B08(a)_-_Combo_140P2125Q0121.pdf

140P2125Q0121 michelle_shoshone@nps.gov

GENERAL INFORMATION:

This is a COMBINED SYNOPSIS / SOLICITATION for commercial items prepared in accordance with the format in the Federal Acquisition Regulations (FAR) Subpart 12.6, as supplemented with additional information included in this notice. The National Park Service contemplates award of a firm fixed price contract as a result of this combined synopsis/solicitation to the vendor. This announcement constitutes the only solicitation issued as Request for Quotation (RFQ) 140P2125Q0121. FAR clauses and provisions enclosed within this RFQ are those in effect through Federal Acquisition Circular (FAC) 2025-04 and are available in full text through Internet access at http:// www.acquisition.gov/far/.

Point of Contact:

National Park Service Contracting Officer

Name: Michelle Shoshone

Email: Michelle_shoshone@nps.gov

The acquisition is in support of the United States Park Police.

This is a 100% Total Small Business Set Aside. The North American Industry Classification System (NAICS) code is 532490. The small business size standard is $40M.

System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations, including 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation, and paragraph (t) of 52.212-3, Offeror Representations and Certifications— Commercial Products and Commercial Services. Agencies will not consider or use these representations.

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

SITE VISIT INFORMATION:

There will not be an official site visit performed by the Government for this requirement. Interested vendors are free to view the site which requires service IAW this SOW.

Award Selection Process:

The Government intends to award a single firm-fixed-price contract from this solicitation on the basis of the lowest evaluated price meeting or exceeding the acceptability standards for non-cost factors to the responsible offeror. Offers will be evaluated for acceptability, but not ranked using the non-cost/price factors. Award will be made based on the lowest evaluated price of those offers that are deemed “acceptable”. Offers receiving an “unacceptable” rating in any of the evaluation factors will be excluded from consideration for award. The following factors shall be used to evaluate offers:

Volume I: Technical

1. Conformance to the requirements of CLIN 0001 IAW the SOW.

Volume II: Price

1. Price

Technical Factor 1 is more important than price.

INSTRUCTIONS TO OFFERORS:

Quotes must be in accordance with and in the order detailed in this section. Failure to submit quotes according to the instructions provided within the solicitation may result in the respondent’s quote not being considered for award.

All interested parties shall be registered in the System for Award Management or SAM at time an offer or quotation is submitted.

The offerors shall submit a quote to the contracting specialist by email to michelle_shoshone@nps.gov by 27 May, 2025 at 9:00am EST.

Offers shall submit the following information in its entirety:

a) Checklist for quote submittal:

• This page of the solicitation completed as the first page in the package ☐

• Signed amendments if applicable ☐

• Completed Provisions (including FAR 52.204-24, FAR 52.212-3(v)(2)(i), and others as applicable) ☐

• Evaluation Factor Technical Offer Factor 1 ☐

• Exhibit A – Pricing Schedule ☐

b) Contractor Core Data:

Offeror Data – please type Name

Address

Unique Entity ID (UEI)

POC

Email Phone mailto:michelle_shoshone@nps.gov

Clauses Section

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http:// www.acquisition.gov/far/

52.203-12 Limitation on Payments to Influence Certain Federal Transactions JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

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

NOV 2023

52.237-2 Protection of Government Buildings, Equipment, and Vegetation APR 1984

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Department of Interior Regulation (48 CFR, Chapter 14) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(a) The Government may extend the term of this contract by written notice to the Contractor within 1 day; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

FAR 52.252-2 Clauses Incorporated by Reference FEB 1998

FAR 52.252-6 Authorized Deviation in Clauses NOV 2020

FAR 52.217-9 Option to Extend the Term of the Contract MAR 2000 http://www.acquisition.gov/far/

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents and instructions are required to be submitted as an attachment to the IPP invoice:

The Contractor shall submit invoices to the COR for initial approval before submitting the invoice to the Government’s Invoice Processing Platform (IPP) for payment. At a minimum, the Contractor’s invoices shall contain the following information:

• Contract number

• Date of the invoice

DIAR 1452.201-70 Authorities and Delegations SEP 2011

Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) February https://www.ipp.gov/ https://www.ipp.gov/

The Contractor shall submit its invoice via email to the COR on a monthly basis unless otherwise directed by the COR in writing. The COR will review the invoice for accuracy and ask questions for clarification to the Contractor if necessary. Once the COR is satisfied with the accuracy of the invoice, the COR will sign the invoice in the section acknowledging their approval for payment. The COR shall send the signed invoice via email back to the Contractor.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 - 5 business days of the contract award date.

Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause) mailto:IPPCustomerSupport@fiscal.treasury.gov

Provisions Section

All interested parties shall be registered in the System for Award Management or SAM at time an offer or quotation is submitted.

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov

52.204-7 System for Award Management NOV 2024 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.204-29 Federal Acquisition Supply Chain Security Act

Orders—Representation and Disclosures.

DEC 2023

52.209-7 Information Regarding Responsibility Matters OCT 2019 52.212-1 Instruction to offerors-Commercial Products or Commercial

Services

SEP 2023

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.

(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

FAR 52.252-1 Solicitation Provisions Incorporated by Reference FEB 1998 https://www.acquisition.gov/ https://www.acquisition.gov/far/part-52#FAR_52_204_25 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—

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— https://www.sam.gov/

(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)

(a) The Government will award a single firm-fixed-price contract from this solicitation on the basis of the lowest evaluated price meeting or exceeding the acceptability standards for non-cost factors to the responsible offeror.

Offers will be evaluated for acceptability, but not ranked using the non-cost/price factors. Award will be made based on the lowest evaluated price of those offers that are deemed “acceptable”. Offers receiving an “unacceptable” rating in any of the evaluation factors will be excluded from consideration for award. The following factors shall be used to evaluate offers:

Volume I: Technical

2. Conformance to the requirements of CLIN 0001 IAW the SOW.

Adjective Ratings: The following adjective ratings will be used in the evaluation of Factor 1, Conformance to the requirements of CLIN 0001 IAW the SOW.

Acceptable (A): The offer clearly meets the minimum requirements of the solicitation.

Unacceptable (U): The offer does not clearly meet the minimum requirements of the solicitation.

Volume II: Price

2. Price

Technical Factor 1 is more important than price.

Offer Evaluation Criteria / Basis of Award

The Government will evaluate the Offeror’s quoted Technical approach to determine if the quote is consistent with the requirements of the SOW. The evaluation standard has been met when the Offeror demonstrates a Technical Approach that is feasible and clearly details the Offeror’s understanding of the requirements and how the project will be executed.

A technical approach that does not fully address the requirements of the SOW, does not demonstrate a clear understanding of the requirements of the SOW; simply repeats the requirements of the SOW without discussing the method of performance; or includes claims or language that is unsubstantiated or lacks relevance to the SOW shall be considered technically unacceptable. The inclusion of numerous assumptions that significantly “assume away” contractor risk with regard to major issues or problems that may be encountered on the project will be considered unacceptable.

The Offeror should prepare their quote based on information provided in the solicitation documents. The quote will be evaluated by comparing it to the SOW, the Offeror’s presented approach, and methods described below.

Volume I: Technical Factor 1: Conformance to the requirements of CLIN 0001 IAW the SOW

The Offeror shall demonstrate that it can meet the requirements of CLIN 0001 IAW the SOW as follows:

A. Provide a statement of commitment to installing the required fencing as required by CLIN 0001 on June 6, 2025. The statement of commitment should include information on the fencing which will be used.

The Government will review the statement of commitment to evaluate the offeror’s understanding of the requirements found at CLIN 0001 and review the fencing which will be used. The evaluation standard has been met when the offeror demonstrates a commitment to installing the required fencing as required by CLIN 0001, the installation date of June 6, 2025 and the type of fencing which will be used.

Volume II: Price

The offeror shall Submit a properly completed Proposal Schedule, containing proposed line item and total pricing.

For unit price items, ensure the number of units multiplied by the unit price equals the extended price exactly.

FAR 52.212-2 Evaluation – Commercial Products and Commercial Services NOV 2021

Price will be determined by the total price presented in the Proposal Schedule, will not be rated or scored, but will be evaluated for fairness and reasonableness using a price analysis. The price evaluators will also check for appearance of unbalanced line item prices. Offerors are cautioned to distribute direct costs, such as material, labor, equipment, subcontracts, etc. and to evenly distribute indirect costs, such as job overhead, home office overhead, bond, etc., to the appropriate contract line items. If deemed necessary, the supplemental price breakdown information will be requested and used to assist the Government in performing the price evaluations described above.

