RFQ Number - 273FCC26Q0008 - Columbia Landscape - Snow Services - Final.pdf

RFQ Number - 273FCC26Q0008 - Columbia Landscape & Snow Services

REQUEST FOR QUOTATIONS (RFQ)

COMBINED SYNOPSIS/SOLICITATION

Lawn Care Maintenance and Snow and Ice Removal Services — FCC Columbia Campus, Columbia, Maryland

RFQ Number 273FCC26Q0008

Issuing Office Federal Communications Commission (FCC) – Enterprise Acquisition Center (EAC)

Contracting Officer Luis Salas

Date Issued July 24, 2026

Quote Due Date / Time August 6, 2026, at 12:00 PM Eastern Time

Submit Quote To Luis.Salas@fcc.gov & EAC-Proposals@fcc.gov

Set-Aside Total Small Business Set-Aside (FAR 19.502-2)

NAICS Code 561730, Landscaping Services; Size Standard: $9.5M

Product Service Code: S208, Housekeeping – Landscaping/Groundskeeping

Contract Type Firm-Fixed-Price (FFP)

Period of Performance Base Period: September 1, 2026 – August 31, 2027, plus four (4) twelve-month option periods; total potential period of performance through August 31, 2031 (five years)

Place of Performance 7435 Oakland Mills Road, Columbia, MD 21046

1. General Information

1.1 This is a combined synopsis/solicitation for commercial services prepared in accordance with FAR Part 12, as revised by the FAR Overhaul and implemented by FCC Class Deviation RFO- 2026-12 – Supplement 2, May 12, 2026. This announcement constitutes the only solicitation;

quotations are being requested and a separate written solicitation will not be issued. All FAR references in this RFQ are to the revised (FAR Overhaul model deviation) text. This Request for Quotations (RFQ) is issued as a 100% total small business set-aside under the simplified acquisition procedures for commercial services at FAR 12.201-1. This solicitation incorporates provisions and clauses by reference; the full text of provisions and clauses may be accessed electronically at www.acquisition.gov.

1.2 The Government anticipates issuing a single firm-fixed-price purchase order (with fixed-price rates for unscheduled and emergency services) to the responsible small business quoter whose quotation represents the best value to the Government as described in Section 5 of this RFQ. A quotation is not an offer; issuance of a purchase order by the Government constitutes the offer, and the contractor’s written acceptance or commencement of performance constitutes acceptance. This RFQ does not commit the Government to issue an order or to pay any costs incurred in the preparation of a quotation.

mailto:Luis.Salas@fcc.gov

1.3 The total estimated value of this acquisition exceeds the simplified acquisition threshold but is within the $9 million ceiling for use of the simplified procedures at FAR 12.201-1. Pursuant to FAR 12.202(b), this posting combines the presolicitation notice and the solicitation. The period of performance is one (1) twelve-month base period and four (4) twelve-month option periods, exercisable at the Government’s unilateral discretion, for a total potential period of performance of five years.

1.4 Quoters must be registered and active in the System for Award Management (SAM.gov) at the time of quotation submission and at the time of order issuance, with current annual Representations and Certifications completed electronically in SAM. Note: SAM system updates may lag FAR Overhaul policy updates, and SAM may continue to require entities to complete representations based on provisions that are not included in this solicitation. The Contracting Officer will rely on representations based on the provisions included in this solicitation; entities are not required to, nor are they able to, update their entity registration to remove other representations in SAM.

2. Description of Requirement

2.1 The Contractor shall provide all management, supervision, labor, equipment, transportation, materials, and supplies necessary to perform lawn care maintenance and snow and ice removal services at the FCC Columbia Campus, Columbia, Maryland, in accordance with the Performance Work Statement (PWS) at Attachment 1, including its Technical Exhibits and the Performance Requirements Summary (PRS).

2.2 Principal requirements include: recurring mowing and grounds maintenance across four areas totaling approximately 76.5 acres in accordance with the schedule at PWS Table 2; turf, mulch bed, tree, and shrub maintenance; spring and fall clean-up; snow and ice removal in accordance with PWS Table 3 and Section 10, including coverage seven days a week from 7:00 a.m. to 11:00 p.m. (including Federal holidays) at designated locations; emergency on-call snow and ice removal with on-site arrival within two (2) hours of notification; and unscheduled services as ordered. Herbicide use around the perimeter of FCC buildings is not authorized; chemical treatment is permitted only in the locations and under the precautions specified in the PWS. No on-site storage is available.

