Glorieta Solicitation Final 11.12.pdf

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Real Estate Property Appraisal for the Office of Refugee Resettlement Solicitation No. 75ACF122Q00006

Department of Health & Human Services

Administration for Children Families

GOVERNMENT CONTRACTING SERVICES

COMBINED SYNOPSIS/SOLICITATION 75ACF122Q00006

Real Estate Property Appraisal for the Office of Refugee Resettlement

The Administration for Children and Families (ACF) is requesting real estate property appraisal for the Glorieta Adventure Camp outside of Santa Fe, NM in accordance with the requirements within the attached Statement of Work.

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 – Streamlined Procedures for Evaluation and Solicitation for

Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested, and a separate written solicitation document will not be issued. This solicitation is being issued under the authority of FAR Part 13 Simplified Acquisition Procedures.

This solicitation is a Request for Quotations (RFQ). The solicitation document and incorporated clauses are those in effect through Federal Acquisition Circular (FAC) 2021-053 effective 10

June 2021.

The associated North American Industrial Classification System (NAICS) code for this procurement is 531320 with a small business size standard of $8.0 M. This acquisition is being procured as a Small Business Set Aside.

Responsible quoters shall provide pricing for the following:

LINE

ITEM

NO.

SUPPLIES /

SERVICES

QTY

AMOUNT

Real Estate

Property

Appraisal for

Glorieta, NM

Total $XXX

Period of Performance: 45 days after date of purchase order award.

EVALUATION CRITERIA AND BASIS FOR AWARD

The Government intends to award a purchase order resulting from this solicitation to the responsible quoter whose quotation, conforming to the solicitation, is the lowest priced, technically acceptable (LPTA) quotation.

Technically acceptable means that the Quoter provides a quotation that meets the requirements within the Statement of Work. Price will be evaluated for all quoters whose quotations are

Real Estate Property Appraisal for the Office of Refugee Resettlement Solicitation No. 75ACF122Q00006 determined technically acceptable. Price will be evaluated to determine that total price is consistent with the technical portion of the quotation and is a fair and reasonable overall price to the Government.

*The Government will evaluate the quotations only to the extent necessary to identify the lowest price technically acceptable quotation. If a quotation is determined to be not acceptable, the proposal will be removed from competition and no further evaluation will take place.

REQUIRED SUBMISSIONS

To be considered for award, the quoter shall submit a quotation which, at a minimum, includes the following:

1. A technical quotation containing a detailed technical approach which clearly demonstrates the quoter’s ability to perform all requirements of the attached Statement of Work. The quoter may include any other information that is deemed necessary. The technical quotation will be evaluated in accordance with (IAW) the evaluation criteria established in the “EVALUATION

CRITERIA AND BASIS FOR AWARD” section. The technical quotation is limited to ten (10) pages. Pages above the allowed limit will not be evaluated. The (redacted) past Yellowbook

Appraisal mentioned below does not count towards the ten (10) pages.

2. A Firm fixed price quotation that includes the total price for all the requirements of the

Statement of Work including travel. The firm fixed price shall provide a breakout of the buildup to support the labor, materials, and the travel. The price quotation will be evaluated IAW the evaluation criteria established in the “EVALUATION CRITERIA AND BASIS FOR AWARD” section. The price quotation is limited to three (3) pages. Pages above the allowed limit will not be evaluated.

3. If the Quoter objects to any of the terms and conditions contained in this solicitation, the quoter shall state “The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:” [Quoter shall list exception(s) and rationale for the exception(s)]. It is the sole responsibility of the Quoter to identify in their quote any exceptions to the terms and conditions of the solicitation. If the quoter does not include such a statement, the submission of a quotation in response to this solicitation will be regarded as the Contractor’s acceptance of the Government’s terms and conditions for inclusion into the resultant purchase order. The Government reserves the right to reject exceptions/assumptions.

4. The DUNS number for the quoter’s active System for Award Management (SAM) registration. Quoters must have an active registration at www.SAM.Gov at the time of quote submission to receive an award.