Evaluation of Offers

1. AWARD: Award will be made in accordance with the solicitation submission requirements and basis for award.

2. INCOMPLETE OFFERS: Failure to submit an offer on all items in the schedule constitutes an incomplete offer.

Incomplete offers may be rejected. Lump sum or unit prices must be shown for each item within the schedule.

3. EXTENSIONS: All extensions of the unit prices shown will be subject to verification by the Government in case of variation between the unit price and the extension, the unit price will be considered to be the offer.

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

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

ATTACHMENT (DEVIATION FEB 2025)

Executive Order 14148, “Initial Rescissions of Harmful Executive

Orders and Actions,” of January 20, 2025, revocation of

Executive Order 14057, “Catalyzing Clean Energy Industries and

Jobs Through Federal Sustainability,” of December 8, 2021

Baseline is FAC 2025-03, published in the Federal Register on

January 3, 2025, effective January 17, 2025.

Changes to the baseline are shown as [additions] and deletions.

PART 1—FEDERAL ACQUISITION REGULATIONS SYSTEM

Subpart 1.1—Purpose, Authority, Issuance

1.106 OMB approval under the Paperwork Reduction Act.

The Paperwork Reduction Act of 1980 (44 U.S.C. chapter 35) imposes a requirement on Federal agencies to obtain approval from the Office of Management and Budget (OMB) before collecting information from 10 or more members of the public. The information collection and recordkeeping requirements contained in this regulation have been approved by the OMB. The following

OMB control numbers apply:

FAR Segment OMB control No.

52.223-22 9000-0107.

PART 2—DEFINITIONS OF WORDS AND TERMS

Subpart 2.1—Definitions

2.101 Definitions.

Biobased product means a product determined by the U.S.

Department of Agriculture to be a commercial product or industrial product (other than food or feed) that is composed, in whole or in significant part, of biological products, including renewable domestic agricultural materials and forestry materials, or that is an intermediate ingredient or feedstock.

The term includes, with respect to forestry materials, forest products that meet biobased content requirements, notwithstanding the market share the product holds, the age of the product, or whether the market for the product is new or emerging. (7 U.S.C. 8101) (7 CFR 3201.2[7 CFR part 4270.2)]).

Sustainable products and services means products and services that are subject to and meet the following applicable statutory mandates and directives for purchasing:

(1) Statutory purchasing programs.

(i)[(1)] Products containing recovered material designated by the U.S. Environmental Protection Agency (EPA) under the Comprehensive Procurement Guidelines (42 U.S.C. 6962)

(40 CFR part 247) (https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products).

(ii)[(2)] Energy- and water-efficient products that are

ENERGY STAR® certified or Federal Energy Management Program

(FEMP)-designated products (42 U.S.C. 8259b) (10 CFR part 436, subpart C) (https://www.energy.gov/eere/femp/search-energy-efficient-products and https://www.energystar.gov/products?s=mega).

(iii)[(3)] Biobased products meeting the content requirement of the U.S. Department of Agriculture under the

BioPreferred® program (7 U.S.C. 8102) (7 CFR part 3201[7 CFR part 4270]) (https://www.biopreferred.gov).

(iv)[(4)] Acceptable chemicals, products, and manufacturing processes listed under EPA's Significant New

Alternatives Policy (SNAP) program, which ensures a safe and smooth transition away from substances that contribute to the depletion of stratospheric ozone (42 U.S.C. 7671l) (40 CFR part

82, subpart G) (https://www.epa.gov/snap).

(2) Required EPA purchasing programs.

(i) WaterSense® labeled (water efficient) products and services (https://www.epa.gov/watersense/watersense-products).

(ii) Safer Choice-certified products (products that contain safer chemical ingredients)

(https://www.epa.gov/saferchoice/products).

(iii) Products and services that meet EPA Recommendations of Specifications, Standards, and Ecolabels in effect as of

October 2023

(https://www.epa.gov/greenerproducts/recommendations-specifications-standards-and-ecolabels-federal-purchasing).

United States, when used in a geographic sense, means the 50

States and the District of Columbia, except as follows: * * *

(9) For use in subpart 23.1, see definition at

23.101.[Reserved]

PART 11—DESCRIBING AGENCY NEEDS

11.002 Policy.

(d)(1) Agencies shall procure sustainable products and services (as defined in 2.101) in accordance with subpart 23.1.

