Attachment H Solicitation Provisions.pdf

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Attached to
BUILDING 3853, RENOVATE SPACE FOR MENTAL HEALTH OFFICES
Solicitation number
N4008524R2599
Issued by

About this file

This document contains several Federal Acquisition Regulation (FAR) provisions related to a federal contract opportunity. The key details are:

The solicitation is for the renovation of Building 3853 to create mental health offices, issued by the Department of the Navy Naval Facilities Engineering Command. It is only open to contractors on the NAVFAC Mid-Atlantic 8(a) Multiple Award Construction Contract (MACC) ML-C00075. The document includes representations the offeror must make regarding the use of covered telecommunications equipment or services, delinquent federal tax liabilities, felony convictions, procurements from the Xinjiang Uyghur Autonomous Region, and prohibition on Russian fossil fuel business operations. Additionally, it notes there are no agency-specific policies and procedures for the definitization of equitable adjustments for change orders under construction contracts, and provides a link to current data on timely definitization of such adjustments for the Department of the Navy.

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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. (1) Representation. 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.

(End of provision)

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (FEB 2016)

a. As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing

Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that–

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the

Government.

b. The Offeror represents that–

(1) It is is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is is not a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region–

Certification (JUN 2023)

a. Definitions. “Forced labor” and “XUAR”, as used in this provision, have the meaning given in the 252.225-

7060, Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region, clause of this solicitation.

https://mcas-proxyweb.mcas-gov.us/certificate-checker?login=false&originalUrl=https%3A%2F%2Fwww.acquisition.gov.mcas-gov.us%2Ffar%2Fpart-52%3FMcasTsid%3D15600%23FAR_52_204_25&McasCSRF=10fcdb3f0f278aa05ee98900b87a73a80ee70d32fb082aa92bd54cdbf0f11fe2 https://mcas-proxyweb.mcas-gov.us/certificate-checker?login=false&originalUrl=https%3A%2F%2Fwww.sam.gov.mcas-gov.us%2F%3FMcasTsid%3D15600&McasCSRF=10fcdb3f0f278aa05ee98900b87a73a80ee70d32fb082aa92bd54cdbf0f11fe2

b. Prohibition. DoD may not knowingly procure any products mined, produced, or manufactured wholly or in part by forced labor from XUAR or from an entity that has used labor from within or transferred from XUAR as part of any forced labor programs, as specified in paragraph (b) of the 252.225-7060, Prohibition on Certain

Procurements from the Xinjiang Uyghur Autonomous Region, clause of this solicitation.

c. Representation. By submission of its offer, the Offeror represents that it has made a good faith effort to determine that forced labor from XUAR will not be used in the performance of a contract resulting from this solicitation.

252.225-7966 Prohibition Regarding Russian Fossil Fuel Business Operations – Representation (DEVIATION

2024-O0006, REVISION 1) (MAR 2024)

a. Definitions. The terms business operations and fossil fuel company have the meanings given in the

252.225-7967 clause of this solicitation.

b. Representation. By submission of an offer, the Offeror represents it is not, or that it does not knowingly have fossil fuel business operations with an entity or individual that is, 50 percent or more owned, individually or collectively, by –

1. An authority of the government of the Russian Federation; or

2. A fossil fuel company that operates in the Russian Federation, except if the fossil fuel company transports oil or gas – i.Through the Russian Federation for sale outside of the Russian Federation; and ii.That was extracted from a country other than the Russian Federation with respect to the energy sector of which the President has not imposed sanctions as of the date on which the contract is awarded.

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