3. Schedule of Services and Pricing

3.1 Base Period: September 1, 2026, through August 31, 2027

Option Period 1: September 1, 2027, through August 31, 2028

Option Period 2: September 1, 2028, through August 31, 2029

Option Period 3: September 1, 2029, through August 31, 2030

Option Period 4: September 1, 2030, through August 31, 2031

3.2 Quoters shall complete the Pricing Sheet: Attachment 2, for Scheduled and Unscheduled Services. All prices shall be firm-fixed-price or fixed rates, inclusive of all costs. Quantities for unscheduled and emergency CLINs are Government estimates for evaluation purposes only and do not represent a guarantee of work.

4. Site Visit & Submission Instructions

4.1 Site Visit

A site visit is scheduled at 7435 Oakland Mills Road, Columbia, MD 21046 on July 30, 2026, at 10:00 AM Eastern Time. Attendance is strongly encouraged. The Government will not reimburse travel costs.

FAR 52.237-1 — Site Visit (Apr 1984)

Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

(End of provision)

4.2 Submission Instructions

a. Questions shall be submitted no later than July 31, 2026, at 12:00 PM Eastern Time; answers to questions of general applicability will be consolidated and posted as an amendment to this RFQ on SAM.gov. No individual responses will be provided.

b. Quotes shall be submitted electronically to the Contracting Officer at Luis.Salas@fcc.gov and EAC-Proposals@fcc.gov no later than August 6, 2026, at 12:00 PM Eastern Time.

5. Instructions to Quoters

5.1 Quotations shall be submitted by email to the point of contact identified above no later than the due date and time. The subject line shall read: RFQ Number - 273FCC26Q0008 - Columbia Landscape & Snow Services - [Company Name]”. Files shall be in PDF format.

Consistent with FAR 12.203(c)(1) and 52.212-1(c), the Contracting Officer will exercise good business judgment in deciding whether to consider a quotation received after the due date.

5.2 Quotations shall consist of the following four parts. Page limits apply per part as stated below; pages beyond the stated limit will not be evaluated. Elaborate submissions are neither required nor desired.

(a) Part 1 — Licensing and Certifications. Copies of all current licenses and certifications required by Section 5.3 (Factor 1), including the Maryland Department of Agriculture (MDA) Pesticide Applicator/Business license and certification for the categories applicable to the herbicide applications authorized in PWS. This part is not subject to a page limit.

mailto:Luis.Salas@fcc.gov

(b) Part 2 — Technical Narrative (not to exceed ten (10) pages). A brief narrative describing the quoter’s approach to the PWS requirements, addressing at a minimum the elements listed in Section 6.4 (Factor 2): the mowing and grounds maintenance approach; the snow and ice removal approach, including the ability to sustain seven-day coverage and to meet the two-hour emergency response requirement and blizzard surge conditions; staffing approach and identification of the On-Site Supervisor (PWS Section 3); equipment inventory and transportation plan (no on-site storage is available); any proposed subcontractors and how the quoter will comply with the limitations on subcontracting at FAR 52.219-14; and quality-control methods, including correction of deficiencies.

(c) Part 3 — Past Performance (not to exceed three (3) pages; one (1) page per reference). Up to three (3) references (Government or commercial) for grounds maintenance and/or snow and ice removal efforts similar in scope performed within the last three (3) years, including customer name, point of contact (telephone and email), period of performance, dollar value, and a brief description of the services.

(d) Part 4 — Price (no page limit). Complete Pricing Sheet (Attachment 2), for the base and all option periods, including unscheduled services.

5.3 Questions regarding this RFQ shall be submitted in writing to the point of contact by the questions-due date above. Answers of general applicability will be provided to all prospective quoters by amendment posted to SAM.gov.

5.4 By submitting a quotation, the quoter agrees to hold its quoted prices firm for [60] calendar days from the quotation due date.

6. Evaluation of Quotations and Basis for Award

6.1 Set-Aside. This acquisition is a 100% total set-aside for small business concerns under NAICS code 561730, Landscaping Services (size standard: $9.5 million). Only quotations from concerns that qualify as small business under the applicable size standard at the time of quotation submission will be considered.

