RFQ 70US0926Q70092892 HVAC Maintenance.docx

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HVAC Maintenance
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70US0926Q70092892
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This is a Request for Quote (RFQ) for HVAC maintenance services at the White House Complex issued by the United States Secret Service (USSS) under solicitation number 70US0926Q70092892. The RFQ is a small business set-aside using NAICS code 238220 (Plumbing, Heating, and Air-Conditioning Contractors) and will result in a firm-fixed price contract award. Quotes must be submitted by 2:00 PM EST on September 16, 2026, with administrative and detailed price submissions required. The contract covers maintenance for thirty-nine HVAC units (thirty-two heat pumps and seven window units) serving thirty-six guard posts throughout the White House Complex located at 17th & Pennsylvania Avenues, NW, Washington, D.C. 20006.

The scope of work includes bi-monthly routine maintenance (six times annually), semi-annual tasks, and annual deep cleaning services, with emergency repair response requirements of one hour for acknowledgement and four hours for onsite arrival, available 24/7 and 365 days per year. The contractor must provide detailed unit documentation, replacement parts pricing with markup markup noted separately from labor rates, and quarterly reporting of materials and shipping costs. The period of performance consists of a nine-month base period followed by four optional twelve-month periods. Contractors must comply with various federal requirements including Privacy Act adherence, physical security responsibilities, key personnel designation, organizational conflict of interest mitigation, and restrictions on using the Secret Service name without authorization. The Contracting Officer is Shauntynee Penix (Shauntynee.Penix@usss.dhs.gov) and the Contract Specialist is Casey Cauffman-Davis (Casey.Cauffman-Davis@ussss.dhs.gov).

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This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation: quotes are being requested and a written solicitation shall not be issued. The solicitation number is 70US0926Q70092892 and is issued as a Request for Quote (RFQ) for HVAC Maintenance. The solicitation document and incorporated provisions and clauses are those in effect through the Federal Acquisition Federal Acquisition Circular 2026-01 effective March 13, 2026. This solicitation is for a small business set aside and the associated North American Industry Classification System (NAICS) code is 238220 (Plumbing, Heating, and Air-Conditioning Contractors). The Government intends to award a firm-fixed price contract from this solicitation.

FAR 52.212-1 Instructions to Offerors - Commercial Products and Commercial Services. (Aug 2025) (DEVIATION 25-21) (effective November 28, 2025) ADDENDUM

(a)(7): Quote Content Requirements:

The quoter shall submit an administrative quote and price quote.

Quotes shall be submitted to the following personnel no later than 2PM EST on 09/16/2026.

ADMINISTRATIVE QUOTE SUBMISSION REQUIREMENTS:

Submission of quotes. Submit signed and dated quotes to the office specified in this solicitation at or before the exact time specified in this solicitation. As a minimum, offers shall include—

1. Solicitation Number

2. Quote Number

3. Date of submission

4. Name, address, Unique Entity Identifier (UEI), and CAGE code of the offeror

5. Name, title, and signature of the prime Contractor’s authorized representative (signature authority)

6. Primary point of contact for this proposal – name, phone number, email address

7. Quote expiration date

PRICE QUOTE SUBMISSION REQUIREMENTS:

Quoter shall submit a detailed price quote reflecting the fixed price for each line item as presented on the Government issued price template.

(End of provision)

FAR 52.212-2, Evaluation-Commercial Products and Commercial Services (Aug 2025) (DEVIATION 25-21) (effective November 28, 2025)

Selection of award shall be based on Lowest Price Technically Acceptable. To be technically acceptable all requirements must be met in accordance with the attached Statement of Work. All specifications must be met or exceeded.

STATEMENT OF WORK

HVAC Preventative Maintenance White House Complex

Part 1

GENERAL INFORMATION

1. INTRODUCTION: The United States Secret Service (USSS), Office of Administration, Administrative Operations Division (AOD) coordinates the miscellaneous services for the office requirements for the Washington, DC area and all field offices. The Government shall not exercise any supervision or control over the contract service providers performing the services herein other than escorting which is required on the White House Complex (WHC) grounds. Such contract service providers shall be accountable solely to the contractor who, in turn is responsible to the Government.

