-2030

N/A DEFENSE SECURITY COOP AGENCY

(DSCA HQ)

JESSICA ECKER

201 12TH STREET, SOUTH

ARLINGTON VA 22202

937-713-3312 FOB: Destination

HQ0013

0002 POP 25-FEB-2025 TO

24-FEB-2030

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

HQ0013

52.212-1 ADDENDUM

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(MAR 2023) “ADDENDUM”

A. OFFER SUBMISSION DETAILS

Washington Headquarters Services (WHS) Acquisition Directorate (WHS/AD) is releasing this solicitation electronically only through https://SAM.gov. This electronic version of the RFP is the official version of this acquisition. No hard copy of this solicitation will be issued.

Offerors will be notified electronically via PIEE of all applicable amendments to this solicitation. Offerors shall submit their offers electronically via email to whs.ncr.ad.mbx.dsca-group@mail.mil. Any offer received after the due date and time specified for receipt will be considered late and will be rejected.

The Government anticipates awarding a multiple award Blanket Purchase Agreement (BPA) to the responsible 100% small business offeror(s) that submits the lowest price technically acceptable (LPTA) Firm Fixed Price (FFP) offer.

All offerors must comply with the following instructions for offer format and content. Offers that do not comply with these instructions may render the offeror ineligible for award. The offeror shall submit documentation illustrating its approach to satisfying the requirements of this solicitation. Offers must be clear, coherent, and prepared in sufficient detail for effective evaluation of the offer against the evaluation criteria. The documentation shall address all aspects of this solicitation and include the offeror’s approach to performing and satisfying the requirements specified in the Performance Work Statement (Attachment 1 PWS).

Offerors are hereby instructed that, regardless of any language that may be used in this solicitation, the Department is NOT conducting this procurement under FAR (Federal Acquisition Regulation) Part 15,” Contracting by Negotiation.” This procurement is being conducted under FAR Part 12, “Acquisition of Commercial Items” and FAR Part 13.5, “Simplified Procedures for Certain Commercial Products and Commercial Services”.

https://sam.gov/ mailto:whs.ncr.ad.mbx.dsca-group@mail.mil

QUESTIONS AND OFFER SUBMISSION

QUESTIONS: All questions, concerns, or requests for clarification for this RFP shall be submitted via the email to whs.ncr.ad.mbx.dsca-group@mail.mil by 10:00am EST on February 7, 2025.

Offerors shall not include any proprietary information in a question, as the Government will provide the questions and answers to all potential offerors. No phone calls are permitted. No comments, questions, or inquiries shall be made by any government person by any means other than electronic submission via the above method.

The Government may not respond to questions received after this date and time. Offerors shall identify the specific section of the solicitation to which each question relates when submitting questions. Reference should be made to the solicitation Section Heading, page number of the solicitation, and specific location on the page (e.g., third paragraph) to facilitate the Government’s response to each question. Questions shall be submitted in a Microsoft Excel file following a format similar to the table below:

Question No. Reference Category Question #1 Solicitation, Amendment, or SOW Section # Contract or Technical Enter Question

OFFER SUBMISSION

1) All offers shall be received no later than the due date of February 18, 2025, at 10:00 a.m. EST. Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f). Ensure that the solicitation number and project name, “HQ003425Q0075 DSCU Lawn Mowing and Landscaping”, are stated in the subject line.

2) Electronic copies of each volume of the offer shall be submitted to whs.ncr.ad.mbx.dsca-group@mail.mil by the due date and local time in Block 8. Offers submitted by any other means will not be evaluated. It is the responsibility of the offeror to confirm receipt of offers. All offers received after the exact time specified for receipt shall be treated as late submissions and will not be considered except under facts and circumstances allowed by the Federal Acquisition Regulation (FAR).

3) The offer shall address the requirements listed in the PWS. In addition, all offerors shall include the labor category, labor rate, and labor hours for the services requested in the PWS attached to their offer.