6.2 Basis for Award. The Government will issue a firm-fixed-price purchase order (with fixed-price rates for unscheduled and emergency services) to the responsible small business quoter whose quotation conforms to this RFQ, meets the pass/fail Licensing and Certifications requirement (Factor 1), and represents the best value to the Government based on a comparative evaluation of quotations considering Technical Capability (Factor 2), Past Performance (Factor 3), and Price (Factor 4). Technical Capability (Factor 2) is more important than Past Performance (Factor 3). Technical Capability and Past Performance, when combined, are more important than Price. The Government may issue the order to other than the lowest-priced quoter where the technical or past performance advantages of a higher-priced quotation warrant the price difference.

This evaluation is conducted under the simplified procedures of FAR 12.201-1 and, pursuant to FAR 12.203(c)(2), is not subject to FAR Part 15 or Part 14. The Government will not assign adjectival ratings or point scores, establish a competitive range, or conduct formal discussions.

The Government anticipates selecting the best-suited quoter from initial quotations, without engaging in exchanges with quoters. Quoters are strongly encouraged to submit their best technical solutions and price in response to this RFQ. Once the Government determines the quoter that is best-suited (i.e., the apparent successful quoter), the Government reserves the right to communicate with only that quoter to address any remaining issues, if necessary, and finalize a purchase order with that quoter. These issues may include technical and price. If the parties cannot successfully address any remaining issues, as determined pertinent at the sole discretion of the Government, the Government reserves the right to communicate with the next best-suited quoter based on the original analysis and address any remaining issues. Pages beyond the limits in Section 5.2 will not be evaluated.

6.3 Factor 1 — Licensing and Certifications (Pass/Fail). Quoters shall provide copies of all current licenses and certifications required for the performance of landscaping and snow and ice removal services in the State of Maryland and Howard County. Required documentation:

• Maryland Department of Agriculture (MDA) Pesticide Applicator/Business license and certification for the categories applicable to the herbicide applications authorized in the PWS (e.g., treatment of weeds in sidewalks, asphalt areas, and the gravel antenna field);

Evaluation: This factor will be evaluated on a Pass/Fail basis. A quotation that fails to include any of the required documentation, or whose licenses or certifications are expired or their licenses do not cover the services required by the PWS, will be ineligible for award and will not be further evaluated. The Contracting Officer may additionally verify licensure and insurance as part of the responsibility determination under FAR Part 9 prior to issuance of the order.

6.4 Factor 2 — Technical Capability. The Government will evaluate how well the quoter’s proposed approach demonstrates the capability to perform all requirements of the Performance Work Statement (PWS). The evaluation will be conducted in a holistic, comparative assessment, in which predetermined subfactors and adjectival ratings will not be used. The evaluation will consider, at a minimum, the extent to which the quotation demonstrates:

• A sound approach to recurring mowing and grounds maintenance operations across all four PWS areas (approximately 76.5 acres total, including the 50-acre Back Fields area), in accordance with the mowing schedule and cut-height standards at PWS Table 2, including string trimming, edging, and trimming around antenna poles;

• Maintenance of turf areas, mulch beds, hardscapes, and walkways, including weed control performed in accordance with the PWS — noting that herbicide use around the perimeter of FCC buildings is not authorized, and that chemical treatment is permitted only in the locations and under the precautions specified in the PWS (sidewalk/asphalt areas and the gravel antenna field, with care taken to protect antennas and sensitive equipment);

• Seasonal services including spring and fall pick-up and clearing, leaf and debris removal, tree maintenance (including magnolia sucker removal and the four-foot clearance requirement at the Laboratory), and shrub maintenance;

• The capacity to perform snow and ice removal in accordance with PWS Table 3 and Section 10, including the 2-inch snow / 0.5-inch mixed precipitation / unsafe conditions due to icing;

• Sustained coverage seven days a week from 7:00 a.m. to 11:00 p.m. (including Federal holidays) at designated locations, salt/calcium chloride treatment, and the seasonal snowfall measurement and documentation requirements of PWS 10.1;

• The ability to mobilize for emergency “on-call” snow and ice removal with on-site arrival within two (2) hours of notification, and to surge (including through subcontractors) for blizzard conditions of sixteen (16) inches or more;

6.5 Factor 3 — Past Performance. The Government will evaluate the recency, relevancy, and quality of the quoter’s record of performance on grounds maintenance and/or snow and ice removal efforts similar in scope to this requirement, based on the references submitted under Section 5.2. The Government reserves the right, but is not obligated, to also consider information from the Contractor Performance Assessment Reporting System (CPARS) and other sources inside and outside the Government, including commercial market experience, consistent with FAR 12.203(a)(2). For purposes of this evaluation: (a) Recent means performed, in whole or in part, within the three (3) years preceding the RFQ issuance date. (b) Relevant means grounds maintenance and/or snow and ice removal services similar in scope, magnitude, and complexity to this requirement (e.g., recurring mowing and grounds maintenance of comparable acreage, and/or snow and ice removal involving sustained seasonal coverage and emergency response).