1.1 Background: The U.S. Secret Service occupies a number of guard posts located throughout the White House Complex (WHC) each with a self-contained heating and cooling unit of various types that require periodic maintenance and occasional corrective maintenance. Each guard post is owned by either the General Services Administration (GSA) of the National Park Service (NPS) though the burden of maintenance lies within the responsibility of the U. S. Secret Service (USSS). There is a variety of different heating ventilation and cooling (HVAC) unit manufacturers currently serving the guard post locations that were installed as recently as 2014 and some almost a decade ago. The basic type of HVAC unit is not configured to service multiple guard posts but operates independently to the associated post location on the WHC.

In general terms there are two (2) basic HVAC design types made up of split-unit heat pumps including ductless, or package type “window” units all with a variety of different manufacturers. The U.S. Secret Service is requesting services to maintain each type of unit at multiple locations throughout the year for both heating and cooling seasons. A maintenance contract is desired to cover a standard level of basic service and will also include emergency services to ensure the highest level of support for our agency to meet the needs of the WHC for 24/7 and 365 days each year.

1.2 Objectives: United States Secret Service (USSS) is seeking a contractor to provide maintenance services to the current equipment.

This scope covers the regular interval service to maintain heating ventilation air conditioning units and associated controls/equipment within the perimeter of the White House Complex to include at a minimum:

1.General Maintenance
2.General Cleaning
3.Inspection of Components
4.Log Operational Parameters
5.Replace Filters/Components
6.Repair and Restoration
7.Annual Deep Cleaning

There are a total of thirty-nine (39) separate HVAC units servicing thirty-six(36) guard posts to be covered by this maintenance agreement. Duct or ductless heat pumps = qty.32; and Packaged window units = qty.7.

Routine Maintenance Tasks to be completed every other month for a total of six (6) times per year:

•Clean air filters and surrounding enclosures to obtain maximum performance.
•Inspect air filters under normal operating conditions and replace when necessary to maintain maximum performance (replacements should occur no less than three (3) times per year).
•Inspect the temperature differentials between the source inlets and outlets and load-side air-return and the heating/cooling supply register and maintain as necessary.
•Clean drain pans, to reduce airborne, bacteria-producing, slime

Drains should be treated chemically to minimize problems.

• Inspect thermostats to ensure all are working properly and maintain as necessary.

Semi-Annual Tasks (occurring twice a year):

In addition to the bi-monthly tasks referenced above, the semi-annual maintenance shall include:

•Inspect and maintain condensate drain/pumps to avoid the possibility of overflow
•Clean air coils, using cleaning procedures compatible with either the cupronickel or copper water-to-refrigerant heat-exchanger.
•Inspect refrigerant lines for damage or wear that would cause degradation to the system performance. Patch or repair any inconsistencies.

Annual Tasks (once a year):

In addition to the bi-monthly and semi-annual tasks referenced above, the annual maintenance shall include:

•Record the Volts, Amperes and temperature differences (both heating and cooling) and maintain as necessary to ensure data matches information on unit data plate. Keep a record in a log sheet or in the bi-monthly maintenance report.
•Inspect air coils under normal operating conditions and clean air coils to obtain maximum performance.
•Clean by combing out aluminum fins avoiding damaging fins.
•Clean water strainers and condensate drains of debris as applicable.
•Ensure water source feed line connections and fittings are water and airtight as applicable.
•Ensure water pressure in the systems is within specified levels and maintain as necessary.
•Measure the individual unit source water flow rates to insure adequate velocity – not exceeding GPM flow rate as shown on the specification sheets. Maintain to ensure proper water flow rate.
•Ensure positive static pressure so air-vents do not draw air back into the system.

Annual Tasks (once a year – stand-alone):

In addition to the annual tasks referenced above, this additional annual maintenance shall include:

· Removal of system air filter and directional air flow damper fins (if possible)

· Removal of evaporator unit or package unit components to allow access to air coils

· Conduct a deep-clean of all internal surfaces and all internal components in the supply distribution air flow pathway with cleaning solution to prevent buildup of dust that may form mold

· Replace all system components and system air filter.

