0_25R1311 SF30 Amend0005.pdf
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- Solicitation number
- N6274225R1311
About this file
This is Amendment 0005 to RFP N62742-25-R-1311 for an Aircraft Maintenance Support Facility at Royal Australian Air Force Base Tindal, Australia. The amendment makes several changes to the solicitation including revisions to the price proposal schedule (adding SLIN 0001AH for rock excavation in trenching areas), updates to proposal submission contact information, modifications to representations and certifications (FAR 52.204-8), removal of DFARS 252.247-7022, and changes to contract clauses including FAR 52.209-6. The amendment also includes revised drawings for site layout and civil/pavement details, as well as updates to specifications for excavation and fill work.
The amendment requires electronic proposal submission through DoD SAFE, with files not to exceed 8GB. Offerors must submit POC information to the Contract Specialist at least 2 business days before the proposal due date to receive DoD SAFE submission instructions. Paper copies of both price and non-price/technical proposals must also be submitted within 10 calendar days of electronic submission. Key pricing changes include the addition of SLIN 0001AH for rock excavation in trenching areas at an estimated quantity of 107 cubic meters, which will be paid based on actual quantities under the Variation in Estimated Quantity clause.
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24RXXXX
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.
15A. NAME AND TITLE OF SIGNER (Type or print)
30-105-04EXCEPTION TO SF 30
APPROVED BY OIRM 11-84
STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA
FAR (48 CFR) 53.243
RFP N62742-25-R-1311, FY22 MCAF PAF180400, AIRCRAFT MAINTENANCE SUPPORT FACILITY, ROYAL AUSTRALIAN AIR FORCE BASE
TINDAL, AUSTRALIA
Amendment No. 0005 is continued on Page 2.
1. CONTRACT ID CODE PAGE OF PAGES
J 1 2
16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
16C. DATE SIGNED
BY
16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR
(Signature of Contracting Officer)(Signature of person authorized to sign)
8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X N6274225R1311
X 9B. DATED (SEE ITEM 11)
06-Nov-2024
10B. DATED (SEE ITEM 13)
9A. AMENDMENT OF SOLICITATION NO.
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.
Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:
(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;
or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
12. ACCOUNTING AND APPROPRIATION DATA (If required)
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE
CONTRACT ORDER NO. IN ITEM 10A.
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER (Specify type of modification and authority)
E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
10A. MOD. OF CONTRACT/ORDER NO.
2. AMENDMENT/MODIFICATION NO.
5. PROJECT NO.(If applicable)
6. ISSUED BY
3. EFFECTIVE DATE
30-Jan-2025
CODE
NAVFAC PACIFIC
CONSTR CONTRACTS BRANCH (CODE ACQ33)
258 MAKALAPA DR STE 100
JBPHH HI 96860-3134
N62742 7. ADMINISTERED BY (If other than item 6)
4. REQUISITION/PURCHASE REQ. NO.
CODE
See Item 6
FACILITY CODECODE
EMAIL:TEL:
N6274225R1311 Amendment 0005
SECTION SF 30 BLOCK 14 CONTINUATION PAGE
The following items are applicable to this modification:
SF1442, PRICE PROPOSAL SCHEDULE
• Delete pages 3 through 5 (Amendment 0001) in its entirety and replace with pages 3 through 5
(Amendment 0005). The revised schedule incorporates changes to SLIN 0001AG and adds SLIN 0001AH.
DOCUMENT 00 21 16, INSTRUCTIONS TO PROPOSERS
• Delete page 18 (Amendment 0002) in its entirety and replace with page 18 (Amendment 0005). The revised document incorporates changes to contact information in the proposal submission instructions.
DOCUMENT 00 45 00, REPRESENTATIONS AND CERTIFICATIONS FOR CONTRACTING BY
NEGOTIATION, TABLE OF CONTENTS
• Delete page 1 in its entirety and replace with page 1 (Amendment 0005). The revised document incorporates changes to FAR 52.204-8 and removes DFARS 252.247-7022.
DOCUMENT 00 45 00, REPRESENTATIONS AND CERTIFICATIONS FOR CONTRACTING BY
NEGOTIATION
• Delete pages 1 through 19 in its entirety and replace with pages 1 through 20 (Amendment 0005). The revised document incorporates changes to FAR 52.204-8 and removes DFARS 252.247-7022.