(c) Quality refers to how well the quoter performed — including quality of services delivered, timeliness, management responsiveness, and compliance with contract terms — as reflected in reference feedback, CPARS records, and other information available to the Government. More relevant and higher-quality performance will be viewed more favorably. A quoter without a record of relevant past performance will not be evaluated favorably or unfavorably on this factor.

6.6 Factor 4 — Price. The total evaluated price will be the sum of all CLINs for the base period and all four option periods, including Government-estimated quantities applied to the unscheduled and emergency service rates in the Unscheduled Services Pricing Sheet (Attachment 2). Pursuant to FAR 52.217-8, the Government may also evaluate the option to extend services by adding six (6) months of the final option period’s prices to the total evaluated price. Price will be evaluated for fairness and reasonableness, based primarily on competition (FAR 12.204(a)). Because this acquisition will be issued as a firm-fixed-price order using agency historical pricing data for comparison (i.e., this is not a novel, first-time procurement for which such data would be unavailable), a separate unbalanced-pricing risk analysis is not required as part of this evaluation. The Contracting Officer may nonetheless consider, as part of the price reasonableness determination under FAR 12.204(a), whether pricing patterns across periods — for example, disproportionately low pricing in earlier periods followed by higher pricing in later periods — suggest an attempt to shift costs to later performance and increase the Government’s exposure to higher payments in future periods. Evaluation of options does not obligate the Government to exercise them.

5.7 After issuance of the order, unsuccessful quoters may, upon request, receive a brief explanation of the basis for the award decision in accordance with FAR 12.301(b).

7. Solicitation Provisions

7.1 The following provisions apply to this solicitation phase only and are incorporated by reference per FAR 52.252-1, Solicitation Provisions Incorporated by Reference (FEB 1998), with the same force and effect as if given in full text. Provision dates shall be confirmed against the FAR Overhaul model deviation text in effect on the issue date of this RFQ.

Number Title Date

52.212-1 Instructions to Offerors — Commercial Products and Commercial Services, as tailored by Section 5 of this RFQ MAY 2026

52.212-2 Evaluation — Commercial Products and Commercial Services, tailored for this acquisition; the evaluation factors and basis for award set forth in Section 5 of this RFQ constitute the complete tailored provision

MAY 2026

52.204-7 System for Award Management — Registration MAY 2026

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions MAY 2026

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements — Representation

MAY 2026

52.225-20 Prohibition on Conducting Restricted Business Operations in Sudan — Certification MAY 2026

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran — Representation and Certifications

MAY 2026

52.229-11 Tax on Certain Foreign Procurements — Notice and Representation MAY 2026

52.240-90 Security Prohibitions and Exclusions Representations and Certifications MAY 2026

7.2 Representations and certifications required by the provisions above that are contained in the quoter’s current annual Representations and Certifications in SAM.gov are incorporated by reference and need not be resubmitted with the quotation. The deleted provision 52.212-3 is not used in this solicitation.

8. Contract Clauses

8.1 The following clauses are incorporated by reference per FAR 52.252-2, Clauses Incorporated by Reference (FEB 1998), and will apply to the resulting purchase order. Consistent with FAR 12.205(b)(2), the applicable clauses from Table 12-3 are listed individually; the deleted master clause 52.212-5 is not used. Clause dates shall be confirmed against the FAR Overhaul model deviation text in effect on the issue date of this RFQ. Per FAR 12.205(d)(2), no provisions or clauses other than those prescribed in Part 12 are included absent an approved deviation.

