Exhibit B_GSA 3516 Solicitation Provisions.pdf

GSA Template 3516 PAGE 1 (REV 3/26)

EXHIBIT B

SOLICITATION PROVISIONS

(Acquisition of Leasehold Interests in Real Property)

1. 552.270-1 INSTRUCTIONS TO OFFERORS – ACQUISITION OF LEASEHOLD INTERESTS

IN REAL PROPERTY (JUN 2011)

(a) Def initions. As used in this provision—

“Discussions” are negotiations that occur af ter establishment of the competitive range that may, at the Contracting Off icer’s discretion, result in the of feror being allowed to revise its proposal.

“In writing, writing or written” means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Proposal modif ication” is a change made to a proposal before the solicitation’s closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made af ter the solicitation closing date, at the request of or as allowed by a Contracting Off icer as the result of negotiations.

“Time,” if stated as a number of days, is calculated using calendar days, unless otherwise specif ied, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Of ferors shall acknowledge receipt of any amendment to this solicitation by the date and time specif ied in the amendment(s).

(c) Submission, modif ication, revision, and withdrawal of proposals.

(1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modif ications to proposals shall be submitted in paper media in sealed envelopes or packages Offers must be:

(i) Submitted on the forms prescribed and furnished by the Government as a part of this solicitation or on copies of those forms, and

(ii) Signed. The person signing an of fer must initial each erasure or change appearing on any of fer form. If the of feror is a partnership, the names of the partners composing the f irm must be included with the of fer.

(2) Late proposals and revisions.

(i) The Government will not consider any proposal received at the of f ice designated in the solicitation af ter the exact time specif ied for receipt of of fers unless it is received before the Government makes award and it meets at least one of the following conditions:

(A) It was sent by registered or certif ied mail not later than the f if th calendar day before the date specif ied for receipt of offers (e.g., an of fer submitted in response to a solicitation requiring receipt of of fers by the 20th of the month must have been mailed by the 15th).

(B) It was sent by mail (or telegram or facsimile, if authorized) or hand -carried (including delivery by a commercial carrier) if it is determined by the Government that the late receipt was due primarily to Government mishandling af ter receipt at the Government installation.

(C) It was sent by U.S. Postal Service Express Mail Next Day Service-Post Of f ice to

Addressee, not later than 5:00 p.m. at the place of mailing two working days prior to the date specif ied for receipt of proposals. The term “working days” excludes weekends and U.S. Federal holidays.

(D) It was transmitted through an electronic commerce method authorized by the solicitation and was received at the initial point of entry to the Government inf rastructure not later than 5:00 p.m. one working day prior to the date specif ied for receipt of proposals.

(E) There is acceptable evidence to establish that it was received at the activity designated for receipt of of fers and was under the Government’s control prior to the time set for receipt of of fers, and

GSA Template 3516 PAGE 2 (REV 3/26) that the Contracting Off icer determines that accepting the late of fer would not unduly delay the procurement.

(F) It is the only proposal received.

(ii) Any modif ication or revision of a proposal or response to request for information, including any f inal proposal revision, is subject to the same conditions as in paragraphs (c)(2)(i)(A) through (c)(2)(i)(E) of this provision.

(iii) The only acceptable evidence to establish the date of mailing of a late proposal or modif ication or revision sent either by registered or certif ied mail is the U.S. or Canadian Postal Service postmark both on the envelope or wrapper and on the original receipt f rom the U.S. or Canadian Postal Service. Both postmarks must show a legible date or the proposal, response to a request for information, or modif ication or revision shall be processed as if mailed late. “Postmark” means a printed, stamped, or otherwise placed impression (exclusive of a postage meter machine impression) that is readily identif iable without further action as having been supplied and af f ixed by employees of the U.S. or Canadian Postal Service on the date of mailing. Therefore, of ferors or respondents should request the postal clerk to place a legible hand cancellation bull’s eye postmark on both the receipt and the envelope or wrapper.

(iv) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or s tatements of Government personnel.

(v) The only acceptable evidence to establish the date of mailing of a late of fer, modif ication or revision, or withdrawal sent by Express Mail Next Day Service-Post Of f ice to Addressee is the date entered by the post of f ice receiving clerk on the “Express Mail Next Day Service-Post Of f ice to Addressee” label and the postmark on both the envelope or wrapper and on the original receipt f rom the U.S. Postal Service. “Postmark” has the same meaning as def ined in paragraph (c)(2)(iii) of this provision, excluding postmarks of the Canadian Postal Service. Therefore, of ferors or respondents should request the postal clerk to place a legible hand cancellation bull’s eye postmark on both the receipt and the envelope or wrapper.

