AWMA RFQ - Iowa.pdf

United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS)

Area Wide Market Analysis (AWMA)

FOR SOLICITATION INFORMATION: Julie Simpson julie.simpson@usda.gov Phone: 816-926-1200

Crystina Lopez crystina.lopez@usda.gov Phone: 202-471-2360

QUESTIONS DUE: May 11, 2022

12:00 PM EST

OFFER DUE DATE/LOCAL TIME: May 19, 2022

12:00 PM EST

mailto:william.grubbs@usda.gov mailto:crystina.lopez@usda.gov

A Solicitation/Contract Form

A.1 SF 1449 – to be provided upon award

A. 2 Department/Agency

A.2.1 United States Department of Agriculture (USDA)

Natural Resources Conservation Service (NRCS)

A.3 Contracting Office

A.3.1 Farm Production and Conservation - Business Center

Acquisition and Procurement Division Section 1 - Operations Branch

A.4 Contracting Officer/Contract Specialist

A.4.1 Contracting Officer Julie Simpson, Email: julie.simpson@usda.gov Phone: 816-926-1200

A.4.2 Contract Specialist Crystina Lopez, Email: crystina.lopez@usda.gov Phone: 202-471-2360

A.4.3 Any USDA FPAC BC Contracting Officer can act on this contract should the need arise.

A.4.4 A Contracting Officer is the only individual who can legally commit or obligate the Government for the expenditure of public funds. Only the contracting officer has authority to: (1) increase or decrease the award amount; (2) direct or negotiate any changes; (3) modify or extend the period of performance; (4) change the schedule of completion; (5) authorize payment under this order;

(6) otherwise modify any terms or conditions of this Contract.

A.5 Program Office

A.5.1 Natural Resources Conservation Agency Iowa State Office

A.5.2 Point of Contact: To Be Provided Upon Award

A.5.3 The program office point of contact will act as the liaison to coordinate activities between the

Contractor and Contracting Officer, as required, in the performance of the work under this contract. They have the authority to provide technical clarification of the contract requirements but does not have the authority to modify any contract provisions, including, without limitation, changing the scope of work, the cost/price thereof, or the performance delivery schedule(s) therefore. Technical clarification will be issued in writing within 5 (five) calendar days after verbal issuance.

End of Section mailto:julie.simpson@usda.gov mailto:crystina.lopez@usda.gov

B SF 1449 Services/Supplies and Prices/Costs

B.1 Contract Type

B.1.1 Purchase Order

B.1.2 Firm Fixed Price

B.2 Pricing

B.2.1 The firm fixed price for the entire order is $____________. (To be provided upon award)

B.2.2 The fixed price for each period (to be provided upon award) is as follows:

Line Item

Category Unit Base Period Rate

Option Period 1

Rate

Option Period 2

Rate

Option Period 3 Rate

Option Period 4

Rate 001 Initial AWMA EA $ N/A N/A N/A N/A

002 Annual

Recertifications

EA N/A $ $ $ $

003 AWMA

Amendment

EA N/A $ $ $ $

B.2.3 Period of Performance dates are as follows (dates are approximate and will be determined upon award):

B.2.3.1 Base Period – 06/1/2022 – 09/30/2022

B.2.3.2 Option Period 1 – 10/01/2022 – 09/30/2023

B.2.3.3 Option Period 2 – 10/01/2023 – 09/30/2024

B.2.3.4 Option Period 3 – 10/01/2024 – 09/30/2025

B.2.3.5 Option Period 4 – 10/01/2025 – 09/30/2026

C Statement of Work

C.1 Background

C.1.1 1. The United States of America, acting through the United States Department of Agriculture’s Natural Resources Conservation Service (NRCS), purchases conservation easements to assist the landowners in restoring, protecting, and enhancing wetlands.

These lands may be placed under a conservation easement through the Agricultural Conservation Easement Program -Wetland Reserve Easement Component (ACEP-WRE).

2. The purpose of ACEP-WRE is to protect, restore, and enhance the functions and values of wetland ecosystems and lands enrolled are farmed or converted wetlands, former or degraded wetlands, agricultural lands that altered by flooding or soil saturation and water table elevation as a result of offsite or subsurface hydrologic changes, riparian areas, or land currently or previously enrolled in the conservation reserve program (CRP).

Previously restored lands and adjacent lands are also included in the areas enrolled in

ACEP-WRE.