Number Title Date Principal commercial clause

52.212-4 Terms and Conditions — Commercial Products and Commercial Services, with the addendum at Section 8.2 MAY 2026

Business ethics and integrity

52.203-6 Restrictions on Subcontractor Sales to the Government (with Alternate I) MAY 2026

52.203-17 Contractor Employee Whistleblower Rights MAY 2026

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements MAY 2026

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment MAY 2026

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters MAY 2026

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations MAY 2026 SAM, identity, and security 52.204-9 Personal Identity Verification of Contractor Personnel MAY 2026 52.204-13 System for Award Management — Maintenance MAY 2026 52.240-91 Security Prohibitions and Exclusions MAY 2026 52.240-93 Basic Safeguarding of Covered Contractor Information Systems MAY 2026 Small business (total set-aside) 52.219-6 Notice of Total Small Business Set-Aside MAY 2026 52.219-8 Utilization of Small Business Concerns MAY 2026 52.219-14 Limitations on Subcontracting MAY 2026

52.232-40 Providing Accelerated Payments to Small Business Subcontractors MAY 2026

Labor standards 52.222-3 Convict Labor MAY 2026 52.222-35 Equal Opportunity for Veterans MAY 2026] 52.222-36 Equal Opportunity for Workers with Disabilities MAY 2026 52.222-37 Employment Reports on Veterans MAY 2026

Number Title Date

52.222-40 Notification of Employee Rights Under the National Labor Relations Act MAY 2026

52.222-41 Service Contract Labor Standards (Wage Determination-at Attachment 3) Service Contract Act WD # 2015-4265 MAY 2026

52.222-42 Statement of Equivalent Rates for Federal Hires (see Section

7.3) MAY 2026

52.222-43 Fair Labor Standards Act and Service Contract Labor Standards

— Price Adjustment (Multiple Year and Option Contracts) MAY 2026

52.222-50 Combating Trafficking in Persons MAY 2026 52.222-54 Employment Eligibility Verification (E-Verify) MAY 2026 52.222-62 Paid Sick Leave Under Executive Order 13706 MAY 2026 52.222-90 Addressing DEI Discrimination by Federal Contractors APR 2026 Environment and safety

52.223-23 Sustainable Products and Services (applicable to mulch, fertilizers, de-icing materials, and other covered items furnished under this contract)

MAY 2026

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving MAY 2026

Payment, protests, and law

52.232-33 Payment by Electronic Funds Transfer — System for Award Management MAY 2026

52.233-3 Protest After Award MAY 2026 52.233-4 Applicable Law for Breach of Contract Claim MAY 2026 Subcontracts

52.244-6 Subcontracts for Commercial Products and Commercial Services MAY 2026

52.217-8 Option to Extend Services (1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months.

The Contracting Officer may exercise the option by written notice to the Contractor within 15 days.

(End of clause)

52.217-9 Option to Extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 15 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months.

(End of clause)

52.228-5 Insurance-Work on a Government Installation.

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government’s interest shall not be effective-

(1) For such period as the laws of the State in which this contract is to be performed prescribe; or

(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors’ proofs of required insurance and shall make copies available to the Contracting Officer upon request.

Insurance: Throughout performance, including all option periods, the Contractor shall obtain and maintain, at its own expense, at least the following insurance coverages: (A) Commercial General Liability insurance with limits of not less than $[1,000,000] per occurrence and $[2,000,000] general aggregate, covering bodily injury and property damage arising from performance under this contract; (B) Automobile Liability insurance covering all owned, hired, and non-owned vehicles used in performance, with a combined single limit of not less than $[1,000,000] per accident; and (C) Workers’ Compensation insurance as required by the laws of the State of Maryland, and Employer’s Liability insurance with limits of not less than $[100,000] per accident. Prior to commencing performance, and upon each policy renewal thereafter, the

Contractor shall furnish to the Contracting Officer a certificate of insurance evidencing the required coverage. Each policy (other than Workers’ Compensation) shall name the Federal Communications Commission as an additional insured with respect to operations performed under this contract and shall provide that the Government be given at least thirty (30) days’ written notice of cancellation or material change in coverage.

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation. If the Contractor’s failure to use reasonable care causes damage to any of this property, the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price.

(End of clause)

8.3 In compliance with 52.222-42, the following classes of service employees are expected to be employed under this contract, with the equivalent Federal hire rates shown for information only:

[insert employee classes (e.g., Laborer/Grounds Maintenance, Tractor Operator, Truck Driver) and equivalent GS/WG rates].

8.4 Clauses determined not applicable to this acquisition and therefore not included pursuant to FAR 12.205 include, without limitation: 52.203-13 (below $6 million); 52.219-9 and 52.219-16 (not required of small business primes); 52.219-33 (services, not supplies); 52.222-19, 52.223-9, 52.225-1/-3/-5 (no end products; supplies incidental to services; total small business set-aside);

52.222-44 (52.222-43 used for this multi-period contract); 52.224-3 (no PII handling); 52.225-19 and 52.225-26 (performance within the United States); and Part 45 clauses (no Government-furnished property).