(vi) Notwithstanding paragraph (c)(2)(i) of this provision, a late modif ication or revision of an otherwise successful proposal that makes its terms more favorable to the Government will be considered at any time it is received and may be accepted.

(vii) An of feror may withdraw its proposal by written notice or telegram (including mailgram) received at any time before award. If the solicitation authorizes facsimile proposals, an of feror may withdraw its proposal via facsimile received at any time bef ore award, subject to the conditions specif ied in the provision entitled “Facsimile Proposals.” Proposals may be withdrawn in person by an of feror or an authorized representative, if the representative’s identity is made known and the representative signs a receipt for the proposal before award.

(viii) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the of f ice designated for receipt of proposals by the exact time specif ied in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specif ied for receipt of proposals will be deemed to be extended to the same time of day specif ied in the solicitation on the f irst work day on which normal Government processes resume. If no time is specif ied in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government of f ice.

(3) Any information given to a prospective of feror concerning this solicitation will be furnished promptly to all other prospective of ferors, if that information is necessary in submitting of fers or if the lack of it would be prejudicial to any other prospective of feror.

(4) Of ferors may submit modif ications to their proposals at any time before the solicitation closing date and time, and may submit modif ications in response to an amendment, or to correct a mistake at any time before award.

(5) Of ferors may submit revised proposals only if requested or allowed by the Contracting Off icer.

(6) The Government will construe an of fer to be in full and complete compliance with this solicitation unless the of fer describes any deviation in the of fer.

GSA Template 3516 PAGE 3 (REV 3/26)

(7) Of ferors may submit proposals that depart f rom stated requirements. Such a proposal shall clearly identify why the acceptance of the proposal would be advantageous to the Government. The proposal must clearly identify and explicitly def ine any deviatio ns f rom the terms and conditions of the solicitation, as well as the comparative advantage to the Government. The Government reserves the right to amend the solicitation to allow all of ferors an opportunity to submit revised proposals based on the revised requirements.

(d) Restriction on disclosure and use of data. An of feror that includes in its proposal data that it does not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, must meet both of the following conditions:

(1) Mark the title page with the following legend:

This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed—in whole or in part—for any purpose other than to evaluate this proposal.

If , however, a lease is awarded to this of feror as a result of—or in connection with—the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government’s right to use information contained in this data if it is obtained f rom another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets] .

(2) Mark each sheet of data it wishes to restrict with the following legend:

Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(e) Lease award.

(1) The Government intends to award a lease resulting f rom this solicitation to the responsible of feror whose proposal represents the best value af ter evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government’s interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a lease af ter conducting discussions with of ferors whose proposals have been determined to be within the competitive range. If the

Contracting Off icer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an ef f icient competition can be conducted, the Contracting Off icer may limit the number of proposals in the competitive range to the greatest number that will permit an ef f icient competition among the most highly rated proposals. Therefore, the of feror’s initial proposal should contain the of feror’s best terms f rom a price and technical standpoint.

(5) Exchanges with of ferors af ter receipt of a proposal do not constitute a rejection or counterof fer by the Government.

(6) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is signif icantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Off icer determines that the lack of balance poses an unacceptable risk to the Government.

(7) ) The execution and delivery of the Lease contract by the Government establishes a valid award and contract.

(8) The Government may disclose the following information in postaward debrief ings to other of ferors:

GSA Template 3516 PAGE 4 (REV 3/26)

(i) The overall evaluated cost or price and technical rating of the successful of feror;

(ii) The overall ranking of all of ferors, when any ranking was developed by the agency during source selection; and

(iii) A summary of the rationale for award.

(f ) Paperwork collection. The information collection requirements contained in this solicitation/contract are either required by regulation or approved by the Off ice of Management and Budget pursuant to the Paperwork Reduction Act and assigned OMB Control No. 3090-0163.

2. 552.270-3 PARTIES TO EXECUTE LEASE (JUN 2011)

(a) If the lessor is an individual, that individual shall sign the lease. A lease with an individual doing business as a f irm shall be signed by that individual, and the signature shall be followed by the individual's typed, stamped, or printed name and the wo rds, “an individual doing business as

_______________ [insert name of f irm].”

(b) If the Lessor is a partnership, the lease must be signed in the partnership name, followed by the name of the legally authorized partner signing the same, and a copy of either the partnership agreement or current Certif icate of Limited Partnership shall accompany the lease.

(c) If the Lessor is a corporation, the lease must be signed in the corporate name, followed by the signature and title of the of f icer or other person signing the lease on its behalf , duly attested, and, if requested by the Government, evidence of this authority to so act shall be furnished.

d) If the Lessor is a joint venture, the lease must be signed by each participant in the joint venture in the manner prescribed in paragraphs (a) through (c) of this provision for each type of participant. When a corporation is participating in the joint venture, the corporation shall provide evidence that the corporation is authorized to participate in the joint venture.