5. A completed version of all required solicitation provisions (see attached provisions/clauses document – provisions requiring a response are highlighted).

6. The Appraiser/Contractor shall submit a (redacted) past Yellowbook Appraisal that they have completed and signed.

http://www.sam.gov/

Real Estate Property Appraisal for the Office of Refugee Resettlement Solicitation No. 75ACF122Q00006

7. The Appraiser/Contractor shall state whether they will complete the work in-house or subcontract the work. If the work is to be subcontracted, the subcontractor’s quote and credentials shall be submitted for evaluation of the previously listed selection criteria.

Award Payment - Partial payments are not authorized. The awardee shall be paid in one lump sum payment upon successful completion and Government acceptance.

Please note that this procurement IS NOT being conducted under the GSA Federal Supply

Schedule (FSS) program or another Government-Wide Area Contract (GWAC). If a quoter submits a quotation based upon an FSS or GWAC contract, the Government will accept the quoted price. However, the terms and conditions stated herein will be included in any resultant Purchase Order, not the terms and conditions of the contractor’s FSS or

GWAC contract, and the statement required above shall be included in the quotation.

Quoters shall submit their questions to this RFQ by no later than (NLT) 11/16/2021 at 12:00 PM

ET via email to John.Clauff@acf.hhs.gov and Yolanda.Stone@acf.hhs.gov. Questions or requests for extension submitted after the cutoff date will not be considered.

Quote submissions are due by 11/19/2021 at 3:00 PM ET. Quotes shall be submitted via email to John.Clauff@acf.hhs.gov and Yolanda.Stone@acf.hhs.gov.

mailto:John.Clauff@acf.hhs.gov mailto:andYolanda.Stone@acf.hhs.gov mailto:John.Clauff@acf.hhs.gov mailto:Yolanda.Stone@acf.hhs.gov

Real Estate Property Appraisal for the Office of Refugee Resettlement Solicitation No. 75ACF122Q00006

Statement of Work

1. General This is a non-personnel services contract to provide for appraisal of the Glorieta

Adventure Camp property located at 11 NM-50, Glorieta, New Mexico 87535. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform appraisal of the Glorieta Adventure Camp property as defined in this

Statement of Work. The contractor shall perform to the standards in this contract. The Appraiser/

Contractor must possess a General State Certification in New Mexico or must obtain a temporary practice permit.

1.2 Background: The Glorieta Adventure Camp property is under review for lease and/or acquisition by the Government. The subject property consists of the tax parcel known as PIN

#99306046. The property under this same number is segmented in the local tax database as follows:

http://assessor.santafecountynm.gov/map_retired.php?searchType=ParcelNumber&searchValue=9

9306046

These parcels are under common ownership and shall be appraised as a single property.

1.3 Objectives: The Contractor shall appraise the Glorieta Adventure Camp property, and shall prepare, furnish, and deliver to the Government an appraisal report in electronic (.pdf) format upon completion of the supporting inspections, investigations, research, and studies.

Property rights to be appraised are:

● Fee simple ownership, subject to all easements, encumbrances, and restrictions of record.

● Rental rate for the property, including the existing buildings on the approx. 100 acres.

The objective of the appraisal is to estimate the market value of the fee simple estate of the subject property, and to estimate the rental rate as of the publication date of the property appraisal. The appraisal will be used in support of negotiations for a federal acquisition/rental of the property.

1.4 Scope: The Contractor shall compile and publish the appraisal report in support of its intended use, the needs of the user, and the complexity of the property.

● The Contractor shall make a detailed field inspection and identification of the property.

● The Contractor shall make such investigations, research, and studies as are appropriate and necessary to enable the Contractor to derive sound conclusions and to prepare the appraisal report to be furnished under this contract per the established industry standards detailed in this Statement of Work.

