RFQ 47PB0021Q0018 Big Spring Appraisal 2021 04 7.pdf

APPRAISAL ASSIGNMENTS TO DETERMINE THE MARKET VALUE

OF THE MINERAL ESTATE AT THE FORMER WEBB AIR FORCE BASE

HOWARD COUNTY, TEXAS, TX0660NB

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a separate written solicitation will not be issued.

SOLICITATION NUMBER: 47PB0021Q0018

PROJECT NAME: Appraisal –Mineral Estate in Howard County, Texas

GSA DIVISION: R7 Real Property Utilization & Disposal Division

SERVICE: Appraisal Services

LOCATION: Former Webb Air Force Base, Big Spring, Howard County, Texas

ISSUE DATE: April 7, 2021

QUOTE RECEIPT DATE & TIME: April 14, 2020 – 3:00 PM Eastern Time

Contents

SECTION A: PERFORMANCE WORK STATEMENT (PWS)

SECTION B: ADMINISTRATIVE MATTERS

SECTION C: CONTRACT DOCUMENTS, EXHIBITS & ATTACHMENTS

SECTION D: REQUEST FOR PROPOSAL INSTRUCTIONS, EVALUATION, AND AWARD

SECTION E: SOLICITATION PROVISIONS

SECTION F: CONTRACT CLAUSES

Solicitation Summary

1. This requirement is being solicited and award will be made in accordance with the procedures set forth in Federal Acquisition Regulation (FAR) Part 12 – Acquisition of Commercial Items

2. Sections A, B, C, and F prescribes the terms and conditions of the resulting contract, and includes all pertinent information as it relates to this requirement.

3. Section D provides instructions to the Offeror for submitting a complete quote in response to the

Government’s requirement, and addresses how the Government will evaluate each quote based on the stated criteria.

4. Sections E and F incorporates all provisions and clauses that are applicable to this solicitation and resulting contract. Please note that FAR 52.212-3- Offerors Representations and Certifications shall be completed and submitted as part of the Offeror’s quote.

Offeror’s Quote Submission Guide (See Section D, Page 14)

Quote with cover page and in Word or PDF format.

Part 1- Approach

Part 2 –Past Experience and Performance

Part 3-Key Personnel

Part 4- Price Proposal

Offeror Representations and Certifications (See Pgs 20-41)

* This checklist is provided as a guide and should not replace the offeror’s complete review of the solicitation in its entirety.

SECTION A: PERFORMANCE WORK STATEMENT (PWS)

1. Purpose

The General Services Administration (GSA) is seeking proposals for a fair market value appraisal report, prepared in accordance with the Uniform Standards for Professional Appraisal Practice (USPAP) as described in the below Scope of Work.

2. Objective

The purpose of the assignment is to 1) develop an estimate of the Fair Market Value of the fee simple interest of the property based on the highest and best use and 2) research and advise GSA regarding various selling scenarios and strategies as they pertain to stratification of the mineral horizons.

3. Property Details

The subject of the appraisal is a mineral acre estate associated with the former Webb Air Force Base in Big Spring, Texas. The estate contains about 158.8 net mineral acres but is not contiguous. It is divided into several parcels where the United States either owns 100% or 50%. In general, the tracts are out of Sections 2 and 11 of the Texas and Pacific Railroad Company Survey, Block 33, Township 1 South in Howard County, Texas. The subject mineral estate has been in federal government ownership since at least 1951.

While the United States retained the mineral estate, the associated surface estate was conveyed to the City of Big Spring in the 1970s, after the base’s closure. In May 2014, the City leased adjacent mineral estates to OXY (Occidental Petroleum Company) for development. At that time, the City of Big Spring, stated their property could not be fully developed due to its configuration and therefore wanted to acquire the subject mineral estate. Reportedly they planned on developing 3-4 horizontal wells with 6,500’ long lateral lines in the Wolfcamp A formation. Most recently, the City has expressed an interest in the subject property for a “pipeline.

The subject mineral estate is located in an active oil field with multiple productive formations.