DOCUMENT 00 70 00, CONTRACT CLAUSES, TABLE OF CONTENTS
• Delete pages 1 through 5 (Amendment 0003) in its entirety and replace with pages 1 through 5
(Amendment 0005). The revised document incorporates changes to FAR 52.209-6.
DOCUMENT 00 70 00, CONTRACT CLAUSES
• Delete pages 1 through 22 (Amendment 0003) in its entirety and replace with pages 1 through 22
(Amendment 0005). The revised document incorporates changes to FAR 52.209-6.
DRAWINGS
The following drawings, bearing revision date as indicated, supersede previously issued drawings bearing the same number and title. The revised drawings accompany this Amendment. See Attachment (1).
NAVFAC
DWG NO.
SHEET NO. REV
NO.
REV DATE TITLE
17270678 C-102 1 1/22/2025 SITE LAYOUT PLAN
17270665 C-502 1 1/22/2025 CIVIL AND PAVEMENT DETAILS –
SHEET 2 OF 3
SPECIFICATIONS
SECTION 31 23 00.00 20 EXCAVATION AND FILL
• Delete this section in its entirety and replace with Section “31 23 00.00 20 Excavation and Fill” (Amendment 0005). The revised section accompanies this Amendment.
-- End of Amendment 0005 –
FY22 MCAF PAF 180400 AIRCRAFT MAINTENANCE SUPPORT FACILITY WON 1665828
ROYAL AUSTRALIAN AIR FORCE BASE TINDAL, AUSTRALIA
RFP N62742-25-R-1311
SF 1442 (Continued)
SOLICITATION, OFFER, AND AWARD (SF1442), CONTINUED
PRICE PROPOSAL SCHEDULE
RFP NO. N62742-25-R-1311
FY22 MCAF PAF 180400, AIRCRAFT MAINTENANCE SUPPORT FACILITY
ROYAL AUSTRIALIAN AIR FORCE BASE, TINDAL, AUSTRALIA
ITEM
NO. SUPPLIES/SERVICES QTY UNIT UNIT PRICE AMOUNT
0001:
0001AA
BASE ITEM
The basis for SLIN 0001AA is the price to for all work complete an in accordance with the drawings and specifications for WON 1665828 but not including work specified in any other CLINs/SLINs.
1 Project $ __________________
0001AB Asbestos Impacted Soil.
The basis for SLIN 0001AB is the price for all labor, material and equipment to haul and dispose of asbestos impacted soil off site.
100 Cubic meters
0001AC Lead Impacted Soil The basis for SLIN 0001AC is the price for all labor, material and equipment to haul and dispose of lead impacted soil off site.
0001AD PFAS Impacted Soil The basis for SLIN 0001AD is the price for all labor, material and equipment to haul and dispose of PFAS impacted soil on site at an approved PFAS impacted soil stockpile.
50 Cubic
0001AE Import clean suitable fill The basis for SLIN 0001AE is the price for all labor, material and equipment to import clean suitable fill to replace unsuitable excavated clean soils discovered by excavation for foundations or utilities
0001AF Import engineered fill The basis for SLIN 0001AF is the price for all labor, material and equipment to import engineered fill to fill voids and/or voids created by limestone karst.
0001AG Excavate Rock – Building Foundation The basis for SLIN 0001AG is the price for all labor, material and equipment to
50 Cubic
Amendment 0005 excavate rock within the building foundation area, as defined in Specification 31 23 00.00 20
0001AH Excavate Rock – Trenching Excavation The basis for SLIN 0001AH is the price for all labor, material and equipment to excavate rock within trenching areas, as defined in Specification 31 23 00.00 20
107 Cubic Meters
TOTAL OF CLIN 0001
(Total of SLINs. 0001AA thru 0001AGH)
0002 FURNITURE, FIXTURES, AND EQUIPMENT:
0002AA Planned Modification: Furniture, Fixture and Equipment
Gov’t Estimated Amount
$ 139,134
0002AB Handling and Administrative Rate (HAR) NTE 5%
TOTAL OF CLIN 0002
(Total of SLINs. 0002AA thru 0002AB)
TOTAL OF CLINS 0001 through 00062
Notes:
1. See Document 00 22 00 for the Price Evaluation. The proposed price for CLINs 0001 through 0002 will form the basis for the evaluation noted in Document 00 22 00.