(2) Unless it is not practicable (see 23.104(a)) or an exception or exemption applies (see 23.105 and 23.106, respectively), agencies shall incorporate the use of sustainable products and services when—

(i) Developing, reviewing, or revising Federal and military specifications, product descriptions (including commercial item descriptions) and standards;

(ii) Describing Government requirements for products and services; and

(iii) Developing source-selection factors.

(3) The Green Procurement Compilation (GPC) available at https://sftool.gov/greenprocurement provides a comprehensive list of sustainable products and services and other related sustainable acquisition guidance. Agencies should [consult the

GPC when determining which statutory purchasing programs apply to a specific product or service and incorporate applicable requirements into the requirement document.] —

(i) Consult the GPC when determining which purchasing programs apply to a specific product or service; and

(ii) Incorporate into agency requirements any required standards, specifications, or ecolabels identified in the GPC for a specific product or service.

Subpart 11.3—Acceptable Material

11.301 Policy.

(c) * * *

(2) For biobased products, agencies may not require, as a condition of purchase of such products, the vendor or manufacturer to provide more data than would typically be provided by other business entities offering products for sale to the agency, other than data confirming the biobased content of a product (see 7 CFR 3201.8[7 CFR 4270.14]).

PART 18—EMERGENCY ACQUISITIONS

Subpart 18.2—Emergency Acquisition Flexibilities

18.202 Defense or recovery from certain events.

(e) Sustainable products and services. Contracting officers are encouraged, but not required, to procure sustainable products and services if the head of the agency determines the supplies or services are to be used to facilitate defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack; to facilitate provision of international disaster assistance; or to support response to an emergency or major disaster (see 23.106(c)).

PART 23—ENVIRONMENT, SUSTAINABLE ACQUISITION, AND MATERIAL

SAFETY

23.000 Scope of part.

This part prescribes acquisition policies and procedures supporting the Government’s program to protect and improve the quality of the environment, to foster markets for sustainable products and services, and to ensure proper handling and notification of hazardous materials.

23.001 Definitions.

As used in this part—

Environmental means environmental aspects of internal agency operations and activities, including those aspects related to energy and transportation functions.

Greenhouse gas means carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, nitrogen trifluoride, or sulfur hexafluoride.

23.002 Policy.

In accordance with section 208(a) of Executive Order 14057, Catalyzing Clean Energy Industries and Jobs Through Federal

Sustainability, agencies shall reduce emissions, including greenhouse gas emissions; promote environmental stewardship;

support resilient supply chains; drive innovation; and incentivize markets for sustainable products and services.

Subpart 23.1—Sustainable Products and Services

23.100 Scope of subpart.

This subpart provides policies and procedures for procuring sustainable products and services. This subpart applies to all contract actions, including those using part 12 procedures for the acquisition of commercial products, including commercially available off-the-shelf (COTS) items, and commercial services and acquisitions valued at or below the micro-purchase threshold.

23.101 Definitions.

As used in this subpart— * * *

U.S. Department of Agriculture (USDA)-designated product category means a generic grouping of products that are or can be made with biobased materials—

(1) That are listed by USDA in a procurement guideline (7

CFR part 3201, subpart B)[available at https://www.biopreferred.gov/resources/categories.html]; and

(2) For which USDA has provided purchasing recommendations

(available at https://www.biopreferred.gov[ or 7 CFR part

4270]).

United States, as defined in the Executive Office of the

President's Office of Management and Budget, Council on

Environmental Quality, and Climate Policy Office Memorandum M-

22-06, when used in a geographical sense means—

(1) The fifty States;

(2) The District of Columbia;

(3) The commonwealths of Puerto Rico and the Northern Mariana

Islands;

(4) The territories of Guam, American Samoa, and the United

States Virgin Islands; and

(5) Associated territorial waters and airspace.

23.102 Authorities.

(a) Section 208 of Executive Order 14057, Catalyzing Clean

Energy Industries and Jobs Through Federal Sustainability, dated

December 8, 2021.

(b) Paragraph G of section I of the Executive Office of the

President's Office of Management and Budget, Council on

Environmental Quality, and Climate Policy Office Memorandum M-

22-06, Catalyzing Clean Energy Industries and Jobs Through

Federal Sustainability, dated December 8, 2021.

(c) Implementing instructions for Executive Order 14057, Catalyzing Clean Energy Industries and Jobs Through Federal

Sustainability, dated August 2022.

