Combined Synopsis Solicitation - W9127S25Q0005.pdf

This is a combined synopsis/solicitation for commercial service prepared in accordance with the format in FAR 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 W9127S25Q0005 is issued as a request for quotation (RFQ).

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-03.

Set Aside, NAICS Code & Size Standard: This solicitation is set-aside for Small Business. The NAICS Code 561210 Facilities Support Services and the applicable size standard of $47 million.

Description of requirements for the items to be acquired:

The Contractor shall furnish all necessary management, personnel, materials, supplies, parts, tools, equipment, and vehicles, except as otherwise provided for herein, required to perform the operation and maintenance service within the area of responsibility of the Millwood Lake Project Office.

Period of Performance

Base Year: date of contract award through 28 February 2026 Option Year 1: 01 March 2026 through 28 February 2027

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.

Place of Performance:

Millwood Lake Office - MWPO

1528 Hwy 32E

Ashdown AR 71822

Site Visit Information January 30, 2025 10:00 AM CST

Millwood Lake Project Office 1528 Hwy 32 East Ashdown AR 71822

POC: Darcy Reed

(501) 340-1459 darcy.r.reed@usace.army.mil

Quotes are due on February 25, 2025 at 12 PM CST

Required Documents to Submit:

1. Request for Quotation cover page (signed)

2. Completed (filled in) Provisions, as applicable

3. Quote Schedule with unit prices and total prices

4. Signed Amendments, if applicable

When submitting your quote, be please make sure the solicitation number, W9127S25Q0005, is written in the subject line.

Email: jason.r.graefen@usace.army.mil

If you have any questions regarding this solicitation, please contact:

Jason Graefen 818-792-0253 jason.r.graefen@usace.army.mil

The provision at 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition and a statement regarding any addenda to the provision. Offerors are also required to submit a completed copy of the Request for Quotation cover page and a completed copy of the quote schedule.

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.

REQUEST FOR QUOTATION COVER PAGE

US Army Corps of Engineers, Little Rock District Contracting

Division 700 West Capitol Avenue Room 7315

Little Rock, AR 72203

W9127S25Q0005, IDIQ General Maintenance Services, Millwood Lake Project Office

Submitted by:

Offeror Name:

Offeror Address:

Offeror Email Address:

Cage Code:

UEI Number:

TIN:

Telephone Number:

Signature:

Date:

Item No Carpentry/Painting Quantity Unit Unit Price Total Price 0001 Normal Service Call 25 EA 0002 Emergency Service Call 10 EA 0003 Emergency Debris Removal 5,000 EA 0004 Estimated Material Costs 30,000 EA 1.00$ 0005 Remove/Replace Existing Timbers 5,000 LF 0006 Remove/Replace Base Timbers 3,000 LF 0007 Install Timbers 500 LF 0008 Install Base Timbers 500 LF 0009 Handrails 2x4x16 Ground Contact 2,000 LF 0010 Handrails 2x6x16 Ground Contact 2,000 LF 0011 Handrails 4x4x10 Ground Contact Post 500 LF 0012 Handrails 4x4x16 Ground Contact Post 500 LF 0013 Campsite Marker Post 50 ea 0014 Replace/Install One Post Signs 30 EA 0015 Replace/Install Two Post Signs 30 EA 0016 Fill Material 2,000 TON 0017 Sand Material 400 Ton 0018 Pea Gravel 300 TON 0019 Aggregate Base Material 2,000 TON 0020 Aggregate Base Material 3/4" 2,000 TON 0021 Rip Rap Stone 6" and Smaller 2,000 TON 0022 Rip Rap Stone 6" - 12" 2,000 TON 0023 Rip Rap Stone 12" - 16" 2,000 TON 0024 Rip Rap Stone 18" - 24" 2,000 TON 0025 Pipe Rail Fence 2,000 LF 0026 Pipe Rail Gate 20 EA 0027 Chainlink Fence with Post 1,000 LF 0028 Replace Metal Entry Doors 10 EA 0029 Replace or Install Shower Bench 10 EA 0030 Replace/Install Utility Table Tops 50 EA 0031 Replace/Install Vinyl Coated Picnic Table 25 EA 0032 Culvert Replacement 18" 10 EA 0033 Culvert Replacement 24" 10 EA 0034 Culvert Replacement 36" 10 EA 0035 Culvert Replacement 48" 5 EA 0036 Concrete Headwall 13"-48" Culverts 20 EA 0037 Concrete 400 CY 0038 Asphalt 2,000 TON