● The appraisal report shall, in form and substance, conform to the requirements for appraisal reports as set forth by the current version of the Uniform Standards of Professional

Appraisal Practice (USPAP) in effect upon the date of the report; shall present adequate http://assessor.santafecountynm.gov/map_retired.php?searchType=ParcelNumber&searchValue=99306046 http://assessor.santafecountynm.gov/map_retired.php?searchType=ParcelNumber&searchValue=99306046

Real Estate Property Appraisal for the Office of Refugee Resettlement Solicitation No. 75ACF122Q00006 factual data to support each rate, percentage, or amount used in sufficient detail to permit an intelligent review of the appraisal report; shall relate conclusions to those facts; and shall, among other things, include the items set forth herein.

● The appraisal is required to be compliant with the Uniform Appraisal Standards for

Federal Land Acquisitions (UASFLA or “Yellow Book”).

The appraisal report shall at minimum meet the following requirements and conditions:

a) The appraisal shall comply with the USPAP and the UASFLA. In the event of contradiction between these standards, the UASFLA shall rule and a Jurisdictional

Exception shall be cited as the authority.

b) The appraiser is responsible for determination of the applicable and necessary approaches.

If the appraiser determines that any of the three conventional approaches are not necessary, they should contact the Contracting Officer Representative (COR). The appraiser should review the discussion of the approaches in the UASFLA before making their determination.

c) The appraiser shall include an estimate of the market value of the land as though vacant, unimproved, and available for development to its highest and best use.

d) Due to the conditions described in Item 1.4(f) below, Extraordinary Assumption (EA) or

Hypothetical Condition (HC) may be used as a basis for the appraisal.

e) The effective date of value should be the date of the inspection.

f) No boundary survey, environmental site assessment or title report is currently available, and may not be available before the assignment is due. As a part of this assignment, the appraiser agrees to try to obtain these documents and to review them if and when they are available. If they have no material effect on the appraised value the appraiser will provide a revised report with the EAs and HCs removed at no additional cost to the government. If the appraiser determines that the documentation provided will have a material effect on the value, and if the Contracting Officer concurs, the appraiser will provide a fee and timeframe for revising their appraisal.

g) In accordance with the Yellow Book, a larger parcel analysis is required and if it is determined that the subject property as described herein is NOT the larger parcel, “Before and After” methodology should be utilized.

The appraisal report shall, in form and substance, conform to the requirements for an appraisal report as set forth by the USPAP and should adhere as closely as practical to the report format in

Section 2 of the Yellow Book; it shall present adequate factual data to support each rate, percentage, or amount used in sufficient detail to permit an intelligent review of the appraisal report.

2. Tasks

2.1 Basic Services

Basic services include Appraisal Kickoff Meeting; Submittal of the Appraisal Project Plan; Site

Inspection; Submission of Weekly Status Report; and Submission of Appraisal Report.

Real Estate Property Appraisal for the Office of Refugee Resettlement Solicitation No. 75ACF122Q00006

2.2 Appraisal Kickoff Meeting

The contractor and government will conduct an Appraisal Kickoff Meeting within 5 days of contract Notice to Proceed (NTP). The meetings will be conducted to review the contract requirements and to establish a plan for completing the appraisal.

2.3 Submission of Appraisal Project Plan

The contractor will submit a project plan that summarizes discussion from the Kickoff Meeting.

The plan will include a description of project deliverables and milestones. The Appraisal Project

Plan shall be submitted electronically within 7 days after NTP.

2.4 Site Inspection

The contractor will perform a detailed site inspection of the AHA property in order to obtain information necessary for completing the appraisal. The site inspection will be conducted with

Government and AHA staff. The site inspection will occur within 10 days after NTP.

2.5 Weekly Status Report

The contractor will submit weekly status reports that briefly summarize progress in developing the appraisal. Weekly status reports shall be submitted electronically to the COR each Friday until the appraisal is complete.

2.6 Appraisal Report

The contractor shall submit a final appraisal report for use by the Government to negotiate the acquisition and or lease of the AHA property. The report shall be submitted electronically in .pdf format within 30 days after contract award.