8.5 FCC Local Clauses. Pursuant to FAR 12.205(d)(2)(ii), the following FCC local clauses are included as directed by agency policy and are incorporated in full text below. They apply to the resulting purchase order with the same force and effect as the clauses incorporated by reference in Section 8.1.

LOCAL 1-1 Contracting Officer’s Representative (COR) (DEC 2023) The COR is responsible for monitoring Contractor’s progress and for ensuring that all documentation, services, and/or supplies have been submitted or performed in accordance with the requirements of this contract or order. Should Contractor fail to fulfill any obligations required under this contract or order, the COR shall inform Contractor of such failure. The COR shall also inform the FCC’s Contracting Officer of technical or contractual problems or delays that have arisen during the term of performance. In addition, the COR shall provide approval of all invoices submitted by Contractor and perform final inspection and acceptance of all work and/or supplies delivered on behalf of the FCC.

Limitation of COR Authority. The COR is not authorized to make commitments or obligations on behalf of the FCC, including, without limitation, the exercise of options or consenting to additional costs beyond the stated ceiling price(s) or fixed price(s). The COR does not have the authority to grant Contractor permission to deviate from the requirements stated in the contract or order and shall not direct Contractor to perform any additional work that has not been specified.

By acceptance of this contract or order, Contractor acknowledges and accepts the limited authority of the FCC’s COR as described herein. Furthermore, Contractor agrees that it will refuse directions or instructions from the COR that are expressly prohibited and directly contact the Contracting Officer in those instances.

The COR for this contract or order is [XXX XXXX]. The COR may be reached via telephone at [(XXX) XXX-XXXX], or via email at [XXX.XXXXX@fcc.gov].

LOCAL 3-3 Personal Conflicts of Interest (NOV 2023) Covered employee means an employee of Contractor or of any of its subcontractors or any self-employed individual under contract to the Government.

Personal conflict of interest means a situation in which a covered employee has a financial interest, personal activity, or relationship that could impair that person’s ability to act impartially and in the best interest of the Government when performing under the contract or allowing a covered employee to engage in self-dealing.

(1) Among the sources of personal conflicts of interest are— (a) Financial interests of the covered employee, of close family members, or of other members of the covered employee’s household; (b) Other employment or financial relationships (including seeking or negotiating for prospective employment or business); and (c) Gifts, including travel.

(2) For example, financial interests referred to in paragraph (1) of this definition may arise from— (a) Compensation, including wages, salaries, commissions, professional fees, or fees for business referrals; (b) Consulting relationships (including commercial and professional consulting and service arrangements, scientific and technical advisory board memberships, or serving as an expert witness in litigation); (c) Services provided in exchange for honorariums or travel expense reimbursements; (d) Research funding or other forms of research support; (e) Investment in the form of stock or bond ownership or partnership interest (excluding diversified mutual fund investments); (f) Real estate investments; (g) Patents, copyrights, and other intellectual property interests; or (h) Business ownership and investment interests.

(b) Requirements. Contractor shall—

(1) Have procedures in place to screen covered employees for potential personal conflicts of interest, by— (i) Obtaining and maintaining from each covered employee, when the employee is initially assigned to the task under the contract, a disclosure of interests that might be affected by the task to which the employee has been assigned, as follows: (A) Financial interests of the covered employee, of close family members, or of other members of the covered employee’s household. (B) Other employment or financial relationships of the covered employee (including seeking or negotiating for prospective employment or business). (C) Gifts, including travel; and

(ii) Requiring each covered employee to update the disclosure statement whenever a change to the employee’s personal or financial circumstances creates a new personal conflict of interest.

(2) Preventing personal conflicts of interest for each covered employee, including not assigning or allowing a covered employee to perform any task under the contract for which the employee has a personal conflict of interest that cannot be satisfactorily prevented or mitigated to the satisfaction of the FCC; (3) Informing covered employees of their obligation to disclose and prevent personal conflicts of interest and to avoid situations creating an appearance of a lack of impartiality; (4) Maintaining effective oversight to verify compliance with personal conflict of interest safeguards; (5) Taking appropriate disciplinary action toward covered employees who fail to comply with policies established pursuant to this clause; and (6) Reporting to the Contracting Officer any personal conflict of interest violation by a covered employee as soon as it is identified. This report shall include a description of the violation and the proposed responses to be taken by Contractor. Follow-up reports of corrective actions taken shall be provided as necessary. Personal conflict of interest violations include— (i) Failure by a covered employee to disclose a personal conflict of interest; (ii) Use by a covered employee of nonpublic information accessed through performance of a Government contract for personal gain; and (iii) Failure of a covered employee to comply with the terms of a non-disclosure agreement.