2. The Offeror SHALL include a price for ALL CLINs. The Government will not adjust the quantities noted in the schedule at the time of award (Ref: FAR 52.215-1(f)(5)).
3. Multiple awards will not be made (Ref: FAR 52.215-1(f)(6)).
4. In the event there is a difference between the unit price and the extended total, the unit price will be held to be the intended offer and the extended total will be recomputed accordingly. If the Offeror provides a total but fails to enter a unit price, the total divided by the specified quantity will be held to be the intended unit price.
5. Payment for SLINs 0001AB through 0001AGH shall be for actual quantities only. The unit prices will be used to adjust the contract price for any increase or decrease in the estimated quantities subject to the following clause:
FAR 52.211-18 Variation in Estimated Quantity (APR 1984)
If the quantity of a unit priced item in this contract is an estimated quantity and the actual quantity of the unit priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon an increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, Amendment 0005 the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgment of the Contracting Officer, is justified.
(End of Clause)
7. The following notes apply to CLIN 0002, Furniture, Fixtures and Equipment (FF&E):
a. Government Estimated Amount for FF&E. The Government Estimate for FF&E, as shown above (SLIN 0002AA), includes the material cost, freight and installation charges. The Government Estimate has been identified to provide offerors with the projected magnitude of effort for FF&E. The Government Estimate includes the actual material cost including freight and installation charges and Prime Contractor’s proposed Handling and Administrative Rate (HAR).
b. Prime Contractor Handling and Administration Rate (HAR). Offerors may propose a HAR fee in SLIN 0002AB, up to but not to exceed 5%, for the handling and administration of the FF&E. This fee will account for all administrative costs, overhead, bonding fees, administration of subcontractors, profit and any other costs associated with and related to the coordination and processing of the procurement and installation of the FF&E. The prime contractor’s proposed HAR mark-up shall be applied to the Government Estimate to derive a total proposed price for
SLIN 0002AB.
c. The prime contractor’s HAR percentage rate will be incorporated into the contract as proposed and will not be adjusted regardless of fluctuations in the Government Estimate. The HAR is a fixed percentage rate. When the final FF&E package is priced, the contractor’s HAR percentage rate, as incorporated into the contract, shall be applied to the supplier/vendor quotes to derive a total proposed price for final negotiation of the planned modification.
d. It is anticipated that a planned modification will be awarded at least nine months prior to the completion of the work. The planned modification will be issued after receipt of appropriate funding. A minimum of nine months is required for the contractor to purchase, deliver and install the FF&E without impacting the overall completion date of the project. No schedule extensions will be granted if the modification is executed at least nine months prior to the contract completion date. If the Government decides to negotiate and award the modification with less than nine months prior to the contract completion date, the contractor may be entitled to a contract extension.
8. DFARS 252.247-7023, TRANSPORTATION OF SUPPLIES BY SEA. Within 30 days of each shipment, the Contractor is required to provide an electronic copy of the carrier’s bill of lading to the Contracting Officer and to MARAD via email. MARAD email: Cargo.MARAD@dot.gov (attn.: MIL team). In addition, the Contractor shall notify the Contracting Officer when oceanic shipments have been initiated within 3 working days of shipment.
9. CONTRACTOR LICENSING REQUIREMENTS FOR WORK OUTSIDE THE UNITED STATES.
Contractors must be duly authorized to operate and conduct business in any host country and must comply with all laws, decrees, labor standards, and regulations of the host country during the performance of the contract. The United States may have a Status of Forces Agreement (SOFA), Force Posture Agreement, and other agreements with some countries and those agreements must be complied with. Unless explicitly provided in the RFP, the U.S.
Government will not offer “Unites States Official Contractor,” “Technical Representative,” or similar status under any SOFA; nor will the U.S. Government certify any employees of a contractor as “Members of the Civilian Component” under a SOFA. Offerors are expected to familiarize themselves with the laws of host
FY22 MCAF PAF180400, Aircraft Maintenance Support Facility WON 1665828 Royal Australian Air Force Base Tindal, Australia
DOCUMENT 00 21 16
Amendment 00053
Outside the United States” (Note 8 of the Price Proposal Schedule).”
1.26 ELECTRONIC PROPOSALS
(a) Definition.
