B.01.01 W9127S24Q0001.pdf

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart

12.6 as supplemented with additional information in this notice. This announcement constitutes the only solicitation, quotes are being requested and a written solicitation will not be issued.

***PLEASE READ THESE INSTRUCTIONS CAREFULLY***

Solicitation number W9127S24Q0001 is issued as a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-01.

Set Aside, NAICS Code & Size Standard: This solicitation is being procured as a 100% Small Business Set-Aside.

The NAICS Code is 561730, Landscaping Services, which has an applicable size standard of $9.5M.

Description of requirements for the items to be acquired: This acquisition is to provide one (1) non-personal services IDIQ contract for tree services within the area of responsibility of the Mountain Home Project Office.

Place(s) and date(s) of performance:

• Services shall be performed at Mountain Home Project Office, 324 West 7th Street, Mountain Home, AR 72653.

• Dates of performance will be as follows:

• Base Period – February 1, 2024 – January 31, 2025

• Option Period 1 – February 1, 2025 – January 31, 2026

• Option Period 2 – February 1, 2026 – January 31, 2027

• Option Period 3 – February 1, 2027 – January 31, 2028

• Option Period 4 – February 1, 2028 – January 31, 2029

Minimum Guarantee: The guaranteed minimum is $2,500 and is for the base period only. There is no guaranteed minimum for the option periods, if exercised.

SITE VISIT:

An organized site visit will be held on Thursday, December 21, 2023, at 9:00 AM CST, at the Mountain Home

Project Office (see address above). All parties must RSVP no later than 24 hours before the site visit by emailing

Lisa McFarland at lisa.b.mcfarland@usace.army.mil.

If you have any questions regarding this solicitation, please contact Sarah Hagood at either 501.340.1277 or sarah.n.hagood@usace.army.mil.

Quotes are due no later than Wednesday, January 10, 2024, at 10:00 AM CDT.

Only quotes submitted via email will be accepted. Submission format shall be .pdf form and emailed to sarah.n.hagood@usace.army.mil. Please ensure the solicitation number, W9127S24Q0001, is written in the subject line of your email.

Required Documents to Submit:

1. Request for Quotation cover page (signed).

2. Completed (filled in) Provisions, as applicable.

3. Pricing Schedule with unit prices and total prices.

4. Signed Amendments, as applicable.

The provision at 52.212-1, Instructions to Offerors – Commercial, applies to this acquisition and a statement regarding any addenda to the provision.

The provision at 52.212-2, Evaluation – Commercial Items, is not applicable to this solicitation. Award will be made solely on price.

Offerors are required to include a completed copy of the provision at 52.212-3 Alt I, Offeror Representations and

Certifications – Commercial Items, with its quote.

The clause at 52.212-4, Contract Terms and Conditions – Commercial Items, applies to this acquisition.

The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders –

Commercial Items, applies to this acquisition.

*Please see the Clauses Incorporated by Reference section for additional FAR Clauses applicable to this acquisition.

mailto:lisa.b.mcfarland@usace.army.mil mailto:sarah.n.hagood@usace.army.mil mailto:sarah.n.hagood@usace.army.mil http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1533_213837 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1547_215689 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1845_256368 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P2045_297176

REQUEST FOR QUOTATION COVER PAGE

US Army Corps of Engineers, Little Rock District

Contracting Division, Attention: Sarah Hagood

700 West Capitol Avenue, Room 7315

Little Rock, AR 72203

W9127S24Q0001, IDIQ Tree Services

Mountain Home Project Office

Quote Submitted by:

Offeror Name:

Offeror Address:

Offeror Telephone:

Offeror Email Address:

Offeror Point of Contact:

Offeror Tax Identification Number (TIN):

Offeror UEI:

Offeror Cage Code:

Offeror Signature:

Date:

Line Item No. Description Quantity

Unit of Measure Unit Price Extended Price

0001 Normal Service Call, Norfork 25 Each $ $

0002 Emergency Service Call, Norfork 10 Each $ $

0003 Unscheduled Service Hours, Norfork 200 Hour $ $

0004 Tree Removal 4" to 12" Diameter, Norfork 100 Each $ $

0005 Tree Removal 12" to 20" Diameter, Norfork 100 Each $ $

0006 Tree Removal 20" to 30" Diameter, Norfork 100 Each $ $

0007 Tree Removal Over 30" Diameter, Norfork 100 Each $ $

0008 Stump Grinding 4" to 30" Diameter, Norfork 100 Each $ $

0009 Stump Grinding over 30" Diameter, Norfork 30 Each $ $

0010 Tree Trimming (0' to 9'), Norfork 200 Hour $ $

0011 Tree Trimming (9' to 60'), Norfork 100 Hour $ $

0012 Clear and Grub, Norfork 300 Hour $ $

0013 Debris Removal, Norfork 3,000 Cubic Yard $ $

0014 Normal Service Call, Bull Shoals 25 Each $ $

0015 Emergency Service Call, Bull Shoals 10 Each $ $

0016 Unscheduled Service Hours, Bull Shoals 200 Hour $ $

0017 Tree Removal 4" to 12" Diameter, Bull Shoals 100 Each $ $

0018 Tree Removal 12" to 20" Diameter, Bull Shoals 100 Each $ $

0019 Tree Removal 20" to 30" Diameter, Bull Shoals 100 Each $ $

0020 Tree Removal Over 30" Diameter, Shoals 100 Each $ $

0021 Stump Grinding 4" to 30" Diameter, Bull Shoals 100 Each $ $

0022 Stump Grinding over 30" Diameter, Bull Shoals 30 Each $ $

0023 Tree Trimming (0' to 9'), Bull Shoals 200 Hour $ $

0024 Tree Trimming (9' to 60'), Bull Shoals 100 Hour $ $

0025 Clear and Grub, Bull Shoals 300 Hour $ $

0026 Debris Removal, Bull Shoals 3,000 Cubic Yard $ $

PRICE SCHEDULE

IDIQ TREE SERVICES

MOUNTAIN HOME PROJECT

Base Period, 1 February 2024 - 31 January 2025

Total Base Price

W9127S24Q0001

Unit of Measure Unit Price Extended Price

1001 Normal Service Call, Norfork 25 Each $ $

1002 Emergency Service Call, Norfork 10 Each $ $

1003 Unscheduled Service Hours, Norfork 200 Hour $ $

1004 Tree Removal 4" to 12" Diameter, Norfork 100 Each $ $

1005 Tree Removal 12" to 20" Diameter, Norfork 100 Each $ $

1006 Tree Removal 20" to 30" Diameter, Norfork 100 Each $ $

1007 Tree Removal Over 30" Diameter, Norfork 100 Each $ $

1008 Stump Grinding 4" to 30" Diameter, Norfork 100 Each $ $

1009 Stump Grinding over 30" Diameter, Norfork 30 Each $ $

1010 Tree Trimming (0' to 9'), Norfork 200 Hour $ $

1011 Tree Trimming (9' to 60'), Norfork 100 Hour $ $

1012 Clear and Grub, Norfork 300 Hour $ $

1013 Debris Removal, Norfork 3,000 Cubic Yard $ $

1014 Normal Service Call, Bull Shoals 25 Each $ $

1015 Emergency Service Call, Bull Shoals 10 Each $ $

1016 Unscheduled Service Hours, Bull Shoals 200 Hour $ $

1017 Tree Removal 4" to 12" Diameter, Bull Shoals 100 Each $ $

1018 Tree Removal 12" to 20" Diameter, Bull Shoals 100 Each $ $

1019 Tree Removal 20" to 30" Diameter, Bull Shoals 100 Each $ $

1020 Tree Removal Over 30" Diameter, Shoals 100 Each $ $

1021 Stump Grinding 4" to 30" Diameter, Bull Shoals 100 Each $ $

1022 Stump Grinding over 30" Diameter, Bull Shoals 30 Each $ $

1023 Tree Trimming (0' to 9'), Bull Shoals 200 Hour $ $

1024 Tree Trimming (9' to 60'), Bull Shoals 100 Hour $ $

1025 Clear and Grub, Bull Shoals 300 Hour $ $

1026 Debris Removal, Bull Shoals 3,000 Cubic Yard $ $

Option 1, 1 February 2025 - 31 January 2026

Total Option 1 Price

Unit of Measure Unit Price Extended Price

2001 Normal Service Call, Norfork 25 Each $ $

2002 Emergency Service Call, Norfork 10 Each $ $

2003 Unscheduled Service Hours, Norfork 200 Hour $ $

2004 Tree Removal 4" to 12" Diameter, Norfork 100 Each $ $

2005 Tree Removal 12" to 20" Diameter, Norfork 100 Each $ $

2006 Tree Removal 20" to 30" Diameter, Norfork 100 Each $ $

2007 Tree Removal Over 30" Diameter, Norfork 100 Each $ $

2008 Stump Grinding 4" to 30" Diameter, Norfork 100 Each $ $

2009 Stump Grinding over 30" Diameter, Norfork 30 Each $ $

2010 Tree Trimming (0' to 9'), Norfork 200 Hour $ $

2011 Tree Trimming (9' to 60'), Norfork 100 Hour $ $

2012 Clear and Grub, Norfork 300 Hour $ $

2013 Debris Removal, Norfork 3,000 Cubic Yard $ $

2014 Normal Service Call, Bull Shoals 25 Each $ $

2015 Emergency Service Call, Bull Shoals 10 Each $ $

2016 Unscheduled Service Hours, Bull Shoals 200 Hour $ $

2017 Tree Removal 4" to 12" Diameter, Bull Shoals 100 Each $ $

2018 Tree Removal 12" to 20" Diameter, Bull Shoals 100 Each $ $

2019 Tree Removal 20" to 30" Diameter, Bull Shoals 100 Each $ $