(d) The[See the] authorities referenced in 23.107 for statutory purchasing programs.

23.103 Policy.

(a) Agencies shall procure sustainable products and services

(as defined in 2.101) to the maximum extent practicable.

(1) Procuring sustainable products and services is considered practicable, unless the agency cannot acquire products or services—

(i) Competitively within a reasonable performance schedule;

(ii) That meet reasonable performance requirements; or

(iii) At a reasonable price (see 23.103(a)(2)).

(2) When considering whether the price of a sustainable product is reasonable, agencies should consider whether the product is cost-effective over the life of the product. For

ENERGY STAR® or Federal Energy Management Program (FEMP)-designated products, a price is reasonable if it is cost-effective over the life of the product taking energy cost savings into account (42 U.S.C. 8259b(b)(2)). Life-cycle cost savings tools for energy-efficient products are available at https://www.energystar.gov/buildings/save_energy_commercial_buil dings/ways_save/energy_efficient_products and https://www.nrel.gov/analysis/tech-lcoe.html.

(b) When procuring sustainable products and services, agencies shall—

(1) Ensure compliance with applicable statutory purchasing program requirements (see 23.107); and

(2) Prioritize multi-attribute sustainable products and services (see 23.104(c)(2)).

(c) Regarding products under contract actions for services or construction, the contractor is required to provide products that meet the definition of sustainable products and services at

2.101, if the products are—

(1) Delivered to the Government;

(2) Furnished by the contractor for use by the Government;

(3) Incorporated into the construction of a public building or public work; or

(4) Acquired by the contractor for use in performing services under a Government contract where the cost of the products is a direct cost to a Government contract (versus costs which are normally applied to a contractor’s general and administrative expenses or indirect costs).

23.104 General procedures.

(a) Maximum extent practicable. If the requiring activity submits a written justification addressing the reasons described in 23.103(a)(1), the contracting officer may consider it not practicable to procure sustainable products or services. A written justification may be for a specific product or service or at the line item or contract level. The contracting officer shall maintain the written justification in the contract file.

(b) Identification.

(1) Except as provided in paragraph (b)(2) of this section, the contracting officer shall ensure the solicitation and contract identifies—

(i) The sustainable products and services, including the purchasing program and type of product or service, that are applicable to the acquisition, as identified by the requiring activity; and

(ii) Any products and services that are not subject to the requirements of this subpart and the clause at 52.223-23, Sustainable Products and Services, based on the written justification under paragraph (a) of this section [or an exception at 23.105], an exception at 23.105, or an exemption at

23.106.

(2) The requirement in paragraph (b)(1) of this section does not apply if the justification [or exception], exception, or exemption covers the entirety of the contract action requirements.

(c) Prioritization. Agencies shall prioritize sustainable products and services as follows:

(1) Procure[procure] products and services that meet applicable statutory purchasing program requirements (see

23.107). When both an EPA-designated item (see 23.107-1) and a biobased product in a USDA-designated product category (see

23.107-2) could be used for the same purposes, and there is not an EPA-designated item that is also a biobased product in a

USDA-designated product category that meets the agency's needs, procure the EPA-designated item.

(2) Consistent with other statutory procurement requirements, prioritize multi-attribute sustainable products and services, which are those that meet applicable statutory purchasing program requirements (see 23.107) and one or more required EPA purchasing programs (see 23.108).

(3) If no statutory purchasing program requirements apply, procure sustainable products and services that meet required EPA purchasing program requirements (see 23.108).

(d) Resource. The Green Procurement Compilation (GPC) available at https://sftool.gov/greenprocurement provides a comprehensive list of sustainable products and services and other related sustainable acquisition guidance. In addition to the resources identified for each purchasing program listed in

23.107 and 23.108, agencies[Agencies] should consult the GPC when determining which [statutory] purchasing programs apply to a specific product or service.

23.105 Exceptions.

The following are excepted from the requirement to procure sustainable products and services: * * *

(d) Biobased products to be used in military equipment

(products or systems designed or procured for combat or combat-related missions), spacecraft systems, or launch support equipment are not subject to the requirements in 23.107-2 (7 CFR

3201.3(e)[7 CFR part 4270.3(a)(5)]).

23.106 [Reserved]Exemptions.