(c) Mitigation or waiver. (1) In exceptional circumstances, if Contractor cannot satisfactorily prevent a personal conflict of interest as required by paragraph (b)(2) of this clause, Contractor may submit a request through the Contracting Officer to the Head of the Contracting Activity for either— (i) Agreement to a plan to mitigate the personal conflict of interest; or (ii) A waiver of the requirement. (2) Contractor shall include in the request any proposed mitigation of the personal conflict of interest. (3) Contractor shall— (i) Comply, and require compliance by the covered employee, with any conditions requested by the Government to mitigate the personal conflict of interest; or (ii) Remove the Contractor employee or subcontractor employee from performance of the contract or terminate the applicable subcontract.

(d) Subcontracts. In any subcontract that exceeds the simplified acquisition threshold, Contractor shall include a clause that conforms substantially to the language of this clause, including this paragraph, unless otherwise authorized by the Contracting Officer. The terms “Contractor” and “Contracting Officer” shall be appropriately modified to reflect the change in parties.

(e) If the contract requires both acquisition-related services and non-acquisition related services closely associated with inherently governmental functions, and FAR 52.203-16 has been incorporated in this contract, this clause shall be superseded by FAR 52.203-16 for the purpose of acquisition-related services.

LOCAL 9-1 Organizational Conflicts of Interest (NOV 2023) Definition. The phrase “organizational conflict of interest” means that because of other activities or relationships with other entities, a contractor or significant subcontractor is unable or potentially unable to render impartial assistance or advice to the Government, or the contractor’s objectivity in performing the contract work is or might be otherwise impaired, or a contractor has been given an unfair competitive advantage. The principles and procedures related to organizational conflicts of interest are set forth in FAR Subpart 9.5.

A contractor may be biased when its work under a government contract could entail evaluating its own products or services or those of an organizationally related entity. In these cases, the concern is that the firm’s ability to render impartial advice to the government could, or would appear to be, undermined by the relationship with the entity whose work product is being evaluated.

If a firm, as part of its performance of a government contract, has been involved in the writing of a statement of work or has written a report or study directly leading to a statement of work, it would generally be precluded from providing the services covered by the statement of work.

Another example of an organizational conflict of interest is when a firm has access to another firm’s proprietary information or other nonpublic information as part of its performance of a government contract, providing the firm with an unfair competitive advantage over the owner of the proprietary information or others in a later competition for a government contract.

Warranty concerning, and disclosure of, organizational conflicts of interest. Contractor warrants that, unless previously disclosed or disclosed under this clause, it is not aware of any relevant facts or circumstances that pose or likely would pose an organizational conflict of interest under the rules and principles set forth in FAR Subpart 9.5 with respect to its performance of this contract.

Organizational conflicts of interest that arise during performance of the contract, as well as newly discovered conflicts that existed before contract award, shall be disclosed promptly. If Contractor identifies an actual or potential organizational conflict of interest during contract performance that was not previously avoided, neutralized, or mitigated, and for which a waiver has not been granted, or there is a change to any relevant facts relating to a previously identified organizational conflict of interest, Contractor shall make a prompt and full disclosure in writing to the Contracting Officer.

Any disclosure shall include a full description of the parties, organizational relationships, contracts or other work, proprietary or other nonpublic information, and other information necessary to fully understand the nature and extent of the actual or potential organizational conflict of interest.

Termination. The FCC may terminate this contract, in whole or in part, if it deems such termination necessary to end or avoid an actual or potential organizational conflict of interest.

Final Authority. The Contracting Officer is the final authority in determining whether an organizational conflict of interest exists and whether the organizational conflict of interest has been, or can be, adequately avoided, neutralized, or mitigated.

Subcontracts. Contractor shall include the substance of this clause, including this paragraph (e), in subcontracts where the work includes or may include tasks related to the organizational conflict of interest.