3. NRCS plans to obtain an Areawide Market Analysis (AWMA) for and initial fiscal year (FY) and subsequent annual recertifications or AWMA amendments for each following FY not to exceed 4 additional years. The FY begins October 1st and ends September 30th.

4. All Areawide Market Analyses (AWMA) completed for ACEP-WRE must comply with instructions provided by NRCS.

a. Proposed market areas are determined by the NRCS State Conservationist and identified in exhibit 1.

b. Proposed land use types are determined by the NRCS State Conservationist and identified in exhibit 2.

5. NRCS National Appraiser resolves questions that arise from these specifications. The NRCS National Appraiser(s) can be reached at NRCS.NationalAppraisers@usda.gov.

6. Delivery of AWMA products will be approved by the NRCS State Conservationist and designated Easement Programs Division (EPD) staff. The National Appraiser will review and provide final approval of the AWMA products. Corrections and additions may be required for the final approval. A copy of all deliverable products and recommendations should be sent to NRCS.NationalAppraisers@usda.gov.

7. The client is NRCS and the AWMA and other value reports will be USPAP compliant.

8. These specifications apply to the new AWMA and any subsequent recertifications, AWMA amendments, or reports.

9. Deliverables include:

written and digital products, meeting participation, and attendance in at least one training session.

C.2 Qualifications of Vendor

C.2.1 1. The vendor must be a State-certified general real property appraiser or obtain a temporary practice permit equal to State-certified general real property appraiser in compliance with title XI of the Financial Institution’s Reform, Recovery and Enforcement Act of 1989 (FIRREA) in the State or States where the AWMA is conducted.

2. The vendor must be in good standing with the licensing authority where the credential was issued, and not the recipient of disciplinary action within the past 5 years from the licensing authority.

3. The vendor must have demonstrated competency in compliance with USPAP in conducting market analyses of rural and agricultural properties of the requested type.

C.3 Purpose of the Area Wide Market Analysis

C.3.1 1. The purpose of the AWMA is to provide the fair market value (FMV) of the land for the land use types typically enrolled in ACEP-WRE in the market areas identified by NRCS.

2. FMVs must be provided for each market area outlined by NRCS and land use on a per acre basis.

C.4 Information Provided by NRCS to the Vendor

C.4.1 1. Electronic copy of a map showing the market areas to be analyzed. The map may include potentially eligible ACEP-WRE areas based upon technical criteria (such as soil drainage class, soil types, or other factors that demonstrate eligibility).

2. GIS shapefile showing:

a. Regions or counties with similar land uses and

b. Boundaries of each market area to be analyzed.

3. List and definition of each land use to be valued in each market area. The definition will describe the types of eligible land typically enrolled in ACEP-WRE. The definitions must be as descriptive as possible to adequately define the land uses to be analyzed.

C.5 Training, Coordination, and Communications

C.5.1 1. NRCS Easement Programs Division (EPD) will provide vendor training for the Statement of Work via remote participation platform such as a webinar. (Please see More Information at https://conservationwebinars.net/webinars/epd-fy2022-area- wide-market-analysis-statement-of-work-overview/ EPD will coordinate vendor meetings with the NRCS State office as needed.

2. EPD will provide Farm Bill update trainings as needed.

3. The state-level NRCS contact and NRCS.NationalAppraisers@usda.gov should be copied on all communications with the contracting officer.

C.6 Meeting with NRCS

C.6.1 1. If market area and land uses are not representative of the market areas found the vendor shall notify NRCS and the contracting officer in writing that modification to the assignment is necessary. The Vendor will meet with NRCS to discuss Vendor’s recommendations.

2. NRCS will coordinate a meeting with the Vendor to:

a. Discuss the AWMA process.

b. Discuss the vendor’s market research, market area, and land use recommendations when the vendor does not find sufficient sales data for the market area and land use.

c. The expansion of the sales market area.

d. The vendor should discuss any market conditions, levee restrictions, encumbrances, or access issues that are not typical for the market that may restrict their market analysis.

e. After completion of market research and the development of the draft AWMA report, the vendor will meet with NRCS to discuss their findings and report. The meeting should be scheduled within 14 days of the vendor providing NRCS with the draft AWMA report.

f. After review of the subsequent years’ market, vendor and NRCS will discuss the findings and determine if a certification or amendment is required.

g. Even after initial acceptance of the AWMA or market review by NRCS, the vendor will be available to discuss any corrections that the National Appraiser requires for final acceptance of the report.