Electronic proposal, as used in this provision, means a proposal, revision or modification of a proposal, final proposal revision, or withdrawal of a proposal that is transmitted to and received by the Government via DoD Secure Access File Exchange Services (SAFE). Only DoD SAFE is authorized for the submission of electronic proposals in response to this solicitation. Electronic proposals submitted via electronic mail or facsimile will NOT be considered.
(b) Offerors may submit electronic proposals (.pdf format) as responses to this solicitation. Electronic proposal submissions should be no larger than 8GB. Electronic proposals are subject to the same rules as paper proposals. Offerors shall ensure that the Government has received the electronic proposal prior to the date and time specified.
(c) Instructions for use of DoD SAFE, Drop-off feature in DoD SAFE (https://safe.apps.mil) are provided below:
(1) No later than two business days prior to the proposal due date, the offeror shall submit their point of contact (POC) name and email address to carly.t.essex.civ@us.navy.mil taryn.l.kanda.civ@us.navy.mil . Any delay or problems encountered due to an offerors failure to provide their POC name and address in the time specified shall not be the responsibility of the Government. It is important that the POC information remain valid for the duration of the solicitation. Upon receipt of this information, a Contract Specialist will “Request a Drop-Off” in DoD SAFE to the offeror’s POC email address. The Offeror will receive a “Request a Drop-Off” email message to allow submission of the price and non-price proposals. Only the identified POC will be able to drop-off proposals or proposal modifications or proposal revisions in DOD SAFE. Failure to provide accurate POC information will preclude the offeror from using DoD SAFE.
(2) To submit the proposal, the offeror will click the link in the “Request a Drop-off” email message. The system will allow for inclusion of a short note to the Recipient and then the offeror will click to add files or drag and drop them. Click “Drop-Off Files” to send the files to the recipient. The file(s) are uploaded and an email will be sent to the recipient notifying them of the “drop-off”. [Additional details can be viewed in the DoD SAFE User Guide available at https://safe.apps.mil]. Note that the submission of any proposal must be completed no later than the date and time specified in Paragraph 1.2 The DoD SAFE system will record the date and time of package submittal. The date and time of package submittal recorded in DoD SAFE shall govern the timeliness of any proposal submission.
(3) Offerors shall allow adequate time to upload files which may be slower for non-DoD users and to avoid other technical difficulties that may be encountered. Offerors are also responsible for submitting files in the format specified consistent with requirements stated elsewhere in this solicitation. Files that cannot be opened, or are otherwise missing the required content are the responsibility of offerors.
(4) It is the responsibility of the Prospective Offeror to promptly notify carly.t.essex.civ@us.navy.mil taryn.l.kanda.civ@us.navy.mil if an email containing the link is NOT received on the day of their written request.
(5) NON-PRICE (PAPER): Paper copies of the price proposal and non-price/technical proposal shall be submitted in accordance with paragraph 1.2 within 10 calendar days of the electronic proposal submission. The offeror is responsible for ensuring that the electronic proposal and the paper copies are identical. Should there be a discrepancy between the electronic proposal and the paper proposal, the electronic proposal shall govern.”