Non-Emergency Repairs:

Repair requirements identified during scheduled inspections and maintenance and can be rectified in a reasonable amount of time. Any necessary repairs outside of this boundary shall be scheduled at the soonest possible availability by the contractor.

Emergency Repairs:

Emergency repairs are services not included in the list of tasks and require a verbal response time within (1) hour from notification (any time/date including weekends, off-hours, and federal holidays) to indicate acknowledgement of the request and an onsite arrival response time within (4) hours from notification (any time/date including weekends, off-hours, and federal holidays).

SCHEDULING OF SERVICES

All routine maintenance services performed under this contract are to be scheduled with the COR or the White House Property Sergeant on behalf of the COR. The tasks listed above are to be completed during the hours of 8:00am EST to 5:00pm EST. Pre-scheduled services for repairs included in the list of tasks, non-emergency repair services and emergency repair services may take place after hours or on weekends as to not disrupt security during normal business hours. Escorts will be provided when the contractor is performing the work. Emergency repairs performed under this contract may be scheduled by the USSS Joint Operation Command Center (JOCC) Call Center.

REPLACEMENT PARTS/LABOR

It is the responsibility of the contractor to provide a detailed list of Guard Post HVAC units by type, size, model number, serial number, capacity, components, suggested spare parts, and recurring maintenance action items as part of the initial base year contract documentation and within three months after contract award.

The Contractor should provide parts in a timely manner; ensuring pricing is most advantageous to the Government. Contractor shall document/report all materials, shipping charges, etc. that can be provided to the Government on a quarterly basis. Prices of replacement parts to maintain heat pumps units and associated equipment are to be reimbursed at actual cost. Proposal should include markup beyond actual cost. Labor rates should be identified as a separate cost.

1.3 Period of Performance & Contract Type: The Government will award a Firm Fixed Price (FFP) Award. The Period of performance will be a 9-month base period and four (4) 12- month option periods.

1.3.1 Place of Performance:

USSS/WH Complex 17th & Pennsylvania Avenues, NW Washington D.C. 20006

1.3.2 Hours of Operation: The contractor is responsible for conducting business, between the hours of 9:00am – 5:00pm, Monday through Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. Hours of operation for service or repair work may extend outside of normal business hours on a 24-hour basis for emergency operations.

1.3.3 Privacy Act: Personnel who have access to Privacy Information shall adhere to the Privacy Act, Title 5 of the U.S. Code, Section 552a and applicable agency rules and regulations.

1.3.4 Physical Security: The contractor shall be responsible for safeguarding all Government equipment, information and property provided for contractor use. At the close of each work period, Government facilities, equipment, and materials shall be secured.

1.3.5 Key Personnel: The contractor shall provide a point of contact (POC) who shall be responsible for the deliverables. The name of this person and an alternate who shall act for the contractor when the manager is absent and shall be designated in writing to the contracting officer. The POC or alternate shall have full authority to act for the contractor on all contract matters.

1.3.6 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.4 Point of Contacts:

Contracting Officer, Shauntynee Penix, Shauntynee.Penix@usss.dhs.gov, Contract Specialist, Casey Cauffman-Davis, Casey.Cauffman-Davis@ussss.dhs.gov

PART 2

DEFINITIONS & ACRONYMS

2. Definitions and Acronyms:

2.1. DEFINITIONS: n/a

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

2.1.2. CONTRACTING OFFICER (C.O.). A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the Government. Note: The only individual who can legally bind the Government.

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

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

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

2.2. ACRONYMS:

CFRCode of Federal Regulations
COContracting Officer
CONUSContinental United States (excludes Alaska and Hawaii)
CORContracting Officer Representative
FARFederal Acquisition Regulation
FFPFirm Fixed Price
GFPGovernment Furnished Property
HSARHomeland Security Acquisition Regulation
NCRNational Capital Region
OCIOrganizational Conflict of Interest
OCONUSOutside Continental United States (includes Alaska and Hawaii)
ODCOther Direct Costs
PIPOPhase In/Phase Out
POCPoint of Contact
PMProgram Manager
SOWStatement of Work
TETechnical Exhibit
TPOCTechnical Point of Contact

2.3 OFFICER POST MAP. A diagram will be provided upon award that indicates the locations of each officer guard post location. Note: this map is considered “Unclassified – For Official Use Only”