(e) If the lease is executed by an attorney, agent, or trustee on behalf of the Lessor, an authenticated copy of the power of attorney, or other evidence to act on behalf of the Lessor, must accompany the lease.

3. 52.233-2 SERVICE OF PROTEST (SEP 2006) (VARIATION)

(Applies to leases over the Simplif ied Lease Acquisition Threshold.)

(a) Protests, as def ined in section 33.101 of the Federal Acquisition Regulation, that are f iled directly with an agency, and copies of any protests that are f iled with the Government Accountability Of f ice (GAO), shall be served on the Contracting Off icer by o btaining written and dated acknowledgment of receipt f rom the Contracting Off icer at the address shown elsewhere in this solicitation.

(b) The copy of any protest shall be received in the of f ice designated above within one day of f iling a protest with the GAO.

4. 552.270-35 SYSTEM FOR AWARD MANAGEMENT – LEASING (DEC 2024)

(a) Definitions. As used in this provision—

“Electronic Funds Transfer (EFT) indicator” means a four-character suf f ix to the unique entity identif ier.

The suf f ix is assigned at the discretion of the commercial, nonprof it, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

“Registered in the System for Award Management (SAM)" means that—

(1) The Offeror has entered all mandatory information, including the unique entity identif ier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM;

(2) The Offeror has completed the Core, Assertions, Representations and Certif ications, and Points of Contact sections of the registration in SAM;

GSA Template 3516 PAGE 5 (REV 3/26)

(3) The Government has validated all mandatory data f ields, to include validation of the Taxpayer Identif ication Number (TIN) with the Internal Revenue Service (IRS). The of feror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

“Unique entity identif ier" means a number or other identif ier used to identify a specif ic commercial, nonprof it, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identif iers.

(b) (1) An Offeror is required to be registered in SAM at time of award, and shall maintain registration in SAM during contract performance, and through f inal payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting f rom this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its of fer, the annotation "Unique Entity Identif ier" followed by the unique entity identif ier that identif ies the Offeror's name and address exactly as stated in the o f fer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identif ier will be used by the Contracting Off icer to verify that the Offeror is registered in SAM.

(c) If the Offeror does not have a unique entity identif ier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identif ier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which the entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate f rom physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive of f icer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within the entity).

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Off icer, the Contracting Off icer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time should be taken into consideration when registering. Of ferors who are not registered in SAM should consider applying for registration immediately upon receipt of the solicitation.

See https://www.sam.gov for information on registration.

5. 52.204-7 SYSTEM FOR AWARD MANAGEMENT - REGISTRATION (NOV 2025 – GSA

Class Deviation RFO-2025-40)

This provision is incorporated by reference.

See https://www.sam.gov for information on registration.

6. 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND

CERTIFICATIONS (NOV 2025 – GSA Class Deviation RFO-2025-40)

As prescribed in 40.205(a), insert the following provision:

Security Prohibitions and Exclusions Representations and Certif ications (Deviation Date)

(a) Def initions. As used in this provision—

Backhaul, covered article, covered telecommunications equipment or services, critical technology, FASCSA order, Intelligence community, interconnection arrangements, national security system, roaming, sensitive compartmented information, sensitive compartmented information system, source, and substantial or essential component have the meanings provided in the clause 52.240-91, Security Prohibitions and Exclusions.

Business operations means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any o ther apparatus of business or commerce.

https://www.sam.gov/

GSA Template 3516 PAGE 6 (REV 3/26)

Marginalized populations of Sudan means—

(1) Adversely af fected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and

(2) Marginalized areas in Northern Sudan described in section 4(9) of such Act.

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 def ined 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 def ined 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 under specif ic authorization f rom the Off ice of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law f rom 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, sof tware, telecommunications equipment, or any other technology that is to be used specif ically—

(i) To restrict the f ree f low 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)).

(b) Procedures.

(1) Covered telecommunications and video surveillance. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”

(2) FASCSA Orders.

(i) The Offeror shall search in SAM for the phrase “FASCSA order” for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (e) of FAR 52.240-91, Security Prohibitions and Exclusions.

(ii) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM but are ef fective and apply to the solicitation and resultant contract (see FAR 40.204-1(c)(2)).

(iii) FASCSA orders issued af ter the date of solicitation do not apply unless added by an amendment to the solicitation.