Although, the government intends on selling the minerals either to the City of Big Spring or on the open market, it may be in the government’s best interest to retain some of the formations for later development and only dispose of certain formations (to a certain depth). Thus, the appraiser/consultant is to explore various scenarios to advise GSA of the most profitable course of action to take pertaining the stratification of the mineral horizon.

Legal description is an attachment listed under Solicitation, Section C that will be provided to the successful offeror after award.

4. Scope of Work

A. The contractor shall provide all personnel, equipment, supplies, facilities, travel, tools, materials, supervision, and other items and non-personal services necessary to perform an appraisal of the real property as defined in this Performance Work Statement. The contractor shall perform to the standards in this contract.

The appraisal report shall be a comprehensive study conducted in compliance with Uniform Standards of Professional Appraisal Practice (USPAP). This includes presenting adequate factual data to support each rate, percentage and amount used in sufficient detail to permit a comprehensive review of the appraisal report; relating conclusions to facts; and being complete to the extent that the appraiser collects, verifies and analyzes all information necessary for credible assignment results.

B. Report Format

The appraisal report shall be a comprehensive study conducted in compliance with Uniform Standards of Professional Appraisal Practice (USPAP); presenting adequate factual data to support each rate, percentage and amount used in sufficient detail to permit a comprehensive and intelligent review of the appraisal report; relating conclusions to facts; and being complete to the extent that the appraiser collects, verifies and analyzes all information necessary for credible assignment results.

The fair market value appraisal shall be reported in a complete and narrative format (formerly known as a “self-contained report”) with extensive detail and description. All data, analyses and relevant physical and economic information must be included in the report (not referenced in the appraiser’s file). The production appraiser must be a principal/senior appraiser, and must be at minimum a State Certified General Real Estate Appraiser in good standing. The person conducting the appraisal field work including inspections must also have a General Real Estate Appraiser state certification and be in good standing. An appraiser with a Trainee status should be accompanied by a state certified appraiser during the appraisal field work. If the contract appraiser is not currently General State Certified in the State of Texas, he/she must be able to obtain a temporary certification from the state during the course of the assignment, and submit a copy of the certificate as evidence on or before completion of the assignment. Deviations from these specifications may result in non-acceptance of the report. A GSA Appraiser will review the appraisal prior to acceptance.

C. Labor Requirements

Appraiser - Key Personnel The contractor shall provide a contract manager 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 manager is absent shall be designated in writing to the Contracting Officer’s Representative. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.

The contractor shall have a Texas General State Certification for Real Estate Appraisal.

Copies of the appraisal licenses shall be included in the proposal. Temporary licenses will be accepted.

D. Deliverables/Schedule

GSA requires a report where the fair market value is estimated.

1. Draft Report - The contract appraiser shall e-mail the draft report within 60 days of the

Notice to Proceed to linda.clemens@gsa.gov. Any delays in delivery must be approved prior to the deadline.

2. Final Report - The contract appraiser shall deliver (1) hard copy of the final reports, as well as an electronic version, to linda.clemens@gsa.gov no later than five (5) days from the appraiser’s receipt of the reviewer’s comments on the draft. The hard copies of the corrected final reports shall be mailed to the below address. In total, GSA will receive two (2) copies of the report. Any delays in delivery must be approved by the COR prior to the deadline.

Linda Clemens - Regional Appraiser Real Property Utilization & Disposal (7PZ) General Services Administration 819 Taylor Street, Room 11A30 Fort Worth, TX 76102

SECTION B: ADMINISTRATIVE MATTERS

1) GSA Points Of Contact This Contract is between the United States of America, acting by and through the Administrator of General Services (GSA), and the Contractor. References in this Contract to "the Owner" or "the Government" shall be understood to refer to GSA. The following individual is designated as the Contracting Officer for the Contract.

Huy Le Acquisition Management Division Phone: 617-565-5803

Email: Huy.Le@gsa.gov

GSA Contract Specialist (CS) Kristin O’Neil Acquisition Management Division (1PQB) 10 Causeway St.