B. SITE VISITS

Site visits and base escort can be coordinated via contact with the Facilities Manager, Alyssa Dean, and the Contracting Officer’s Representative (COR), Jessica Ecker. Contact information is below:

1. Alyssa Dean

a. Alyssa.j.dean2.civ@mail.mil

b. (937) 713-3230

c. Mon-Fri: 0900-1600

2. Jessica Ecker

a. Jessica.l.ecker.mil@mail.mil

b. (202) 603-2459

c. Mon-Fri: 0900-1600

Site visits must be conducted no earlier than 10:00am (EST) on Thursday, February 6, 2025, between 3:00pm (EST) on Tuesday, February 11, 2025. Earlier calendar visits are suggested. Scheduling attempts made after the 3:00pm EST deadline of February 11, 2025 may not be honored.

C. OFFER VOLUME REQUIREMENTS

The following are descriptions of the information that shall be provided with the offer. ALL THREE (3) VOLUMES MUST BE SUBMITTED WITH YOUR

OFFER.

Volume # Description Page Limit I Administration

No Limit Part 1

(1) Offers shall remain valid for a period of not less than 120 calendar days after the offer due date.

(2) Names and telephone numbers of person(s) authorized to conduct negotiations and bind the offeror’s organization.

(3) Company address. UEI, size standard, and CAGE Code

(4) Listing of all subcontractors and their CAGE code

(5) Signed SF1449 and any SF30s (amendments), if issued.

Part 2 Completed Clauses/Provisions: FAR 52.204-17, FAR 52.204-24, FAR 52.204-26, 52.212-3 Alt I, FAR 52.219-1, FAR 52.219-1, FAR 52.219-28, 252.204-7007, 252.219-7009 (signature only).

No Limit

II PASS/FAIL

1. Proof of liability insurance

2. NAICS code – Offeror’s business size information relative to the solicitation’s designated NAICS.

No Limit

III Technical Approach Three Pages

IV Price Completed Price Template via MS Excel (Attachment 2) No Limit

Instructions for Quote Submittal: Quotes submitted in response to the solicitation shall be formatted as follows:

1) Text – Text shall be single-spaced, with a minimum one-inch margin all around. Pages shall be numbered consecutively.

2) Font Size – Minimum of 12-point font size. Bolding, underlining, and italics may be used to identify topic demarcations or points of emphasis. Graphic presentations, including tables, though not subject to the same font size and spacing requirements, shall have spacing and text that is easily readable.

3) Labeling – The number of pages shown in the table above should be submitted in electronic format.

Responses to Technical Approach & Capability and Price shall be in separate electronic folders (files). A cover letter shall be inserted in each folder (file), marked as to the RFQ identification, date of submittal, acknowledgment of any amendments, the offeror’s name, address, Taxpayer ID number, CAGE code, and the offeror’s POC name, phone, and email. The cover letter shall not count against any page limitation.

The Government shall not evaluate or consider pages that exceed the maximum page length above.

Documents incorporated by reference or as attachments to the proposal shall be included in the overall maximum page lengths and not considered or evaluated if they exceed the maximum page length.

4) Pricing Data – Price information shall be completed in the pricing templates attached to the Solicitation and addressed in Volume IV – Price. The pricing templates shall be completed for Attachment 2 – Pricing Matrix. All unit prices shall be rounded to the nearest cent, and the total price (entire 5-year ordering period) costs shall be rounded to the nearest dollar. All price information must be submitted using the attached price template.

D. PASS/FAIL CRITERIA (VOLUME II)

The Government requests the following information, which will be evaluated on a pass/fail basis. If an offeror receives a fail for any of the below criteria, the offeror’s quote will not be evaluated any further and will be deemed ineligible for award.

• The offeror shall submit evidence that their small business size standard corresponds to the NAICS assigned to this BPA. This requirement is 100% set-aside for Small Business concerns under NAICS Code 561730 Landscaping Services.

E. TECHNICAL (VOLUME III)

The offeror shall submit sufficient information for the Government to comprehensively evaluate the offeror’s technical approach to meet the PWS requirements for successful performance. The offer shall describe the methods and techniques used to complete each task and discuss managing all aspects of this requirement.

All items provided by offerors must meet the minimum requirements specified in this solicitation.

F. PRICE (VOLUME IV)

The offeror shall provide a firm-fixed price for the Lawn Mowing and Landscaping Services in Attachment 2 Pricing Matrix and the PWS for the entire 5-year ordering period.