3. Deliverables and Milestones

MILESTONE/DELIVERABLE SOW

REFERENCE

PLANNED COMPLETION

DATE

Project Kickoff Meeting 2.2 NLT 5 days after NTP

Appraisal Project Plan 2.3 NLT 7 days after NTP

Site Inspection 2.4 NLT 10 days after NTP

Weekly Status Reports 2.5 Weekly (Friday of each week)

Appraisal Report 2.6 NLT 30 days after NTP

4. Period of Performance The period of performance shall be forty-five (45) calendar days after contract award.

4.1 Place of Performance: The work to be performed under this contract will be performed at the

Glorieta Adventure Camp property located at 11 NM-50, Glorieta, New Mexico 87535 and at

Contractor facilities.

4.2 Type of Contract: The government will award a firm-fixed-price contract.

Real Estate Property Appraisal for the Office of Refugee Resettlement Solicitation No. 75ACF122Q00006

4.3 Recognized Holidays: Government personnel will not be available on these recognized holiday dates.

New Year’s Day Labor Day

Martin Luther King Jr.’s Birthday Columbus Day

President’s Day Veteran’s Day

Memorial Day Thanksgiving Day

Independence Day Christmas Day

4.4 Hours of Operation: The contractor is responsible for conducting business between the hours of 8am to 5pm Monday thru Friday except Federal holidays or when the facility is closed due to local or national emergencies, administrative closings, or similar Government-directed facility closings. The Contractor must at all times maintain an adequate workforce for the performance of all tasks defined within this SOW.

5. Key Personnel and Qualifications

5.1 Special Qualifications: The Appraiser/Contractor must possess a General State Certification in

New Mexico or must obtain a temporary practice permit.

5.2 Key Personnel: The following personnel are considered key personnel by the government:

The Certified Appraiser.

The contractor shall provide a Certified Appraiser who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the

Certified Appraiser is absent shall be designated in writing to the contracting officer. The Certified

Appraiser or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The program manager or alternate shall be available between 8:30 a.m. to 5:00 p.m., Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons.

6. Government-Furnished Services and Property

6.1. Services and Property: No Government-Furnished services or property are required for the completion of this appraisal.

7. Government-Furnished Information

7.1. The Government will provide the below documents to the selected contractor:

● Site Plan

● List of Buildings

● Building Plans

8. Security Requirements

8.1 Security Requirements: Contractor personnel performing work under this contract must follow Glorieta Adventure Camp security procedures, and must maintain the level of security required for the life of the contract.

Real Estate Property Appraisal for the Office of Refugee Resettlement Solicitation No. 75ACF122Q00006

9. Travel

9.1 Travel: Contractor will be required to travel CONUS within the Santa Fe/Glorieta area during the performance of this contract to perform work and attend meetings. The contractor may be required to travel to off-site locations in support of this SOW. Contractor will be authorized travel expenses consistent with the substantive provisions of the Joint Travel Regulation (JTR) and the limitation of funds specified in this contract. All travel requires Government approval/authorization and notification to the COR.

10. Definitions and Acronyms

10.1. DEFINITIONS:

10.1.1. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

10.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government.

The CO is the only person with the authority to act as agent of the Government under this contract. Only the CO has authority to:

1. Direct or negotiate any changes within the contract;

2. Modify or extend the period of performance;

3. Change the delivery schedule;

4. Authorize reimburse to the Contractor of any costs incurred during the performance of this contract; and

5. Otherwise change any terms and conditions of this contract.

No information other than that which may be contained in an authorized modification to this contract, duly issued by the CO, which may be received from any person employed by the US Government, other otherwise, shall be considered grounds for deviation from any stipulation of this contract.

The Government may unilaterally change its CO designation, after which it will notify

Contractor in writing of such change. The CO will appoint a COR in writing through a COR

Appointment Letter that will be provided to the contractor upon award.

10.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S.

Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract. The term

"technical direction" includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.

The Contracting Officer's Representative does not have authority to issue technical direction that:

(1) Constitutes a change of assignment or additional work outside the specification(s)/statement of work;

(2) Constitutes a change as defined in the clause entitled "Changes";

(3) In any manner causes an increase or decrease in the contract price, Real Estate Property Appraisal for the Office of Refugee Resettlement Solicitation No. 75ACF122Q00006 or the time required for contract performance;

(4) Changes any of the terms, conditions, or specification(s)/work statement of the contract;

(5) Interferes with the contractor's right to perform under the terms and conditions of the contract; or

(6) Directs, supervises, or otherwise controls the actions of the contractor's employees.