Boston, MA 02222 kristin.oneil@gsa.gov

GSA Contracting Officer’s Representative Linda Clemens - Regional Appraiser Real Property Utilization & Disposal (7PZ) General Services Administration 819 Taylor Street, Room 11A30 Fort Worth, TX 76102 Linda.clemens@gsa.gov 214-683-2561

2) Method of Payment Payment for services will be in one lump sum amount to be paid upon receipt and acceptance of the FINAL Appraisal Report.

The Contractor shall provide a single invoice requesting payment to the GSA COR and upon approval from the COR, submit the invoice electronically to the GSA FINANCE website:

https://finance3.gsa.gov/.

The offeror may propose a different payment structure in their price proposal.

3) Post Award Meetings The Contractor shall be required to participate in a post-award kick-off meeting via conference call with the GSA Contracting Officer’s Representative and any other GSA personnel identified, for discussion and interpretation of all instructions. The meeting shall be scheduled within two (2) weeks after award.

The contractor is required to provide short weekly progress updates via email or phone and finally, the contractor may be required to participate in discussions exploring various disposal scenarios with GSA and advising GSA of the most profitable course of action to take pertaining the stratification of the mineral horizon.

4) Security The Contractor shall comply with GSA administrative, physical, and technical security controls to ensure that all Government’s security requirements are met. The Contractor is responsible for addressing any issues or concerns raised by GSA within a one week turn around.

5) Privacy Act Work on this contract will require personnel to have access to Privacy Information. Personnel shall adhere to the Privacy Act, Title 5 of the U.S. Code, Section 552a and applicable agency rules and regulations.

6) Protection of Information The Contractor shall be responsible for properly protecting all information used, gathered, or developed as a result of work under the contract. In addition, the Contractor shall protect all government data, equipment, or information by treating the material as sensitive. SBU information, data, and/or equipment shall only be disclosed to authorize personnel. The Contractor shall ensure that appropriate administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, and/or equipment is properly protected. When no longer required, this information, data, and/or equipment shall be returned to Government control, destroyed, or held until otherwise directed. Items returned to the Government will be hand carried or mailed to the COR using certified mail. The Contractor shall destroy unneeded items by burning, shredding, or any other method that precludes the reconstruction of the material.

7) Data Rights The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer.

All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights. Unless instructed otherwise, the value estimates and appraisal analyses are confidential and may not be disclosed to anyone other than GSA’s Review Appraiser. Additionally, the subject property may not be appraised for another party without prior written permission from GSA.

SECTION C: CONTRACT DOCUMENTS, ATTACHMENTS

Contract Documents includes Section A- Performance Work Statement and B

Attachments

1 Attachment 1/Technical Exhibit A- Performance Requirements Summary

2 Attachment 2/Technical Exhibit B- Deliverables Schedule

3 Additional Information about the Assignment

All Attachments to be provided to successful offeror after award; as follows:

Exhibits

1 Legal description

Attachment 1 Performance Requirements Summary

The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective Standard Performance

Threshold (This is the maximum error rate)

Method of Surveillance

PRS # 1.

The contractor shall provide a draft appraisal report on or before 60 days following Notice to Proceed.

The contractor provided draft appraisal report is delivered on-time after it is first subjected to the contractor’s internal QA/QC process and prepared in accordance with the Uniform Standards of Professional Practice (USPAP) and GSA specifications contained herein.

10% Inspection and Agency Review

PRS # 2.

The contractor shall provide the final appraisal on or before 5 days from receipt of the reviewer’s comments.

The contractor provides the corrected final appraisal report on-time and prepared in accordance with the Uniform Standards of Professional Practice (USPAP) and GSA specifications contained herein.

Zero instances of material failure

Inspection and Agency Review

Attachment 2

Deliverables Schedule

Deliverable Frequency # of Copies Medium/Format Submit To

Verbal Progress Report

Within 10 days from Notice to Proceed.

N/A E-mail or via phone

LINDA CLEMENS

(817)-978-4242 (O)

(214)-683-2561 (C)

LINDA.CLEMENS@GSA.GOV

Draft Report

60 days or less from Notice to Proceed.