Millwood- Base Year I.D.I.Q Maintenance

Furnish all necessary management, personnel, incidental materials, supplies, parts, tools, equipment, etc., to provide maintenance services as described in the Performance Work Statement, at Millwood Lake.

0039 Metal Picnic Shelter Canopy 10 EA 0040 Oil Base, Primer Coat 4,000 SF 0041 Oil Base, Intermediate or Finish Coat 5,000 SF 0042 Latex, Primer Coat 6,000 SF 0043 Latex, Intermediate or Finish Coat 5,000 SF 0044 Pavement Marking 9,000 LF

Quantity Unit 0045 Normal Service Call 10 EA 0046 Emergency Service Call 8 EA 0047 Estimated Material Costs 20,000 EA 1.00$ 0048 Replace or Install Camper Pedestal 25 EA 0049 Replace Security Light Fixture 10 EA 0050 Install/Replace Solar Lights 5 EA 0051 Install/Replace Solar Light Batteries 6 EA 0052 Install/Replace Solar Light Panel 4 EA 0053 Estimated Material Costs Solar Lights 10,000 EA 1.00$ 0054 Trenching (Electrical Lines) 2,500 LF 0055 Replace Underground Electrical #1 AWG 400 LF 0056 Replace Underground Electrical #2 AWG 400 LF 0057 Replace Underground Electrical #4 AWG 400 LF 0058 Replace Underground Electrical #6 AWG 400 LF 0059 Replace/Install Underground Primary 2,500 LF

Quantity Unit 0060 Normal Service Call 20 EA 0061 Emergency Service Call 15 EA 0062 Estimated Material Costs 15,000 EA 1.00$ 0063 Trenching and Backfilling (Water Lines) 1,500 LF 0064 Replace Lift Station Pump 6 EA 0065 Replace or Install Underground Water Line 3/4" - 2" 2,500 LF 0066 Replace or Install Underground Water Line 2" - 4" 2,500 LF 0067 Replace Water Heater 85 Gallon 6 EA 0068 Install Vermiculite 150 BAG 0069 Replace Frost Proof Water Hydrant 15 EA 0070 Replace or Install Hydrant Assembly 25 EA 0071 Replace Trailer Dump Station Water Tower 4 EA 0072 Septic Tank Pump Out Service 80 EA

Quantity Unit 0073 Dump Truck, 10 Yard 130 HRS 0074 Tractor W/Blade 40 HRS 0075 Skidsteer w/Attachments 250 HRS 0076 Tractor w/Front Loader 80 HRS 0077 Dozer Work 200 HRS 0078 Trackhoe w/30ft Boom 200 HRS 0079 Road Grader 50 HRS 0080 Mini Excavator 250 HRS

Equipment

Electrical

Plumbing and Septic Maintenance

0081 Bucket Truck 250 HRS 0082 Concrete Saw 60 HRS 0083 Side Boom Bushhog 200 HRS 0084 Compactor 120 HRS 0085 Rubber Tire Loader 250 HRS

Quantity Unit 0086 Bouy Installation/Removal 200 Each 0087 Buoy Line Inspection 5 Each 0088 Estimated Material Costs 10,000 Each 1.00$

Quantity Unit 0089 Yearly Maintenance 5 Each 0090 Emergency Service Call 5 Each 0091 Estimated Material Costs 12,000 Each 1.00$

Quantity Unit 0092 Yearly Maintenance 8 each 0093 Emergency Service Call 5 Each 0094 Estimated Material Costs 12,000 Each 1.00$

Base Year Total:

Provided By:

Buoys

Generator Maintenance

HVAC Maintenance

Item No Carpentry/Painting Quantity Unit Unit Price Total Price 1001 Normal Service Call 25 EA 1002 Emergency Service Call 10 EA 1003 Emergency Debris Removal 5,000 EA 1004 Estimated Material Costs 30,000 EA 1.00$ 1005 Remove/Replace Existing Timbers 5,000 LF 1006 Remove/Replace Base Timbers 3,000 LF 1007 Install Timbers 500 LF 1008 Install Base Timbers 500 LF 1009 Handrails 2x4x16 Ground Contact 2,000 LF 1010 Handrails 2x6x16 Ground Contact 2,000 LF 1011 Handrails 4x4x10 Ground Contact Post 500 LF 1012 Handrails 4x4x16 Ground Contact Post 500 LF 1013 Campsite Marker Post 50 EA 1014 Replace/Install One Post Signs 30 EA 1015 Replace/Install Two Post Signs 30 EA 1016 Fill Material 2,000 TON 1017 Sand Material 400 Ton 1018 Pea Gravel 300 TON 1019 Aggregate Base Material 2,000 TON 1020 Aggregate Base Material 3/4" 2,000 TON 1021 Rip Rap Stone 6" and Smaller 2,000 TON 1022 Rip Rap Stone 6" - 12" 2,000 TON 1023 Rip Rap Stone 12" - 16" 2,000 TON 1024 Rip Rap Stone 18" - 24" 2,000 TON 1025 Pipe Rail Fence 2,000 LF 1026 Pipe Rail Gate 20 EA 1027 Chainlink Fence with Post 1,000 LF 1028 Replace Metal Entry Doors 10 EA 1029 Replace or Install Shower Bench 10 EA 1030 Replace/Install Utility Table Tops 50 EA 1031 Replace/Install Vinyl Coated Picnic Table 25 EA 1032 Culvert Replacement 18" 10 EA 1033 Culvert Replacement 24" 10 EA 1034 Culvert Replacement 36" 10 EA 1035 Culvert Replacement 48" 5 EA 1036 Concrete Headwall 13"-48" Culverts 20 EA 1037 Concrete 400 CY 1038 Asphalt 2,000 TON

Millwood- Option 1 I.D.I.Q Maintenance

Furnish all necessary management, personnel, incidental materials, supplies, parts, tools, equipment, etc., to provide maintenance services as described in the Performance Work Statement, at Millwood Lake.

1039 Metal Picnic Shelter Canopy 10 EA 1040 Oil Base, Primer Coat 4,000 SF 1041 Oil Base, Intermediate or Finish Coat 5,000 SF 1042 Latex, Primer Coat 6,000 SF 1043 Latex, Intermediate or Finish Coat 5,000 SF 1044 Pavement Marking 9,000 LF

Quantity Unit 1045 Normal Service Call 10 EA 1046 Emergency Service Call 8 EA 1047 Estimated Material Costs 20,000 EA 1.00$ 1048 Replace or Install Camper Pedestal 25 EA 1049 Replace Security Light Fixture 10 EA 1050 Install/Replace Solar Lights 5 EA 1051 Install/Replace Solar Light Batteries 6 ea 1052 Install/Replace Solar Light Panel 4 ea 1053 Estimated Material Costs Solar Lights 10,000 ea 1.00$ 1054 Trenching (Electrical Lines) 2,500 LF 1055 Replace Underground Electrical #1 AWG 400 LF 1056 Replace Underground Electrical #2 AWG 400 LF 1057 Replace Underground Electrical #4 AWG 400 LF 1058 Replace Underground Electrical #6 AWG 400 LF 1059 Replace/Install Underground Primary 2,500 LF

Quantity Unit 1060 Normal Service Call 20 EA 1061 Emergency Service Call 15 EA 1062 Estimated Material Costs 15,000 EA 1.00$ 1063 Trenching and Backfilling (Water Lines) 1,500 LF 1064 Replace Lift Station Pump 6 EA 1065 Replace or Install Underground Water Line 3/4" - 2" 2,500 LF 1066 Replace or Install Underground Water Line 2" - 4" 2,500 LF 1067 Replace Water Heater 85 Gallon 6 EA 1068 Install Vermiculite 150 BAG 1069 Replace Frost Proof Water Hydrant 15 ea 1070 Replace or Install Hydrant Assembly 25 EA 1071 Replace Trailer Dump Station Water Tower 4 EA 1072 Septic Tank Pump Out Service 80 EA