2020 Tree Removal Over 30" Diameter, Shoals 100 Each $ $

2021 Stump Grinding 4" to 30" Diameter, Bull Shoals 100 Each $ $

2022 Stump Grinding over 30" Diameter, Bull Shoals 30 Each $ $

2023 Tree Trimming (0' to 9'), Bull Shoals 200 Hour $ $

2024 Tree Trimming (9' to 60'), Bull Shoals 100 Hour $ $

2025 Clear and Grub, Bull Shoals 300 Hour $ $

2026 Debris Removal, Bull Shoals 3,000 Cubic Yard $ $

Option 2, 1 February 2026 - 31 January 2027

Total Option 2 Price

Unit of Measure Unit Price Extended Price

3001 Normal Service Call, Norfork 25 Each $ $

3002 Emergency Service Call, Norfork 10 Each $ $

3003 Unscheduled Service Hours, Norfork 200 Hour $ $

3004 Tree Removal 4" to 12" Diameter, Norfork 100 Each $ $

3005 Tree Removal 12" to 20" Diameter, Norfork 100 Each $ $

3006 Tree Removal 20" to 30" Diameter, Norfork 100 Each $ $

3007 Tree Removal Over 30" Diameter, Norfork 100 Each $ $

3008 Stump Grinding 4" to 30" Diameter, Norfork 100 Each $ $

3009 Stump Grinding over 30" Diameter, Norfork 30 Each $ $

3010 Tree Trimming (0' to 9'), Norfork 200 Hour $ $

3011 Tree Trimming (9' to 60'), Norfork 100 Hour $ $

3012 Clear and Grub, Norfork 300 Hour $ $

3013 Debris Removal, Norfork 3,000 Cubic Yard $ $

3014 Normal Service Call, Bull Shoals 25 Each $ $

3015 Emergency Service Call, Bull Shoals 10 Each $ $

3016 Unscheduled Service Hours, Bull Shoals 200 Hour $ $

3017 Tree Removal 4" to 12" Diameter, Bull Shoals 100 Each $ $

3018 Tree Removal 12" to 20" Diameter, Bull Shoals 100 Each $ $

3019 Tree Removal 20" to 30" Diameter, Bull Shoals 100 Each $ $

3020 Tree Removal Over 30" Diameter, Shoals 100 Each $ $

3021 Stump Grinding 4" to 30" Diameter, Bull Shoals 100 Each $ $

3022 Stump Grinding over 30" Diameter, Bull Shoals 30 Each $ $

3023 Tree Trimming (0' to 9'), Bull Shoals 200 Hour $ $

3024 Tree Trimming (9' to 60'), Bull Shoals 100 Hour $ $

3025 Clear and Grub, Bull Shoals 300 Hour $ $

3026 Debris Removal, Bull Shoals 3,000 Cubic Yard $ $

Option 3, 1 February 2027 - 31 January 2028

Total Option 3 Price

Unit of Measure Unit Price Extended Price

4001 Normal Service Call, Norfork 25 Each $ $

4002 Emergency Service Call, Norfork 10 Each $ $

4003 Unscheduled Service Hours, Norfork 200 Hour $ $

4004 Tree Removal 4" to 12" Diameter, Norfork 100 Each $ $

4005 Tree Removal 12" to 20" Diameter, Norfork 100 Each $ $

4006 Tree Removal 20" to 30" Diameter, Norfork 100 Each $ $

4007 Tree Removal Over 30" Diameter, Norfork 100 Each $ $

4008 Stump Grinding 4" to 30" Diameter, Norfork 100 Each $ $

4009 Stump Grinding over 30" Diameter, Norfork 30 Each $ $

4010 Tree Trimming (0' to 9'), Norfork 200 Hour $ $

4011 Tree Trimming (9' to 60'), Norfork 100 Hour $ $

4012 Clear and Grub, Norfork 300 Hour $ $

4013 Debris Removal, Norfork 3,000 Cubic Yard $ $

4014 Normal Service Call, Bull Shoals 25 Each $ $

4015 Emergency Service Call, Bull Shoals 10 Each $ $

4016 Unscheduled Service Hours, Bull Shoals 200 Hour $ $

4017 Tree Removal 4" to 12" Diameter, Bull Shoals 100 Each $ $

4018 Tree Removal 12" to 20" Diameter, Bull Shoals 100 Each $ $

4019 Tree Removal 20" to 30" Diameter, Bull Shoals 100 Each $ $

4020 Tree Removal Over 30" Diameter, Shoals 100 Each $ $

4021 Stump Grinding 4" to 30" Diameter, Bull Shoals 100 Each $ $

4022 Stump Grinding over 30" Diameter, Bull Shoals 30 Each $ $

4023 Tree Trimming (0' to 9'), Bull Shoals 200 Hour $ $

4024 Tree Trimming (9' to 60'), Bull Shoals 100 Hour $ $

4025 Clear and Grub, Bull Shoals 300 Hour $ $

4026 Debris Removal, Bull Shoals 3,000 Cubic Yard $ $

Option 4, 1 February 2028 - 31 January 2029

TOTAL CONTRACT PRICE

Total Option 4 Price

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

Base Destination Government Destination Government Option 1 Destination Government Destination Government Option 2 Destination Government Destination Government Option 3 Destination Government Destination Government Option 4 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

Base POP 01-FEB-2024 TO

31-JAN-2025

N/A MOUNTAIN HOME PROJECT OFFICE

LISA MCFARLAND

324 WEST 7TH STREET

MOUNTAIN HOME AR 72653

(501) 340-1407 FOB: Destination

96720Y

Option 1 POP 01-FEB-2025 TO

31-JAN-2026

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

96720Y

Option 2 POP 01-FEB-2026 TO

31-JAN-2027

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

96720Y

Option 3 POP 01-FEB-2027 TO