(a) The Director of National Intelligence may exempt an intelligence activity of the United States and related personnel, resources, and facilities to the extent the Director determines necessary to protect intelligence sources and methods from unauthorized disclosure.

(b) The head of an agency may exempt the following:

(1) Particular agency activities and related personnel, resources, and facilities when it is in the interest of national security, to protect intelligence sources and methods from unauthorized disclosure, or where necessary to protect undercover law enforcement operations from unauthorized disclosure. The agency shall notify the Chair of the Council on

Environmental Quality (CEQ) in writing within 30 days of issuance of the exemption under this paragraph (b)(1).

(2) On an individual or class basis, any manned and unmanned vehicle, vessel, aircraft, or non-road equipment that is used in combat support, combat service support, military tactical or relief operations, or training for such operations or spaceflight vehicles, including associated ground-support equipment.

(c) Contracting officers are encouraged, but not required, to procure sustainable products and services if the head of the agency determines the supplies or services are to be used to facilitate defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack; to facilitate provision of international disaster assistance; or to support response to an emergency or major disaster.

(d) The head of the agency may submit to the President, through the Chair of CEQ, a request for an exemption of an agency activity, and related personnel, resources, and facilities from this subpart for any reason not otherwise addressed in this section.

23.107 Statutory purchasing programs.

Agencies shall ensure compliance with statutory purchasing program requirements described in 23.107-1 through 23.107-4.

23.107-1 Products containing recovered materials.

(e) Procedures. The following procedures apply when the thresholds set forth in paragraph (c)(1) of this section are exceeded.

(1) Once an item has been designated by EPA, agencies shall purchase conforming products to the maximum extent practicable in accordance with 23.104(a), unless a [justification or exception applies (see 23.104(a) and 23.105).] justification, exception, or exemption applies (see 23.104(a), 23.105, and

23.106, respectively).

23.107-2 Biobased products.

(a) Authorities.

(1) The Farm Security and Rural Investment Act of 2002

(FSRIA), 7 U.S.C. 8102, as implemented at 7 CFR part 3201[7 CFR part 4270].

(2) The Energy Policy Act of 2005, Public Law 109-58.

(e) Procedures. The following procedures apply when the thresholds set forth in paragraph (c)(1) of this section are exceeded.

(1) Once a biobased product is included in a USDA-designated product category, agencies shall purchase conforming products to the maximum extent practicable in accordance with

23.104(a), unless a [justification or exception applies (see

23.104(a) and 23.105).] justification, exception, or exemption applies (see 23.104(a), 23.105, and 23.106, respectively).

23.107-3 Energy-consuming products and water-consuming products.

(c) Procedures. To the maximum extent practicable in accordance with 23.104(a), unless a [justification or exception applies (see 23.104(a) and 23.105).]justification, exception, or exemption applies (see 23.104(a), 23.105, and 23.106, respectively)—

23.108 [Reserved]Required Environmental Protection Agency purchasing programs.

In accordance with 23.104(c), contracting officers shall, after meeting statutory purchasing program requirements in

23.107, purchase to the maximum extent practicable products and services that meet EPA purchasing program requirements described in 23.108-1 through 23.108-3.

23.108-1 Water-efficient products.

(a) Program. EPA's WaterSense® Program makes it easy to find and select water-efficient products that can save water, energy, and money. WaterSense®-labeled products are backed by independent, third-party certification and meet EPA's specifications for water efficiency and performance.

(b) Resource. For additional information on WaterSense® products, see https://www.epa.gov/watersense/watersense-products.

23.108-2 Chemically-intensive products.

(a) Program. Safer Choice is EPA's label for products that contain safer chemicals. Every chemical, regardless of percentage, in a Safer Choice-certified product is evaluated through EPA's rigorous scientific process and only the safest ingredients are allowed.

(b) Resource. For information on Safer Choice-certified products, see https://www.epa.gov/saferchoice.

23.108-3 Products and services that are subject to EPA

Recommendations of Specifications, Standards, and Ecolabels.

(a) Program. The EPA Environmentally Preferable Purchasing

(EPP) Program helps Federal agencies identify and procure environmentally preferable products and services to meet zero emissions and other sustainable procurement goals by providing

Recommendations of Specifications, Standards, and Ecolabels. The

EPP recommendations give preference to multi-attribute or life-cycle based standards and ecolabels that address key environmental and human health impact areas and where product conformance is determined by a competent third-party certification body.