C.7 Quality of Work

C.7.1 1. The AWMA report:

a. Must be clear, accurate, and complete and must meet NRCS’s intent to determine the FMV of land typically enrolled in ACEP-WRE. The market analysis must be conducted and reported in compliance with USPAP.

b. The vendor must select comparable properties that represent the land use types that are typically enrolled in ACEP-WRE.

c. The vendor must administer adjustments for property differences and conduct a current analysis of the competitive market.

d. At NRCS’s discretion a contract reviewer may review the AWMA report.

2. Subsequent FY reports

a. Recertification:

i. The vendor will continue to monitor the market areas collecting data since the previous AWMA or Recertification or Update report

ii. Provide a letter to NRCS on or before July 15 stating if the AWMA or Updated report values have not changed by more than 10%.

iii. If the vendor finds there are no changes greater than 10% then they certify the existing FY FMVs are still valid and are recommended for use for the next FY.

• Sales data collected will be provided with the letter in an excel spreadsheet

iv. If the vendor finds one or more land uses in the market areas have changed by more than 10% NRCS will determine if a AWMA amendment, providing current values for those land uses, will be required.

v. If the AWMA amendment is required, it is due within 45 days from notice by

NRCS.

C.8 Selection of Comparable Properties

C.8.1 1. Choose sufficient comparable sales from the entire market area being analyzed that include land uses typically enrolled in ACEP-WRE that would be eligible land types.

2. Property rights are fee simple surface rights or equivalent.

3. Do not include sales far above or far below the average, as any divergence likely has valid reasons.

4. Use comparable sales that are reasonably current, based on sales activity in the market area being analyzed. For the initial AWMA use sales no older than 24 months unless the market activity is limited and a longer time period is required. Concurrence by the contracting officer and national appraiser is required before using sales older than 24 months. Subsequent years data will be added to these and may be used in determining needed market changes.

5. Use similar property types as much as possible.

6. Ensure comparable sales are in fact arm’s length transactions.

7. Provide sufficient data on the comparable sales to support the conclusions of value.

8. If the analysis of the comparable properties indicates the land use category is too broad or too narrow, contact the contracting officer and provide suggestions for changes to the land use category.

Example: Land Use – Cropland – Low-lying cropland and prime cropland indicate a wide range in value; suggest that the land use category of “Cropland” be changed to two categories – “Low-Lying Cropland” and “Prime Cropland.”

9. If sufficient sales are not available for a market region or land use to provide a supported, typical market value, the vendor will not establish a value and will recommend changes.

These changes can include combining similar regions or land uses to provide for the sales needed to arrive at a supported, typical market value. The national appraiser should be consulted.

10. If in the process of collecting and identifying comparable properties, sales of properties encumbered by wetlands or similar conservation easements are found, provide the sales data on the encumbered properties in a separate section of the analysis.

C.9 Conduct a Current Analysis of the Competitive Market

C.9.1 1. Initial AWMA

a. Sold Properties

i. Sold properties represent actual comparable sales.

ii. Sales data should be within the last 24 months.

b. Active Listings

i. Active listings are properties currently for sale.

ii. These listings matter only to the extent that they indicate the competition for buyers and current market activity.

iii. They are not indicative of market value. Sellers can ask any price they want for their property; it does not mean the prices are realistic. The vendor may use these to support values higher or lower than the value the sold properties indicates.

2. Subsequent Fiscal Year Analysis

a. Sold Properties

i. Vendor will continue to monitor the markets since the date of the prior AWMA or Recertification

ii. Sold properties will represent actual comparable sales

iii. Sales data will be from the end of the prior sales data

iv. Sales data will be added to the sales data spreadsheet

v. All sales are available to the vendor to determine the status of the market

b. Active Listings – See I(1)(b)

C.10 Market Area

C.10.1 1. Initial AWMA

a. The market area to be considered will be specified by NRCS and provided to the vendor.

b. The market area must contain properties that represent the land use types that are typically enrolled in ACEP-WRE.

c. If the market analysis indicates the market areas provided are inconsistent with the data, contact the contracting officer and suggest modifications to the market areas.

d. If insufficient data is available to conclude typical values for the market area or land uses, contact the contracting officer and suggest modifications to the market area or land uses. The national appraiser may be consulted for guidance in changes to land use or market areas.

e. The higher number of homogenous sales in the dataset is desirable for quantifiable results. However, a minimum of 10 sales representing each land use in each market area must be analyzed and employed to effectively establish a fair market value.

f. Values for a market area and land uses cannot be determined using data from other market areas. This indicates that changes are needed for the market area or land use. Contact the contracting officer and NRCS by email at NRCS.NationalAppraisers@usda.gov to recommend changes or request assistance in arriving at acceptable changes to the market areas or land uses.