31-JAN-2028

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

96720Y

Option 4 POP 01-FEB-2028 TO

31-JAN-2029

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

96720Y

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.203-18 Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements or Statements-- Representation

JAN 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 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

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

NOV 2021

52.204-22 Alternative Line Item Proposal JAN 2017 52.209-7 Information Regarding Responsibility Matters OCT 2018 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

DEC 2022

52.217-5 Evaluation Of Options JUL 1990 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-10 Waste Reduction Program MAY 2011 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-23 Assignment Of Claims MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.237-10 Identification of Uncompensated Overtime MAR 2015 52.242-13 Bankruptcy JUL 1995 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 252.203-7005 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

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.225-7048 Export-Controlled Items JUN 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

JAN 2023

252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

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)

(End of provision)

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.

52.209-11 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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023) ALTERNATE I (OCT 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

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

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

"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

"Sensitive technology"--

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

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

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

"Service-disabled veteran-owned small business concern"--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans;

and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

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

"Small business concern"--

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

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

"Small disadvantaged business concern, consistent with 13 CFR 124.1001", 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 at 13 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 the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

and

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

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

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

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

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

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

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___

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

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

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

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

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

(i) It [ ___ ] is, [ ___ ] is not a small business concern; or

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

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

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that--

(i) It [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2).

[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ ___ ] is, [ ___ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

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

(6) WOSB joint venture eligible under the WOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .

(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.)

The offeror represents that it ( ___ ) is, a women-owned business concern.

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

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and

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

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation, and

(ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that--

(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or…