PDF/Electronic

Final Appraisal Report

No more than 5 days from receipt of reviewer’s comments.

1 signed hard copy /postal delivery;

1 PDF/Electronic

Additional Information About the Assignment

Property to be Appraised See section A.3 of the Performance Work Statement

Property Rights to be Appraised The fee simple interest of the property subject to existing easements for public roads, highways, public utilities, railroads, and pipelines, etc., is to be appraised.

Deliverables

1) Fair Market Value of the subject in as-is condition and

2) Marketing consultation

Purpose of the Appraisals To determine the Fair Market Value based on the Highest and Best Use.

Intended User The General Services Administration

Intended Use of the Appraisal Report Decision making

Definitions

a. Fair Market Value (Market Value) - The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition are the consummation of a sale as of a specified date and the passing of title from seller to buyer under the following conditions whereby:

(1) Buyer and seller are typically motivated;

(2) Both parties are well informed or well advised, and each acting in what they consider their own best interests;

(3) A reasonable time is allowed for exposure in the open market;

(4) Payment is made in terms of cash in United States dollars or in terms of financial arrangements comparable thereto, and;

(5) The price represents the normal consideration for the property sold unaffected by special financing or sale concessions granted by anyone associated with the sale.

b. Market Rent - The most probable rent that a property should bring in a competitive and open market reflecting all conditions and restrictions of the lease agreement, including permitted uses, expense obligations, term, concessions, renewal etc.

c. Highest and Best Use - The reasonable, probable and legal use of vacant land or improved property which is physically possible, appropriately supported, financially feasible, and that results in the highest value. The Highest and Best Use of land as though vacant and property as improved must meet the following four (4) criteria: legally permissible, Physically possible, financially feasible, and maximally productive. A discussion of the most probable purchaser and timing must be included.

d. Other Terms - All other terms, words, and processes shall have the meaning and be interpreted in accordance with the definitions of the same as contained in the most recent edition of the Dictionary of Real Estate Appraisal, prepared and distributed by the Appraisal Institute.

Approaches to Value All appropriate approaches to value must be considered and shall be developed and presented in the report. If an approach is not applicable, then an explanation must be provided as to why. The preferred method of adjusting comparable sales is through supported quantitative adjustments (percentage, $/acre, etc.); qualitative adjustments (similar, inferior, or superior) are to be used only when the market variables cannot be quantified. Quantitative adjustments without support are unacceptable. Other techniques may also be used in conjunction with this technique.

Emphasis on Market Analysis, Analysis of Highest and Best Use A thorough market analysis and highest and best use analysis must be developed to realistically assess reuse/ development potential, including consideration of timing, to adequately support the value estimate concluded for the subject. The analysis should focus on thoroughly discussing the real estate market, incorporating relevant economic indicators (population and employment trends, etc.); supply and demand factors (existing inventories, vacancies, competitive projects, absorption rates and projected inventories); and area master plans under consideration, etc.

Exposure Time/Marketing Time In addition to developing and reporting the reasonable Exposure Time inherent in the definition of Fair Market Value and presumed to precede the effective date of the appraisal, the Appraiser must develop and report an opinion of the reasonable Marketing Time to sell the subject property at the concluded Fair Market Value during the period following the effective date of the appraisal.

SECTION D: REQUEST FOR PROPOSAL INSTRUCTIONS, EVALUATION, AND

AWARD

Table of Contents

1) 52.212-1 - Instructions

2) Addendum to 52.212-1

a) Questions

b) Proposal Due Date and Delivery

c) Proposal Format and Content

3) 52.212-2 – Evaluation-Commercial Items

1) FAR 52.212-1 Instructions Commercial Items

If there are any conflicting instructions between the full text of 52.212-1 and the Addendum to 52.212-1 below, the language provided under the Addendum shall take precedence.