2. Subsequent Fiscal Years Analysis

a. Market areas will not change for the subsequent fiscal years’ analysis

b. The vendor will notify the contracting officer if the data indicates that the market areas are no longer valid.

C.11 Other Considerations

C.11.1 1. Land Use, Land Quality, Soils, and Topography

a. The land uses and soil types to be considered must be comparable to land typically enrolled in ACEP-WRE

b. These are predominately level, low-lying areas of cropland but may also include areas of pastureland, wet meadows, and woodland.

c. An optional state-level map of potentially eligible ACEP-WRE areas (based upon soil drainage class, soil types or other factors) is provided.

2. Improvements: do not include the value of improvements, such as homes, sheds, fences, barns, etc.

3. Levee Protection: where significant, separate values must be developed for land behind or in front of protection levees.

4. Existing Easements

a. Do not use sales data from lands under existing easements as comparable sales.

b. If any are identified, the data should be provided in a separate part of the report.

C.12 Presentation of Analysis

C.12.1 1. The report must be presented in a neat, easy-to-read format, free of grammatical and clerical mistakes.

2. The supporting documentation must be presented with sufficient narrative so that the analysis can be reviewed and critiqued.

3. Provide a description of the social, physical, and economic characteristics of the specified market areas.

4. Provide a thorough description of each land use category that a representative value is provided.

5. Describe the land uses included in the land use category. For example, if land use category is “non-crop pasture and pasture like,” describe the typical market area land use categories the vendor used or associated with this land use category.

6. Describe items that impact to values in the market area for atypical considerations. These may include, but are not limited to, development pressure from economic or locational influences which would be cause for an immediate change to a more intensive highest and best use; impacts of severed versus intact oil, gas, and/or mineral rights; impacts of intact versus transferred development rights; impacts of the quality of legal access; or other impacts. Provide these considerations by market area or as a summary in the report as an impact to value.

7. The report must comply with USPAP.

8. All market analysis reports submitted to NRCS become the property of the United States and may be used for any legal and proper purpose. Therefore, a condition that limits the distribution of the report is not permitted.

9. All sales data used to support conclusions of typical value must be provided in a spreadsheet addendum to the report. The minimum information for the sales data will include identifying name or number for the sale, county and market area, sale date, land use, sale price per acre. Also see the Note is section M below.

10. Additional information may also be provided. The identifying name or number may be generated by the vendor if there is concern of confidentiality agreements with the suppliers of the sales data. A separate confidential file will be provided to the national appraiser for analysis and will be returned upon completion of the analysis. The information in the confidential file must contain identifying information so the national appraiser can effectively evaluate the sales data.

11. The spreadsheet must also be a separate file which can be used by the national appraiser to analyze the sales data.

12. The per acre conclusions for each market region and land use are used by NRCS to calculate the fair market value of various size ACEP-WRE projects.

a. The vendor must determine the range of size in acres, that the values continue to provide a supported fair market value.

b. The vendor may recommend a separate value for projects outside the supported acre range if there is sufficient data to support the value.

c. If sufficient data is not available to support values outside the acre range, the vendor must indicate that appraisals are recommended for projects that are outside the acre range

C.13 Deliverables

C.13.1 1. Initial AWMA

a. Draft report due within 60 days of contract completed after the completion of the trains and meetings indicated in E and F.

b. The final report and supporting documentation are the deliverables for this assignment due within 14 days of (a)(i) meeting.

c. The final report will be a digital file.

d. The final report will include an electronic spreadsheet of all the sales data found in the addendum of the report, which will be used by the national appraiser in analyzing the AWMA. This file must be unlocked to allow for various electronic analyses.

e. Additional supporting documentation determined necessary by the national appraiser or program manager.

2. Subsequent Fiscal Year Analysis

a. Recertification letter due by July 15

i. If no land use’s FMV has significantly changed. Significantly is defined as plus or minus 10%.

1. Provide final of recertification letter stating the previous fiscal year FMVs have not significantly changed.

2. Letter must be USPAP compliant incorporating the previous fiscal year report (AWMA or Recertification or Update) in accordance with A(3).

3. Letter will explain the process used to monitor the market and determine the FMVs have not significantly changed.

4. Sales data spreadsheet with the new sales.

ii. If one or more land use’s FMV has significantly changed.