(End of provision)

52.212-2 ADDENDUM

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

1. BASIS FOR AWARD

The Government will award a Multiple Award Blanket Purchase Agreement (BPA) from this solicitation to the responsible offeror(s) whose offer(s) conforming to the solicitation will be most advantageous to the Government, price, and other factors considered. Offerors must satisfy the requirements described in the PWS and other RFP requirements.

2. PASS/ FAIL CRITERIA

The government will only evaluate a quote if it satisfies the element below. If an offeror receives a fail for this criteria, the offeror’s quote will not be evaluated any further and will be deemed ineligible for award.

• The offeror shall submit evidence that their small business size standard corresponds to the NAICS assigned to this BPA. This requirement is 100% set-aside for Small Business concerns under NAICS Code 561730 Landscaping Services.

3. EVALUATION FACTORS

The evaluation will be based on a complete assessment of the offeror’s proposal. Proposals shall be evaluated on the following two factors:

Factor 1 – Technical Approach (Volume III) Factor 2 – Price (Volume IV)

For evaluation purposes, the Government will evaluate selections based on the lowest-priced offer and then determine technical acceptability. If the lowest-priced offer is not technically acceptable, then the next lowest offer will be evaluated.

Factor 1 – Technical Approach:

The Government will evaluate the adequacy of the offeror’s approach and completeness of the requirements for Lawn Mowing and Landscaping Services specified in the solicitation and all attached documents, including the PWS, as demonstrated by the proposed technical approach. The proposal shall be sufficiently complete to demonstrate how the Offeror will comply with Government tasking and requirements throughout the performance period for Lawn Mowing and Landscaping Services.

Table A-1. Technical Rating Acceptable Quotation meets the minimum requirements of the solicitation.

Unacceptable Quotation does not meet the minimum requirements of the solicitation.

Factor 2 – Price

The Government will evaluate the total quoted price under FAR 13.106 (Evaluation of Quotations). The evaluation will be based on the pricing techniques to determine if they are fair and reasonable. The offeror’s price must be found fair and reasonable to be eligible for award.

For evaluation purposes only, the total evaluated price is the sum for the BPA consisting of the total prices submitted for the 5-year ordering period for the Firm Fixed Price (FFP) CLINs and the device training courses under Tab 1A in the Pricing Template.

(a) Options. The Government will evaluate offers for award purposes by adding the total price for all ordering periods to the total price for the basic requirement. The government may determine that an offer is unacceptable if the prices of the ordering period are significantly unbalanced. Evaluation of the ordering periods shall not obligate the Government to exercise the ordering period(s).

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

(End of provision)

CLAUSES INCORPORATED BY REFERENCE

52.204-6 Unique Entity Identifier OCT 2016 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-12 Unique Entity Identifier Maintenance OCT 2016 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

52.204-22 Alternative Line Item Proposal JAN 2017 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab Covered Entities

DEC 2023

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

SEP 2023

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

NOV 2023

52.217-5 Evaluation Of Options JUL 1990 52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.219-28 Post-Award Small Business Program Rerepresentation FEB 2024 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-50 Combating Trafficking in Persons NOV 2021 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.229-12 Tax on Certain Foreign Procurements FEB 2021 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-11 Extras APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-34 Payment By Electronic Funds Transfer--Other Than System for Award Management

JUL 2013

52.232-36 Payment by Third Party MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

JAN 2023

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7022 Expediting Contract Closeout MAY 2021 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2024)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 561730 Landscaping Services.

(2) The small business size standard is $9,500,000.

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

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

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

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

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

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

[ ] Paragraph (d) applies.

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

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

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

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

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

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

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

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

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

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

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

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

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

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

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

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

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

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

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

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

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

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

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.

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

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates II and III.)

This provision applies to solicitations containing the clause at 52.225-3.

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

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

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

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

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

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

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

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

[Contracting Officer check as appropriate.]

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

(ii) 52.204-20, Predecessor of Offeror.

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

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

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

(vi) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

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

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

FAR Clause Title Date Change

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

https://www.sam.gov/

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)

(a) Definitions. As used in this provision--

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name)

52.204-20 Predecessor of Offeror (AUG 2020)

(a) Definitions. As used in this provision--

Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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

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.

(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ____ (or mark “Unknown”).

Predecessor legal name: ____.

(Do not use a “doing business as” name).

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

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

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

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

(d) Representations. The Offeror represents that--

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

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--

REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or

State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i)…