--End of Document--
FY22 MCAF PAF180400, Aircraft Maintenance Support Facility WON 1665828 Royal Australian Air Force Base Tindal, Australia
DOCUMENT 00 45 00 TABLE OF CONTENTS
Amendment No. 0005
DOCUMENT 00 45 00
REPRESENTATIONS AND CERTIFICATIONS FOR CONTRACTING BY NEGOTIATION
1/255/24
1.1 SUMMARY
1.2 FAR 52.204-8, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2024JAN 2025)/DFARS
252.204-7007, ALTERNATE A (OCTNOV 2023)
1.3 FAR 52.204-22, ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)
1.4 FAR 52.204-24, REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
1.5 FAR 52.204-26, COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-
REPRESENTATION (OCT 2020)
1.6 FAR 52.204-29, FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—
REPRESENTATION AND DISCLOSURES (DEC 2023)
1.7 FAR 52.209-7, INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)
1.8 FAR 52.209-11, REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX
LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
1.9 FAR 52.209-13, VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS-CERTIFICATION
(NOV 2021)
1.10 DFARS 252.203-7005, REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD
OFFICIALS (SEP 2022)
1.11 DFARS 252.204-7008, COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION
CONTROLS (OCT 2016)
1.12 DFARS 252.204-7017, PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE
TELECOMMUNICATIONS EQUIPMENT OR SERVICES—REPRESENTATION (MAY 2021)
1.13 DFARS 252.204-7019, NOTICE OF NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV
2023)
1.14 DFARS 252.223-7997, PROHIBITION ON PROCUREMENT OF CERTAIN ITEMS CONTAINING
PERFLUOROOCTANE SULFONATE OR PERFLUOROOCTANOIC ACID—REPRESENTATION—
REPRESENTATION (DEVIATION 2022-O0010) (SEP 2022)
1.15 DFARS 252.225-7055, REPRESENTATION REGARDING BUSINESS OPERATIONS WITH THE
MADURO REGIME (MAY 2022)
1.16 DFARS 252.225-7057, PREAWARD DISCLOSURE OF EMPLOYMENT OF INDIVIDUALS WHO
WORK IN THE PEOPLE’S REPUBLIC OF CHINA (AUG 2022)
1.17 DFARS 252.225-7059, PROHIBITION ON CERTAIN PROCUREMENTS FROM THE XINJIANG
UYGHUR AUTONOMOUS REGION—CERTIFICATION (JUN 2023)
1.18 DFARS 252.225-7973, PROHIBITION ON THE PROCUREMENT OF FOREIGN-MADE UNMANNED
AIRCRAFT SYSTEMS—REPRESENTATION (AUG 2024) (DEVIATION 2024-O0014)
1.19 DFARS 252.225-7966, PROHIBITION REGARDING RUSSIAN FOSSIL FUEL BUSINESS
OPERATION-REPRESENTATION (DEVIATION 2024-O0006, REVISION 1) (MAR 2024)
1.20 DFARS 252.239-7098, PROHIBITION ON CONTRACTING TO MAINTAIN OR ESTABLISH A
COMPUTER NETWORK UNLESS SUCH NETWORK IS DESIGNED TO BLOCK ACCESS TO
CERTAIN WEBSITES—REPRESENTATION (DEVIATION 2021-O0003) (APR 2021)
1.21 DFARS 252.247-7022, REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (JUN 2019)
-- End Document Table of Contents--
FY22 MCAF PAF180400, Aircraft Maintenance Support Facility Royal Australian Air Force Base Tindal, Australia WON 1665828
DOCUMENT 00 45 00
Amendment 0005
DOCUMENT 00 45 00
REPRESENTATIONS AND CERTIFICATIONS FOR CONTRACTING BY NEGOTIATION
1/255/24
Request for Proposal No.: RFP N62742-25-R-1311
Name and Address of Offeror:
Business Phone: ( ) Facsimile Phone: ( )
CEC/UEI Number: TIN NUMBER:
CAGE Number: Email Address:
1.1 SUMMARY
The following clauses are from the Federal Acquisition Regulations (FAR) and Department of Defense Federal Acquisition Regulation Supplement (DFARS). Complete the paragraphs below, and return with the proposal.
1.2 FAR 52.204-8, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2024JAN 2025) /
DFARS 252.204-7007, ALTERNATE A (NOVOCT 2023)
(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.
(2) The small business size standard is $45 million.
(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519 if the acquisition—
(i) Is set aside for small business and has a value above the simplified acquisition threshold;
(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or
(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(b)(1) If the provision at FAR 52.204-7, System for Award Management, is included in this solicitation, paragraph (e) of this provision applies.
(2) If the provision at FAR 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (de) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:
___ (i) Paragraph (de) applies.
Amendment 0005
___ (ii) Paragraph (de) does not apply and the Offeror has completed the individual representations and certifications in the solicitation.
(c)
(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless–
(A) The acquisition is to be made under the simplified acquisition procedures in part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures;
or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.204-26, Covered Telecommunications Equipment or Services-Representation. This provision applies to all solicitations.
(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation.
(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(x) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the 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).
Amendment 0005
(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xvi) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.
(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of biobased products in USDA–designated product categories; or include the clause at 52.223-2, Reporting of Biobased Products Under Service and Construction Contracts.
(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.
(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation.
This provision applies to solicitations that include the clause at 52.204-7.)
(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.204-7.
(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate.
(Basic, Alternates II and III.) This provision applies to solicitations containing the clause at 52.225-3.