1. Provide the recertification letter indicating which land uses have changed.

2. See meetings required F

3. Letter must be USPAP compliant see 2(a)(i)(2)

4. Letter will explain the process used to monitor the market and determine the changes in FMVs

5. Sales data spreadsheet with the new sales.

6. NRCS will determine if the AWMA Update will be required.

b. AWMA Amendment and Recertification within 45 days of the meeting 2(a)(ii)(2)

i. Provide the amendment with the new FMVs of the land uses that changed significantly.

ii. Explain the process used to monitor the market and determine which land uses changed significantly and which land uses did not.

iii. Update must be USPAP compliant see 2(a)(i)(2)

iv. Sales data spreadsheet with the new sales.

Note: Vendor must provide either latitude/longitude coordinates or a GIS shapefile/polygon for the location of the comparable sales. The coordination of the transfer of this information must be between the contractor and National Appraiser only. This information must be emailed to NRCS.NationalAppraisers@usda.gov.

C.14 Conflict of Interest

C.14.1 An independent, qualified professional will not analyze a property for a spouse, child, partner, or business associate or have a financial interest in the property to be covered by the proposed easement.

C.15 Nondisclosure

C.15.1 1. Work performance required by this statement of work will involve access to potentially sensitive information about governmental and landowner issues.

mailto:NRCS.NationalAppraisers@usda.gov

2. All contractor personnel must comply with the terms of AGAR 452.224-70, “Confidentiality of Information,” as well as provisions of the Privacy Act of 1974 (5 U.S.C. Sec. 552a).

3. Additionally, the contractor’s employees must comply with privacy of personal information relating to NRCS programs in accordance with section 1244 of the Food Security Act of 1985, as amended (16 U.S.C. Sec. 3844), and information protected under section 1619 of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246), 7 U.S.C. Section 8791.

C.16 Civil Rights and Program Delivery

C.16.1 The contractor must ensure that its personnel prohibit discrimination in all aspects of programs and activities related to the contract on the basis of race, color, national origin, sex, religion, age, disability, political beliefs, sexual orientation, or marital or family status.

D Reserved

E. Inspection and Acceptance

E.1 Acceptance of service will be done upon receipt of the Area Wide Market Analysis, Recertification or Amendment.

E.1.1 Acceptance will be determined by the Technical Point of Contact.

E.1.2 Acceptance will be based on if the requirements under Section C are met.

E.1.3 The Technical Point of Contact or Contracting Officer reserves the right to review all work products required under the contract for acceptability as needed. The Government shall notify the Contractor whenever revisions to reports/deliverables are required in order for deliverables to be deemed acceptable.

F Performance

F.1 Period of Performance

F.1.1 Period of Performance dates are as follows (dates are approximate and will be determined upon award):

F.1.1.1 Base Period – 06/1/2022 – 09/30/2022

F.1.1.2 Option Period 1 – 10/01/2022 – 09/30/2023

F.1.1.3 Option Period 2 – 10/01/2023 – 09/30/2024

F.1.1.4 Option Period 3 – 10/01/2024 – 09/30/2025

F.1.1.5 Option Period 4 – 10/01/2025 – 09/30/2026

G Invoicing

G.1 Farm Production and Conservation (FPAC) Clauses

G.1.1 FPAC 4I-52.232-70 ELECTRONIC INVOICING AND PAYMENT

REQUIREMENTS – INVOICE PROCESSING PLATFORM (IPP)

(a) Invoices must be submitted electronically through the U.S. Department of the Treasury’s Invoice Processing Platform System (IPP). The Contractor must use the IPP website (https://www.ipp.gov) for submitting invoices. Invoices submitted by means other than IPP will not be accepted unless the Contracting Officer authorizes alternate procedures in writing.

(b) Under this contract, the following document(s) are required to be submitted as attachment(s) to the IPP invoice:

One (1) invoice should be submitted after each report is provided.

Invoices shall have supporting documents attached within in IPP. The supporting documents should include a breakdown of the total amount.

Invoices and supporting documentation shall be attached within the Invoice Processing

Platform (IPP) and shall not be submitted directly to the Contracting Officer.

(End of clause)

G.2 Payment

G.2.1 USDA pays for services in arrears (after service is completed). No payments will be made prior to the completion of service.

G.2.2 Payment will be made after receipt of invoice or acceptance of service whichever is later.