Technical direction may be oral or in writing. The Contracting Officer's Representative shall confirm oral direction in writing within five work-days, with a copy to the Contracting

Officer.

The contractor shall proceed promptly with performance resulting from the technical direction issued by the Contracting Officers, Representative. If, in the opinion of the contractor, any direction of the Contracting Officers, Representative, or his/her designee, falls within the limitations in the paragraphs above, the contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day. Failure of the contractor and the

Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled "Disputes."

10.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Statement of Work.

10.1.5. DELIVERABLE. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

10.1.6. HIGHEST AND BEST USE (UASFLA, Para 1.4.4; Pg 22). The highest and most profitable use for which the property is adaptable and needed or likely to be needed in the reasonably near future.

10.1.7. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the SOW. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

10.1.8. MARKET VALUE (UASFLA, Para 4.2.1; Pg 93) – Market value is the amount in cash, or in terms reasonably equivalent to cash, for which in all probability the property would have sold on the effective date of the appraisal, after a reasonable exposure time on the open competitive market, from a willing and reasonably knowledgeable seller to a willing and reasonably knowledgeable buyer, with neither compelled to buy or sell, giving due consideration to all available economic uses of the property.

10.1.9. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

performance.

10.1.10. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the end product or service shall meet contract requirements.

10.1.11. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The

Government does not have privity of contract with the subcontractor.

Real Estate Property Appraisal for the Office of Refugee Resettlement Solicitation No. 75ACF122Q00006

10.1.12. WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

10.1.13. WORK WEEK. Monday through Friday, unless specified otherwise.

10.2. ACRONYMS:

CONUS Continental United States (excludes Alaska and Hawaii)

COR Contracting Officer Representative

COTR Contracting Officer's Technical Representative

COTS Commercial-Off-the-Shelf

CO Contracting Officer

EA Extraordinary Assumption

FAR Federal Acquisition Regulation

HC Hypothetical Condition

NTP Contract Notice to Proceed

OCI Organizational Conflict of Interest

OCONUS Outside Continental United States (includes Alaska and Hawaii)

ODC Other Direct Costs

POC Point of Contact

PRS Performance Requirements Summary

SOW Statement of Work

UASFLA Uniform Appraisal Standards for Federal Land Acquisitions (aka “Yellow

Book”)

USPAP Uniform Standards of Professional Appraisal Practice

11. Invoice Instructions

(1) Invoice Submission

The contractor shall submit invoices under this contract once per month.

Invoices shall be submitted in accordance with the contract terms.

A proper invoice, with all required back-up documentation shall be sent electronically, via email, to:

1) Contracting Officer's Representative (COR)Shane.deckert@acf.hhs.gov

2) Contracting Officer: Yolanda.Stone@acf.hhs.gov

3) Financial Management Services: psc_invoices@psc.hhs.gov

4) Acquisition Management Services: pscsas.invoices@psc.hhs.gov

The subject line of the invoice submission email shall contain the contract number, order number

(if applicable), and the number of invoices contained within. Each invoice shall be submitted as a single file, limited in size to 25MB, which includes all required back-up documentation based on the contract type. In the event an invoice file exceeds the size limitation, the contractor shall contact the Contracting Officer to provide all required supporting documentation. The email may have multiple invoices for the contract.

Invoices must be in the following formats: PDF, TIFF, or Word. No Excel formats will be accepted. The electronic file cannot contain multiple invoices; example, 10 invoices requires

10 separate files.

mailto:(COR)Shane.deckert@acf.hhs.gov mailto:rt@acf.hhs.gov mailto:Yolanda.Stone@acf.hhs.gov mailto:psc_invoices@psc.hhs.gov mailto:pscsas.invoices@psc.hhs.gov

Real Estate Property Appraisal for the Office of Refugee Resettlement Solicitation No. 75ACF122Q00006

(2) Invoice Elements

Invoices must include all elements required by FAR 52.212-4(g). The contractor is required to include electronic funds transfer (EFT) banking information. In accordance with the requirements of the Debt Collection Improvement Act of 1996, all payments under this contract will be made by electronic funds transfer (EFT). The Contractor shall provide financial institution information to the Finance Office designated above in accordance with

FAR 52.232- 33 Payment by Electronic Funds Transfer - System for Award Management.

