Attachment 2 Provisions and Clauses Region 9 Parking 70RCSJ26Q00000091.pdf

ATTACHMENT 2 – Provisions and Clauses

FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/browse/index/far

FAR Clauses Incorporated by Reference Provisions* & Clauses

Title Date

52.204-7* System for Award Management AUG 2025(DEVIATION 25-19) (effective November 28, 2025)

52.204-13 System for Award Management Maintenance OCT 2018 52.204-19 Incorporation by Reference of Representations and

Certifications

DEC 2014

52.209-2* Prohibition on Contracting with Inverted Domestic Corporations – Representation

NOV 2025

(DEVIATION 25-27)

(effective November 28, 2025)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

NOV 2025

(DEVIATION 25-27)

(effective November 28, 2025)

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

Aug 2025 (DEVIATION 25-21) (effective November 28, 2025)

52.222-50 Combating Trafficking in Persons OCT 2025 52.232-33 Payment by Electronic Funds Transfer-System for Award

Management

OCT 2018

52.233-3 Protest after Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.244-6 Subcontracts for Commercial Products and Commercial

Services

OCT 2025

System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications— Commercial Products and Commercial Services.

Contracting officers will not consider the following representations when making award decisions or enforce requirements:

• Paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services;

• Paragraphs (a)(1)(vii) and (a)(1)(viii) of 52.213-4, Terms and Conditions— Simplified Acquisitions (Other Than Commercial Products and Commercial Services).

Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

https://www.acquisition.gov/browse/index/far

Incorporated By Full Text

* FAR 52.212-1 Instructions to Offerors -- Commercial Products and Commercial Services (Aug 2025)(DEVIATION 25-21)(effective November 28, 2025) is incorporated into this solicitation. Quoters may obtain the full text version of this provision electronically at https://www.acquisition.gov/far-overhaul/far-part-deviation-guide

Quoters shall submit the following information as part of their quote:

- Total Firm-Fixed-Price quote for CLINs 0001 through CLIN 4001 in Attachment 3 Pricing of this solicitation. The fixed rate shall be inclusive of all services described in the Statement of Requirements.

- Confirmation that the Quoter can meet the parking structure, schedule, availability, and location requirements.

- The Offeror shall submit documentation with its quotation demonstrating ownership or legal control of the proposed parking facility. Acceptable documentation includes one or more of the following:

• Property tax records identifying the Offeror as the owner;

• A recorded deed;

• A current lease or management agreement granting the Offeror authority to lease parking spaces directly;

• Other documentation acceptable to the Contracting Officer demonstrating legal authority to provide the quoted parking space(s).

Failure to provide sufficient documentation may result in the quotation being determined unacceptable and ineligible for award.

Quotes must be submitted by the owner or authorized operator of the proposed parking facility. Quotes submitted by brokers, resellers, agents, intermediaries, or other third parties offering parking spaces they do not own or directly control are not acceptable and will not be considered for award.

Parking Space Ownership/Control. The Offeror shall be the owner of the parking facility or shall possess a legally enforceable right to lease and provide the parking space(s) directly to the Government for the entire period of performance, including all option periods, if exercised.

Subletting, brokering, reselling, or pass-through arrangements are not permitted. Quotes submitted by brokers, intermediaries, resellers, or entities offering parking spaces they do not own or directly control will not be considered for award.

(End of Provision)

*52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (AUG 2025)

(DEVIATION 25-21) (effective November 28, 2025)

(a) Evaluation factors. The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

As part of the technical acceptability determination, the Government will evaluate whether the Offeror has demonstrated ownership or legal control of the proposed parking facility. Failure to provide adequate evidence may render the quotation technically unacceptable.

The following factors will be used to evaluate offers:

• Factor 1: Parking Garage Access and Space Requirements

• Factor 2: Parking Location

Both factors are equally important and when combined, are more important than price.

For Factor 1: Parking Garage Access and Space Requirements and Factor 2: Parking Location, the Government will evaluate the extent to which the offeror is able to meet, at minimum, all the requirements outlined in Section

2.0 in the Statement of Requirement (Attachment 1 – SOR).

b) Options (if applicable). The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. The evaluation of options does not obligate the Government to exercise the option(s).

(c) Notice of award. A written notice of award or acceptance of an offer 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 award.

(End of Provision)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of clause)

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

(a) The Government may extend the term of this contract by written notice to the Contractor within the term on the contract provided the Government gives the Contractor a preliminary written notice of its intent to extend at least thirty (30) days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

FAR 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS (APR 2026)

(DEVIATION 26-10, Revision 2) (effective April 27, 2026)

(a) Definitions. As used in this clause— Program participation means membership or participation in, or access or admission to: training, mentoring, or leadership development programs; educational opportunities; clubs; associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.

Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.

(b) In connection with the performance of work under this contract, the Contractor agrees as follows:

(1) The Contractor will not engage in any racially discriminatory DEI activities;

(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;

(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;

(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer; and

(5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.

(6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).

(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States.

(End of clause)

HSAR 3052.212-70 Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items

(JUL 2023)

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference: [The Contracting Officer should either check the provisions and clauses that apply or delete the provisions and clauses that do not apply from the list. The Contracting Officer may add the date of the provision or clause if desired for clarity.]

(b) Clauses.

_X__3052.203-70 Instructions for Contractor Disclosure of Violations.

_X__3052.205-70 Advertisement, Publicizing Awards, and Releases.

_X__3052.242-72 Contracting Officer's Representative.

(End of clause)