Payment will be made via Electronic Funds Transfer.

https://www.ipp.gov/

H Special Contract Requirements

H.1 Special Requirements

H.1.1 Limitation of Authority

The government assigned Project or Program Manager, Task POC, or COR are responsible for monitoring the Contractor’s performance. Any proposed modifications to the task order, such as changes to the scope of work, or to the terms and conditions of the task order must be authorized by the Contracting Officer.

H.1.2 Conflict of Interest

If for any reason the agency or the Contractor determines that the Contractor faces a potential, perceived, or real conflict of interest, the agency shall notify the Contractor or the Contractor shall notify the agency, and the Contractor shall cease all work on, reassign the task, or proceed at the discretion of the agency. At the agency's option, the Contractor may provide an acceptable replacement.

H.1.3 Inquires

Inquiries and all correspondence concerning this solicitation should be submitted in writing to the Contracting Officer. Offerors should contact only the Contracting Officer issuing the solicitation about any aspect of this requirement prior to contract award.

H.1.4 Confidentiality of Information

(a) Confidential information, as used in this clause, means --

(1) information or data of a personal nature, proprietary about an individual, or (2) information or data submitted by or pertaining to an organization.

(b) In addition to the types of confidential information described in (a)(1) and (2) above, information which might require special consideration with regard to the timing of its disclosure may derive from studies or research, during which public disclosure of primarily invalidated findings could create an erroneous conclusion which might threaten public health or safety if acted upon.

(c) The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential.

Similarly, the contracting Officer and the Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the contract. Failure to agree will be settled pursuant to the "Disputes" clause.

(d) If it is established that information to be utilized under this contract is subject to the Privacy Act, the Contractor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.

(e) Confidential information, as defined in (a)(1) and (2) above, shall not be disclosed without the prior written consent of the individual, institution or organization.

(f) Written advance notice of at least 45 days will be provided to the Contracting Officer of the Contractor's intent to release findings of studies or research, which have the possibility of adverse effects on the public or the Federal agency, as described in (b) above. If the Contracting Officer does not pose any objections in writing within the 45 day period, the contractor may proceed with disclosure. Disagreements not resolved by the Contractor and Contracting Officer will be settled pursuant to the "Disputes" clause.

(g) Whenever the Contractor is uncertain with regard to the proper handling of material under the contract, or if the material in question is subject to the Privacy Act or is confidential information subject to the provisions of this clause, the Contractor shall obtain a written determination from the Contracting Officer prior to any release, disclosure,

(h) The provisions of paragraph (e) of this clause shall not apply when the information is subject to conflicting or overlapping provisions in other Federal, State or local laws.

I Task Order Provisions and Clauses

I.1 Farm Production and Conservation (FPAC) Provisions

I.1.1 FPAC 4I-52.233-70 Protests to the Agency

(a) An agency protest filed with the contracting officer shall be sent to the contracting officer’s mailing address or email address listed in the solicitation. The contractor should contact the contracting officer to verify the mailing or email address prior to delivering a protest.

(b) The independent review of a contracting officer’s decision regarding a protest described at FAR 33.103(d)(4) is not available as an alternative to consideration of the protest by the contracting officer. An independent review is available only as an appeal of the contracting officer’s decision on a protest. An appeal must be filed within 10 calendar days of the protestor’s receipt of the contracting officer’s decision, otherwise the appeal will be deemed untimely and not considered. The appeal must be directed to the Head of the Contracting Activity but sent to the contracting officer.

(c) The protest must contain all of the elements required by FAR 33.103(d)(2). Failure to substantially comply with any of the requirements of FAR 33.103(d)(2) may be grounds for dismissal of the protest.

(End of provision)

I.2 Federal Acquisition Regulation (FAR) Provisions

I.2.1 The following provisions are incorporated by reference:

I.2.1.1 52.204-7 – System for Award Management (Oct 2018)

I.2.1.2 52.204-16 – Commercial and Government Entity Code Reporting (Aug 2020)

I.2.1.3 52.212-1 – Instructions to Offerors – Commercial Products and Commercial Services (Nov 2021)

I.2.2 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 or 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.

https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_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) Representation. 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— https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.sam.gov/

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.

(End of provision)

I.2.3 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)

I.2.4 52.212-3 – Offeror Representation and Certifications – Commercial Products and Commercial Services (Nov 2021)

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.

https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.sam.gov/

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. 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.

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim

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 veteransor, 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 the field of operation in which it is bidding on Government contracts, 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 CFR124.104(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— http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim

(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…