2) Addendum to 52.212-1 – Instructions Commercial

The instructions below provide additional guidance beyond the full text of FAR 52.212-1 – Instructions to Offerors-Commercial Items for the preparation and submission of proposals.

a) Quotation Submission All Quotes shall be received no later than April 14, 2020 3:00 PM Eastern Time. Quotes received after the deadline for receipt will be considered a late submission and may not be accepted by the government. Offerors shall submit Quotes electronically in Microsoft Word or PDF, to Kristin.oneil@gsa.gov and huy.le@gsa.gov by the above deadline for consideration. The offeror shall hold the prices in its offer firm for 60 calendar days from the date specified for receipt of quotes.

b) Proposal Format and Content Quotations shall be compiled into four (4) parts as follows:

Part 1: Approach – Provide a detailed narrative describing the technical approach and the methods to be utilized in accomplishing the required tasks under this solicitation. Include a work plan and schedule of requirements and deliverables.

Part 2: Past Experience and Performance – Provide at least 2 similarly complex appraisal assignments in the past 5 years conducted by the proposed Key Personnel. Include a discussion/explanation of each project and its outcome(s), including the approach utilized by, and highlighting the efforts and responsibilities of, the Key Personnel. The Contractor shall also provide the point of contact for the company/agency on whose behalf the project was accomplished including contact name, company/agency name, phone number, email address and physical address.

GSA may contact all references.

Part 3: Key Personnel – Provide a short narrative of the proposed project team, each Key Person’s role, and highlighting his/her experience similar in nature to the requirements of the scope. Provide a single point of contact / Project Manager.

All contract appraisers must be state licensed in which the subject property is located. Copies of the appraisal licenses shall be included in the proposal. Temporary licenses will be accepted.

The contractor shall utilize only the Key Personnel identified in this Part of the Contractor's accepted proposal to perform the primary services required under the contract. It is understood that administrative support may be provided by employees that are not Key Personnel. No Key Personnel substitutions shall be made without prior written approval of the Contracting Officer.

Part 4: Price – Provide a firm-fixed price quote that is inclusive of all costs necessary to meet the government’s requirement under this solicitation.

3) 52.212-2 – Evaluation – Commercial Items

FAR 52.212-2 provides guidance on how the Government intends to evaluate offers using the evaluation factors provided below.

The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

1) Technical Capability: the offeror’s understanding of the PWS and previous experience with similarly complex projects, as demonstrated in their quote;

2) Personnel Qualifications: the resume(s) of key personnel will be evaluated based on ability to implement the technical approach.

3) Past Performance; and

4) Price

The evaluation factors listed above are approximately equal in value/weighting

A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. GSA shall issue a firm fixed price (GS300) Contract to the successful offeror. (End of provision)

SECTION E: SOLICITATION PROVISIONS

FAR 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 offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address: https://acquistion.gov

(End of provision)

Provisions Incorporated by Reference:

52.212-1 Instructions to Offerors-Commercial Items 52.204-7, System for Award Management 52.204-16, Commercial and Government Entity Code Reporting

Provisions in Full Text:

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 viahttps://www.sam.gov (see 52.204-7).

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (DEC 2019)

The Offeror shall not complete the representation in 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 the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

“Covered telecommunications equipment or services”, “critical technology”, and “substantial or essential component” have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. 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. Contractors are not prohibited from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or 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 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.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will” provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer—

(1) A description of all covered telecommunications equipment and services offered

(include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, 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).

Offerors shall submit a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items, with its offer.

FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (Mar 2020)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror.

No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000- 9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

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

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended. “Sensitive technology”—

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the

President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16).

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

Small disadvantaged business concern, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding

$750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger).

The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38

U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

Women-owned small business concern means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women;

and

(2) Whose management and daily business operations are controlled by one or more women.

(b)

(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs .

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it □is, □is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □is, □is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □is, □is not a small disadvantaged business concern as defined in 13 CFR124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-

(i) It □ is, □ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part

127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern.

[Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-

(i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part

127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that–

(i) It □is, □is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13

CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order11246-

(1) Previous contracts and compliance. The offeror represents that-

(i) It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It □ has, □ has not filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that-

(i) It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.gov/ U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation

(FAR) 52.225-1, Buy American-Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products,i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American-Supplies.”

(2) Foreign End…