(b) Resource. For additional information on EPA

Recommendations of Specifications, Standards, and Ecolabels, see https://www.epa.gov/greenerproducts/recommendations-specifications-standards-and-ecolabels-federal-purchasing.

23.109 Solicitation provisions and contract clauses.

(a) General. Insert the clause at 52.223-23, Sustainable

Products and Services, in solicitations and contracts—

(1) Unless—

(i) The requiring activity has provided a written justification that it is not practicable to procure sustainable products and services (see 23.104(a)); [or]

(ii) An exception under 23.105 applies; [and]or

(iii) An exemption under 23.106 applies; and

(2) The scope of the written justification [or exception], exception, or exemption covers the entirety of the contract action requirements.

(c) Biobased products in USDA-designated product categories.

(1) * * *

(2) Insert the clause at 52.223-2, Reporting of Biobased

Products Under Service and Construction Contracts, in service and construction solicitations and contracts, unless the contract will not involve the use of biobased products in USDA-designated product categories at https://www.biopreferred.gov or

7 CFR part 3201

[https://www.biopreferred.gov/resources/categories.html or 7 CFR part 4270].

Subpart 23.4—Pollution Prevention, Environmental Management

Systems, and Waste Reduction

23.400 Scope of subpart.

This subpart prescribes policies and procedures for [obtaining information needed for Government compliance with right-to-know laws and pollution prevention requirements.] —

(a) Obtaining information needed for Government compliance with right-to-know laws and pollution prevention requirements;

(b) Contractor compliance with environmental management systems; and

(c) Ensuring waste reduction at Federal facilities.

23.401 Definitions.

As used in this subpart—

Federal agency means an executive agency (see 2.101).

Federal facility means a facility owned or operated by a

Federal agency in the customs territory of the United States.

23.402 Authorities.

(a) Emergency Planning and Community Right-to-Know Act of

1986, 42 U.S.C. 11001-11050 (EPCRA).

(b) Pollution Prevention Act of 1990, 42 U.S.C. 13101-13109

(PPA).

(c) Executive Order 14057, Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability, dated December 8, 2021.

23.403 Emergency planning and toxic release reporting.

(a) Federal facilities are required to comply with the emergency planning and toxic release reporting requirements in

EPCRA and PPA.

(b) Pursuant to EPCRA, PPA, and any agency implementing procedures, every contract that provides for performance on a

Federal facility shall require the contractor to provide information necessary for the Federal agency to comply with paragraph (a) of this section.

23.404 [Reserved]Environmental management systems.

Agencies may implement an environmental management system

(EMS) when it aligns with and supports its agency's mission needs and facilitates implementation and progress toward E.O.

14057 goals. If an agency uses an EMS for contractor operation of Government-owned or -leased facilities or vehicles, and contractor activities affect the agency's environmental management aspects—

(a) EMS requirements shall be included in contracts to ensure proper implementation and execution of EMS roles and responsibilities; and

(b) The contracting officer shall—

(1) Specify the EMS directives with which the contractor must comply; and

(2) Ensure contractor compliance to the same extent as the agency would be required to comply if the agency operated the facilities or vehicles.

23.405 Waste reduction program.

To support pollution prevention and agency efforts to minimize waste in accordance with E.O. 14057, c[C]ontracts for contractor operation of Government-owned or -leased facilities or for support services at Government-owned or -operated facilities shall require the contractor to promote cost-effective waste reduction in all operations and facilities covered by the contract.

23.406 Contract clauses.

(a) Insert the clause at 52.223-5, Pollution Prevention and

Right-to-Know Information, in solicitations and contracts that provide for performance, in whole or in part, on a Federal facility.

(b) [Reserved.]Insert the clause at 52.223-19, Compliance With

Environmental Management Systems, in solicitations and contracts for contractor operation of Government-owned or -leased facilities or vehicles located in the United States if an agency uses an EMS and contractor activities affect aspects of the agency's environmental management. For facilities located outside the United States, the agency head may determine that use of the clause is in the best interest of the Government.

(c) Insert the clause at 52.223-10, Waste Reduction Program, in solicitations and contracts for contractor operation of

Government-owned or -leased facilities and all solicitations and contracts for support services at Government-owned or -operated facilities.

Subpart 23.5—Greenhouse Gas Emissions

23.500 Scope of subpart.

This subpart addresses public disclosure…