Additionally, the Program Support Center (PSC) requires:

(i) Invoices must break-out price/cost by contract line item number (CLIN) as specified in the pricing section of the contract.

(ii) Invoices must include the Dun & Bradstreet Number (DUNS) of the Contractor.

(iii) Invoices that include time and materials or labor hours CLINS must include supporting documentation to (1) substantiate the number of labor hours invoiced for each labor category, and (2) substantiate material costs incurred (when applicable).

(3) Prompt Payment Act

Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

Real Estate Property Appraisal for the Office of Refugee Resettlement Solicitation No. 75ACF122Q00006

Provisions and Clauses

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

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 quoter is cautioned that the listed provisions may include blocks that must be completed by the quoter and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the quoter 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): Federal Acquisition Regulation (FAR): www.acquisition.gov/far/

52.204-20 PREDECESSOR OF OFFEROR (AUG 2020)

(a) Definitions. As used in this provision–

Commercial and Government Entity (CAGE) code means–

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization

(NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity

(CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a

NATO CAGE (NCAGE) code.

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

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

(b) The Offeror represents that it ☐ is or ☐ is not a successor to a predecessor that held a

Federal contract or grant within the last three years.

(c) If the Offeror has indicated "is" in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: (or mark "Unknown").

http://www.acquisition.gov/far/

Real Estate Property Appraisal for the Office of Refugee Resettlement Solicitation No. 75ACF122Q00006

Predecessor legal name: .

(Do not use a "doing business as" name).

(End of provision)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

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 Items. 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.

https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25

Real Estate Property Appraisal for the Office of Refugee Resettlement Solicitation No. 75ACF122Q00006

(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/

Real Estate Property Appraisal for the Office of Refugee Resettlement Solicitation No. 75ACF122Q00006

(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

Real Estate Property Appraisal for the Office of Refugee Resettlement Solicitation No. 75ACF122Q00006 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)

(1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the

Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it ☐ does, ☐ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

52.222-48 Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Certification

(MAY 2014)

(a) The offeror shall check the following certification:

Certification

The offeror ☐ does ☐ does not certify that-

(1) The items of equipment to be serviced under this contract are used regularly for other than Government purposes, and are sold or traded by the offeror (or https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.sam.gov/

Real Estate Property Appraisal for the Office of Refugee Resettlement Solicitation No. 75ACF122Q00006 subcontractor in the case of an exempt subcontractor) in substantial quantities to the general public in the course of normal business operations;

(2) The services will be furnished at prices which are, or are based on, established catalog or market prices for the maintenance, calibration, or repair of equipment.

(i) An “established catalog price” is a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or the offeror, is either published or otherwise available for inspection by customers, and states prices at which sales currently, or were last, made to a significant number of buyers constituting the general public.

(ii) An "established market price" is a current price, established in the usual course of trade between buyers and sellers free to bargain, which can be substantiated from sources independent of the manufacturer or offeror; and

(3) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract are the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.

(b) Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services. If the offeror certifies to the conditions in paragraph (a) of this provision, and the Contracting Officer determines in accordance with FAR 22.1003-4(c)(3) that the Service

Contract Labor Standards statute-

(1) Will not apply to this offeror, then the Service Contract Labor Standards clause in this solicitation will not be included in any resultant contract to this offeror; or

(2) Will apply to this offeror, then the clause at 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of

Certain Equipment-Requirements, in this solicitation will not be included in any resultant contract awarded to this offeror, and the offeror may be provided an opportunity to submit a new offer on that basis.