FAR CLAUSES INCORPORATED BY FULL TEXT:

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide https://www.dhs.gov/publication/current-hsar-deviations https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/hsar (End of clause)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

a. The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

b. The use in this solicitation or contract of any Department of Homeland Security, Homeland Security Acquisition Regulation (HSAR) (48 CFR Chapter 30) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause) Clauses incorporated by reference:

CLAUSE
TITLE
DATE
52.202-1
Definitions
JUN 2020
52.203-3
Gratuities
APR 1984
52.203-5
Covenant Against Contingent Fees
May 2014
52.230-7
Anti-Kickback Procedures
JUN 2020
52.203-8
Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity
MAY 2014
52.203-10
Price or Fee Adjustment for Illegal or Improper Activity
MAY 2014
52.203-12
Limitation on Payments to Influence Certain Federal Transactions
JUN 2020
52.203-17
Contractor Employee Whistleblower Rights
NOV 2023
52.203-19
Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
JAN 2017
52.204-9
Personal Identity Verification of Contractor Personnel
JAN 2011
52.204-10
Reporting Executive Compensation and First-Tier Subcontract Awards

(DEVIATION 25-19, Nov 28,2025)

AUG 2025

52.204-13
System for Award Management Maintenance

(DEVIATION 25-19, Nov 28,2025)

AUG 2025

52.209-6
Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (DEVIATION 25-27, Nov 28,2025)
NOV 2025
52.209-9
Updates of Publicly Available Information Regarding Responsibility Matters (DEVIATION 25-27, Nov 28,2025)
NOV 2025
52.209-10
Prohibition on Contracting With Inverted Domestic Corporations

(DEVIATION 25-27, Nov 28,2025)

NOV 2025

52.212-4
Contract Terms and Conditions—Commercial Products and Commercial Services

(DEVIATION 25-21, Nov 28,2025)

AUG 2025

52.219-6
Notice of Total Small Business Set-Aside

(DEVIATION 25-21, Nov 28,2025)

OCT 2025

52.222-3
Convict Labor

JUN 2023

52.222-35
Equal Opportunity for Veterans

(DEVIATION 25-21, Nov 28,2025)

OCT 2025

52.222-36
Equal Opportunity for Workers with Disabilities

(DEVIATION 25-21, Nov 28,2025)

OCT 2025

52.222-50
Combating Trafficking in Persons
NOV 2021
52.225-1
Buy American-Supplies

(DEVIATION 26-09, Nov 28,2025)

OCT 2025

52.226-7
Drug-Free Workplace
MAY 2024
52.226-8
Encouraging Contractor Policies to Ban Text Messaging While Driving
MAY 2024
52.232-17
Interest
MAY 2014
52.232-23
Assignment of Claims
APR 1984
52.232-25
Prompt Payment
JAN 2017
52.232-33
Payment by Electronic Funds Transfer-System for Award Management
OCT 2018
52.232-39
Unenforceability of Unauthorized Obligations
JUN 2013
52.233-1
Disputes

(DEVIATION 25-25, Nov 3,2025)

AUG 2025

52.233-3
Protest after Award

(DEVIATION 25-25, Nov 3,2025)

AUG 2025

52.233-4
Applicable Law for Breach of Contract Claim

(DEVIATION 25-25, Nov 3,2025)

AUG 2025

52.244-6
Subcontracts for Commercial Products and Commercial Services

(DEVIATION 25-27, Nov 28,2025)

SEP 2025

52.249-2
Termination for Convenience of the Government (Fixed-Price).
APR 1984

52.222-90 Addressing DEI Discrimination by Federal Contractors.

(DEVIATION 25-23, Nov 3,2025)

(a) Definitions. As used in this clause— Program participation means membership or participation in, or access or admission to: training, mentoring, or leadership development programs; educational opportunities; clubs; associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.

Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.

(b) In connection with the performance of work under this contract, the Contractor agrees as follows:

(1) The Contractor will not engage in any racially discriminatory DEI activities;

(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;

(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;

(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer; and

(5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.

(6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).

(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States.