(A) If the acquisition value is less than $50,000, the basic provision applies.
(B) If the acquisition value is $50,000 or more but is less than $100,000, the provision with its Alternate II applies.
(C) If the acquisition value is $100,000 or more but is less than $102,280, the provision with its Alternate III applies.
(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification.
This provision applies to all solicitations.
(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.
(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.]
X (i) 52.204-17, Ownership or Control of Offeror.
X (ii) 52.204-20, Predecessor of Offeror.
__ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
Amendment 0005
__ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.
__ (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.
__ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA– Designated Products (Alternate I only).
__ (vii) 52.227-6, Royalty Information.
__ (A) Basic.
__ (B) Alternate I.
__ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d)(1) The following representations or certifications in the SAM database are applicable to this solicitation as indicated:
(i) 252.204-7016 , Covered Defense Telecommunications Equipment or Services—Representation.
Applies to all solicitations.
(ii) 252.216-7008 , Economic Price Adjustment—Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.
(iii) 252.225-7042 , Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.
(iv) 252.225-7049 , Prohibition on Acquisition of Certain Foreign Commercial Satellite Services— Representations. Applies to solicitations for the acquisition of commercial satellite services.
(v) 252.225-7050 , Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more.
(vi) 252.229-7012 , Tax Exemptions (Italy)—Representation. Applies to solicitations and contracts when contract performance will be in Italy.
(vii) 252.229-7013 , Tax Exemptions (Spain)—Representation. Applies to solicitations and contracts when contract performance will be in Spain.
(ix) 252.247-7022 , Representation of Extent of Transportation by Sea. Applies to all solicitations except those for direct purchase of ocean transportation services or those with an anticipated value at or below the simplified acquisition threshold.
(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer: [Contracting Officer check as appropriate.]
_X_ (i) 252.209-7002 , Disclosure of Ownership or Control by a Foreign Government.
___ (ii) 252.225-7000 , Buy American—Balance of Payments Program Certificate.
___ (iii) 252.225-7020 , Trade Agreements Certificate.
___ Use with Alternate I.
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_X_ (iv) 252.225-7031 , Secondary Arab Boycott of Israel.
___ (v) 252.225-7035 , Buy American—Free Trade Agreements—Balance of Payments Program Certificate.
___ Use with Alternate I.
___ Use with Alternate II.
___ Use with Alternate III.
___Use with Alternate IV.
___ Use with Alternate V.
___ (vi) 252.226-7002 , Representation for Demonstration Project for Contractors Employing Persons with Disabilities.
___ (vii) 252.232-7015 , Performance-Based Payments—Representation.
(e) The Offeror has completed the annual representations and certifications electronically via the SAM website at https://www.acquisition.gov/. After reviewing the SAM database information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in FAR 52.204-8(c) and paragraph (d) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [Offeror to insert changes, identifying change by provision number, title, date]. 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.
FAR/DFARS Provision # Title Date Change
Any changes provided by the Offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications located in the SAM database.
1.3 FAR 52.204-22, ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)
(a) The Government recognizes that the line items established in this solicitation may not conform to the Offeror’s practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.
(b) The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation. However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.
1.4 FAR 52.204-24, REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
Amendment 0005
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services— Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub.
L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".
(d) Representation. The Offeror represents that—
(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—
It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment—
(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.
1.5 FAR 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.
1.6 FAR 52.204-29, FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—
REPRESENTATION AND DISCLOSURES (DEC 2023)
(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.
(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.
(c) Procedures. (1) The Offeror shall search for the phrase “FASCSA order” in the System for Award Management (SAM)( https://www.sam.gov) 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 (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.
(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).
(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.
(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products
Amendment 0005 or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).
(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:
(1) Name of the product or service provided to the Government;
(2) Name of the covered article or source subject to a FASCSA order;
(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;
(4) Brand;
(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);
(6) Item description;
(7) Reason why the applicable covered article or the product or service is being provided or used;
(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.
1.7 FAR 52.209-7, INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)
(a) Definitions. As used in this provision—
Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
Federal contracts and grants with total value greater than $10,000,000 means—
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
(b) The offeror _____ has _____ does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in–
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).
1.8 FAR 52.209-11, REPRESENTATION BY CORPORATIONS REGARDING DFELINQUENT 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…
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