Quantity Unit 1073 Dump Truck, 10 Yard 130 HRS 1074 Tractor W/Blade 40 HRS 1075 Skidsteer w/Attachments 250 HRS 1076 Tractor w/Front Loader 80 HRS 1077 Dozer Work 200 HRS 1078 Trackhoe w/30ft Boom 200 HRS 1079 Road Grader 50 HRS 1080 Mini Excavator 250 HRS

Equipment

Electrical

Plumbing and Septic Maintenance

1081 Bucket Truck 250 HRS 1082 Concrete Saw 60 HRS 1083 Side Boom Bushhog 200 HRS 1084 Compactor 120 HRS 1085 Rubber Tire Loader 250 HRS

Quantity Unit 1086 Bouy Installation/Removal 200 Each 1087 Buoy Line Inspection 5 Each 1088 Estimated Material Costs 10,000 Each 1.00$

Quantity Unit 1089 Yearly Maintenance 5 Each 1090 Emergency Service Call 5 Each 1091 Estimated Material Costs 12,000 Each 1.00$

Quantity Unit 1092 Yearly Maintenance 8 each 1093 Emergency Service Call 5 Each 1094 Estimated Material Costs 12,000 Each 1.00$

Option 1 Total:

Provided By:

Total Contract Price:

Buoys

Generator Maintenance

HVAC Maintenance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

Destination Government Destination Government

DELIVERY INFORMATION

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

BASE

PERIOD

DATE OF CONTRACT

AWARD TO 28-FEB-2026

N/A MILLWOOD LAKE OFFICE-MWPO

DARCY REED

1528 HWY 32E

ASHDOWN AR 71822-9716

(501) 340-1459 FOB: Destination

96720X

OPTION

PERIOD 1

POP 01-MAR-2026 TO

28-FEB-2027

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

96720X

W9127S25Q0005

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-11 Certification and Disclosure Regarding Payments to Influence

Certain Federal Transactions

SEP 2024

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

52.204-7 System for Award Management NOV 2024 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

NOV 2023

52.217-5 Evaluation Of Options JUL 1990 52.223-1 Biobased Product Certification MAY 2024 52.223-2 Reporting of Biobased Products Under Service and

Construction Contracts.

MAY 2024

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2024 52.223-10 Waste Reduction Program MAY 2024 52.223-19 Compliance with Environmental Management Systems MAY 2011 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

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 252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

JAN 2023

252.205-7000 Provision Of Information To Cooperative Agreement Holders OCT 2024

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

252.215-7008 Only One Offer DEC 2022 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

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

NOV 2023

252.247-7023 Transportation of Supplies by Sea OCT 2024

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)

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).

52.204-20 PREDECESSOR OF OFFEROR (AUG 2020)

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 (MAY 2024) ALTERNATE I (FEB 2024)

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 (SDVOSB) concern" means a small business concern--

(1)(i) Not less than 51 percent of which is owned and controlled 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; or

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, 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), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.

"Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program" means an SDVOSB concern that--

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

"Service-disabled veteran-owned small business (SDVOSB) Program" means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

"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 and controlled 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) SDVOSB 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 that it [ ___ ] is, [ ___ ] is not an SDVOSB concern.

(4) SDVOSB concern joint venture eligible under the SDVOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [Complete only if the offeror represented itself as an SDVOSB concern in paragraph (c)(3) of this provision.] [The offeror shall enter the name and unique entity identifier of each party to the joint venture:

(5) 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 124.1001.

(6) 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.

(7) 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: ___ .]

(8) 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: ___ .]

Note to paragraphs (c)(9) and (10): Complete paragraphs (c)(9) and (10) only if this solicitation is expected to exceed the simplified acquisition threshold.

(9) 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.

(10) 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: _________

(11) 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…