(c) Covered telecommunications equipment or services representations. By submission of its offer, the Offeror represents that, af ter conducting a reasonable inquiry (that looks at any information in the Offeror’s possession but does not need to include an internal or third-party audit)—

(1) It will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting f rom this solicitation, except as waived by the solicitation, or as disclosed in paragraph (g); and

GSA Template 3516 PAGE 7 (REV 3/26)

(2) It does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services, except as waived by the solicitation, or as disclosed in paragraph (g).

(d) FASCSA Representation. By submission of this offer, the of feror represents that it has conducted a reasonable inquiry, and that the of feror does not propose to provide or use in response to this solicitation any covered article, or any products or serv ices produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in ef fect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (g). A reasonable inquiry will look at any information in the of feror’s possession but does not need to include an internal or third-party audit.

(e) Sudan certif ication. By submission of its of fer, the of feror certif ies, af ter conducting a reasonable inquiry (that looks at any information in the of feror’s possession but does not need to include an internal or third-party audit), that the of feror does not conduct any restricted business operations in Sudan.

(f ) Iran Representation and Certif ications.

(1) Except as provided in paragraph (f )(2) of this provision or if a waiver has been granted in accordance with FAR 40.203-3, the of feror, af ter conducting a reasonable inquiry (that looks at any information in the of feror’s possession but does not need to include an internal or third-party audit), by submission of its of fer—

(i) Represents, to the best of its knowledge and belief , that the of feror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of , the government o f Iran;

(ii) Certif ies that the of feror, or any person (as def ined at section 15 of the Iran Sanctions Act of 1996, Pub. L. 104-172, 50 U.S.C. 1701 note) owned or controlled by the of feror, does not engage in any activities for which sanctions may be imposed under section 5 of the Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of ref ined petroleum products in Iran, sale and provision of ref ined petroleum products to Iran, and contributing to Iran’s ability to acquire or develop certain weapons or technologies; and

(iii) Certif ies that the of feror, and any person owned or controlled by the of feror, does not knowingly engage in any transaction that exceeds $15,000 with Iran’s Revolutionary Guard Corps or any of its of f icials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC’s Specially Designated Nationals and Blocked Persons List at https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx)

(2) Exception for trade agreements. The representation and certif ication requirements of paragraph (f )(1) of this provision do not apply if —

(i) This solicitation includes a trade agreements notice or certif ication (e.g., 52.225-6, Trade Agreements Certif icate); and

(ii) The of feror has certif ied that all the of fered products to be supplied are designated country end products or designated country construction material.

(iii) The of feror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov.

(g) Disclosure.

(1) If the Offeror is not able to represent compliance with the prohibitions in paragraphs (c) or (d), then the Offeror shall disclose within 72 hours to the contracting of f ice identif ied in paragraph (g)(2) the following information for each product or service not compliant:

(i) Contract number and order number, if applicable;

(ii) Identif ication of whether this disclosure relates to paragraph (c) on covered telecommunication equipment or services, or to paragraph (d) on FASCSA orders;

(iii) A description of the products or services that the Contractor identif ies or has reason to suspect is prohibited (include brand; model number, such as the original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

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(iv) The entity that produced the product or service (include entity name, unique entity identif ier, Contractor and Government Entity (CAGE) code, facilities responsible for design, fabrication, assembly, packaging, and test of the product, and whether the entity was the OEM or a distributor (provide manufacturer codes and distributor codes used for the product));

(v) Description of the functionality of the product or service and how that functionality impacts the risk to the product or service;

(vi) An explanation of any factors relevant to determining if the product or service should be permitted by an applicable exception, exemption, or waiver (if the of feror would like the Government to consider a waiver);

(vii) Whether alternative products or services are available that would be compliant with the prohibition;

(viii) If the product or service is related to item maintenance, include the following information on the item being maintained:

(A) Brand;

(B) Model number, OEM number, manufacturer part number, or wholesaler number; and

(C) Item description, as applicable.

(ix) Any readily available information about mitigation actions undertaken or recommended.

(2) If a disclosure is required to be submitted to a contracting of f ice, the of feror shall submit the disclosure as follows:

(i) If a Department of Defense contracting of f ice, the of feror shall submit the disclosure to the website at https://dibnet.dod.mil.

(ii) For all other contracting of f ices, the Offeror shall submit the disclosure to the Contracting Off icer.

(3) If the disclosure provided does not contain any of the information required by paragraph (1), and the Offeror later discovers new information that is required by paragraph (1), then the Offeror shall submit a subsequent disclosure within 72 hours of discovering the new information.

(h) Executive agency review of disclosures. The Contracting Off icer will review disclosures provided in paragraph (g) to determine if any applicable waiver may be sought. The Contracting Off icer may choose not to pursue a waiver and may instead make an award to an Offeror that does not require a waiver.