(c) If the offeror does not certify to the conditions in paragraph (a) of this provision-

(1) The clause in this solicitation at 52.222-51, Exemption from Application of the

Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain

Equipment-Requirements, will not be included in any resultant contract awarded to this offeror;

and

(2) The offeror shall notify the Contracting Officer as soon as possible, if the

Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation.

https://www.acquisition.gov/far/22.1003-4#FAR_22_1003_4 https://www.acquisition.gov/far/52.222-51#FAR_52_222_51 https://www.acquisition.gov/far/52.222-51#FAR_52_222_51 https://www.acquisition.gov/far/52.222-51#FAR_52_222_51 https://www.acquisition.gov/far/52.222-51#FAR_52_222_51

Real Estate Property Appraisal for the Office of Refugee Resettlement Solicitation No. 75ACF122Q00006

(d) The Contracting Officer may not make an award to the offeror, if the offeror fails to execute the certification in paragraph (a) of this provision or to contact the Contracting Officer as required in paragraph (c) of this provision.

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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 CO will make their full text available. Also, the full text of a clause may be accessed electronically at the FAR website:

FAR TITLE DATE

52.202-1 Definitions JUN 2020

52.203-7 Anti-Kickback Procedures JUN 2020

52.203-13 Contractor Code of Business Ethics and Conduct JUN 2020

52.203-16 Preventing Personal Conflicts of Interest JUN 2020

52.203-17 Contractor Employee Whistleblower Rights and

Requirement to Inform Employees of Whistleblower Rights

JUN 2020

52.204-7 System for Award Management OCT 2018

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-13 System for Award Management Maintenance OCT 2018

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.207-6 Solicitation of Offers from Small Business Concerns and

Small Business Teaming Arrangements or Joint Ventures

(Multiple-Award Contracts)

OCT 2016

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for

Debarment

JUN 2020

52.209-7 Information Regarding Responsibility Matters OCT 2018

52.215-6 Place of Performance OCT 1997

52.215-9 Changes or Additions to Make-or-Buy Program OCT 1997

52.222-25 Affirmative Action Compliance APR 1984

52.223-99 Ensuing Adequate Covid-19 Safety Protocols for Federal

Contractors.

DEC 2021

Real Estate Property Appraisal for the Office of Refugee Resettlement Solicitation No. 75ACF122Q00006

52.224-1 Privacy Act Notification APR 1984

52.224-2 Privacy Act APR 1984

52.227-14 Rights in Data – General MAY 2014

52.227-15 Representation of Limited Rights Data and Restricted

Computer Software

DEC 2007

52.232-9 Limitation on Withholding of Payments APR 1984

52.232-18 Availability of Funds APR 1984

52.232-23 Assignment of Claims MAY 2014

52.232-24 Prohibition of Assignment of Claims MAY 2014

52.232-25 Prompt Payment JAN 2017

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.233-1 Disputes MAY 2014

52.242-13 Bankruptcy JUL 1995

52.243-7 Notification of Changes JAN 2017

52.245-1 Government Property JAN 2017

52.246-1 Contractor Inspection Requirements APR 1984

52.246-4 Inspection of Services-Fixed-Price AUG 1996

52.252-1 Solicitation Provisions Incorporated by Reference FEB 1998

52.252-2 Clauses Incorporated by Reference FEB 1998

52.252-3 Alterations in Solicitation APR 1984

52.252-4 Alterations in Contract APR 1984

FAR CLAUSES INCORPORATED BY FULL TEXT

FAR 52.204-1 APPROVAL OF CONTRACT (DEC

1989)

This contract is subject to the written approval of the ACF Contracting Officer and shall not be binding until so approved.

(End of Clause)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive

Orders - Commercial Items (JUL 2021)

Real Estate Property Appraisal for the Office of Refugee Resettlement Solicitation No. 75ACF122Q00006

(a) The Contractor shall comply with the following Federal Acquisition Regulation

(FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section

1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and

Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-

232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV

2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public

Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the

Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUNE

2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct

(JUN 2020) (41 U.S.C. 3509)).

_X_ (3) 52.203-15, Whistleblower Protections under the American Recovery and

Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract

Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

(5) [Reserved].

_X_ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L.

111-117 , section 743 of Div. C).

https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3…

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