(End of clause) Secret Service Requirement Unauthorized Use of the U.S. Secret Service Name In accordance with 18 U.S.C. 709, any contractor, except with the written permission of the Director of the U.S. Secret Service, who knowingly uses the words "Secret Service", "Secret Service Uniformed Division", "U.S.S.S.", "U.D." or any colorable imitation or such words or initials, in connection with or as a part of any advertisement, circular, book, pamphlet or other publication, play, motion picture, broadcast, telecast, other production, product or item, in a manner reasonably calculated to convey the impression that such advertisement, circular, book, pamphlet or other publication, product, or item, is approved, endorsed, or authorized by or by associated in any manner with, the U.S. Secret Service or the U.S. Secret Service Uniformed Division shall be punishable as follows: a corporation, partnership, business trust, association, or other business entity, by a fine under this title; an officer or member thereof participating or knowingly acquiescing in such violation or any individual violating this section, by a fine under this title or imprisonment for not more than one year, or both.

Electronic Submission of Payment Requests Electronic Submission of Payment Requests

(a) Definition. "Payment request" means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), "Content of Invoices" and the applicable Payment clause included in this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP). Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.

(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with Treasury procedures.

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request. USSS 3052.204-90 Unauthorized Use of the U.S. Secret Service Name

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/these address(es): https://www.acquisition.gov

PROVISION
TITLE
DATE
52.203-11
Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions
SEP 2024
52.203-18
Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation.
JAN 2017
52.204-7
System for Award Management

(DEVIATION 25-19, Nov 28,2025)

AUG 2025

52.209-2
Prohibition on Contracting With Inverted Domestic Corporations-Representation

(DEVIATION 25-27, Nov 28,2025)

NOV 2025

52.209-5
Certification Regarding Responsibility Matters

(DEVIATION 25-27, Nov 28,2025)

NOV 2025

52.209-7
Information Regarding Responsibility Matters

(DEVIATION 25-27, Nov 28,2025)

NOV 2025

52.209-11
Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

(DEVIATION 25-27, Nov 28,2025)

NOV 2025

52.212-1
Instructions to Offerors - Commercial Products and Commercial Services. (Aug 2025)(DEVIATION 25-21) (effective November 28,2025)
NOV 2025
52.215-1
Instructions to Offerors-Competitive Acquisition

(DEVIATION 26-08, Nov 28,2025)

OCT 2025

52.229-11
Tax on Certain Foreign Procurements—Notice and Representation

JUN 2020

52.223-2
Service of Protest

(DEVIATION 25-25, Nov 3,2025)

52.240-90 Security Prohibitions and Exclusions Representations and Certifications. (DEVIATION 25-23, Nov 3,2025)

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

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

Marginalized populations of Sudan means—

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

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

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are 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 under specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

(b) Procedures.

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

(2) FASCSA Orders.

(i) The Offeror shall search in SAM for the phrase “FASCSA order” for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (e)(1) of FAR 52.240-91, Security Prohibitions and Exclusions.

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

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

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

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

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

(d) FASCSA Representation. By submission of this offer, the 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 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 (g). A reasonable inquiry will look at any information in the offeror’s possession but does not need to include an internal or third-party audit.

(e) Sudan certification. By submission of its offer, the offeror certifies, after conducting a reasonable inquiry (that looks at any information in the offeror’s possession but does not need to include an internal or third-party audit), that the offeror does not conduct any restricted business operations in Sudan.

(f) Iran Representation and Certifications.

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

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

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

(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $10,000 with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC’s Specially Designated Nationals and Blocked Persons List at https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx)

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

(i) This solicitation includes a trade agreements notice or certification (e.g., 52.225-6, Trade Agreements Certificate); and

(ii) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.

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

(g) Disclosure.

(1) If the Offeror is not able to represent compliance with the prohibitions in paragraphs (c) or (d), then the Offeror shall disclose to the contracting office identified in paragraph (g)(2) the following information for each product or service not compliant:

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

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

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

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

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

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

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

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

(A) Brand;

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

(C) Item description, as applicable.

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

(2) If a disclosure is required to be submitted to a contracting office, the offeror shall submit the disclosure as follows:

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

(ii) For all other contracting offices, the Offeror shall submit the disclosure to the Contracting Officer.

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

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

(End of provision)

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