LOCAL 4-1 Special Considerations Regarding Contract Performance (NOV 2023) While on FCC premises, Contractor personnel (and any subcontractor(s) and subcontractor employees) shall only conduct business required for this or other FCC contracts. Contractor personnel shall abide by the rules and regulations applicable to FCC buildings and information technology infrastructure (e.g., e-mail and local-area-network), including Government-wide rules and regulations governing conduct on Federal property (41 C.F.R. Part 102-74, Subpt. C) and all safety and security regulations.

LOCAL 12 Contractor Promotional Material and Press Releases Relating to the Contract

(JUN 2023)

Except as set forth in clause Local 16 Access to Nonpublic Information and its Release (if included in this contract), the FCC may review for accuracy or approve any statements made in contractor press releases or other promotional material relating to Contractor’s performance under this contract or regarding the value or importance of services or goods provided under this contract, but it shall not expressly or impliedly endorse any particular contractor or any goods or services received, except as allowed by 5 C.F.R. § 2635.702(c)(1)-(2).

Contractor shall not publish, distribute, or permit to be published or distributed, any press release, promotional account, or statement that contains information attributed to, or quotations from, FCC personnel or the FCC itself relating to Contractor’s performance under this contract or the value or importance of its services or goods provided to the FCC, unless the information is derived from a Government-wide past performance information system, is used in proper context, and is fair and accurate.

Any press release, promotional material, or statement published or distributed by the Contractor that relates to this contract shall contain the following disclaimer with the applicable contract/order number inserted, which shall be clearly displayed:

Disclaimer: This disclaimer is required by (Insert FCC contract number from awarded contract or order). The Federal Communications Commission (FCC) may not have reviewed or approved any statement in this document for accuracy or validity. The FCC and its employees do not endorse goods or services provided by the Contractor or any other contractor.

LOCAL 16 Access to Nonpublic Information and its Release (NOV 2023) Definition. Nonpublic information, as used in this clause, means any Government or third-party information, whether included, revealed, or learned in performance of this contract (including any purchase order or order under a task or delivery order contract or a GSA schedule contract), that— (1) Has been determined by FCC to be exempt from disclosure under the Freedom of Information Act (FOIA) or otherwise protected from disclosure by statute, Executive order, or regulation; or (2) Has not been disseminated to the general public, and the FCC has not yet determined whether the information can or should be made available to the public.

(b) Restrictions on use and disclosure of nonpublic information. (1) The restrictions provided in this clause are intended to protect both the Government and third-party owners of nonpublic information from unauthorized use or disclosure of such information. (i) Contractor shall indemnify and hold harmless the Government, its agents, and employees from every claim or liability, including attorneys’ fees, court costs, and expenses arising out of, or in any way related to, the misuse or unauthorized modification, reproduction, release, performance, display, or disclosure of any nonpublic information to which it is given access during performance of this contract. (ii) Third-party owners of nonpublic information to which Contractor may have accessed during performance of this contract are third-party beneficiaries with respect to the terms of this clause who, in addition to any other third-party rights, have a right of direct action against Contractor to seek damages for injuries arising from any violation of the terms of this clause.

(2) With regard to any nonpublic information to which Contractor receives access in performance of this contract, whether the information comes from the Government or from third parties, Contractor shall— (i) Utilize the nonpublic information solely as necessary to perform the services specified in this contract, and not for any other purposes; (ii) Safeguard the nonpublic information from unauthorized use and disclosure; (iii) Limit access to the nonpublic information to only those persons who need it to perform services under this contract; (iv) Inform all individuals who may have access to nonpublic information about their obligations to utilize it only to perform the services specified in this contract and safeguard it from unauthorized use and disclosure; (v) Obtain a signed nondisclosure agreement from each individual who may have access to the nonpublic information; (vi) Provide a copy of all such nondisclosure agreements to the Contracting Officer upon request; and (vii) Report to the Contracting Officer any violations of requirements (i) through (v) of this paragraph as soon as the violation is identified.

(c) Applicability. The obligations and prohibitions of paragraph (b) do not apply if Contractor can demonstrate to the Contracting Officer that the information was in the public domain, was lawfully in Contractor’s possession prior to access, or was received from an authorized third party.

(d) Release of Contractor’s information. Contractor agrees that the Government may, in appropriate circumstances, release its contractors, their subcontractors, and their individual employees, nonpublic information provided by Contractor in the performance of this contract, subject to the protections described in this clause.

(e) Contractor Releases. Contractor shall not publish, distribute, or permit to be published or distributed, any press release, promotional material, or statement relating to this contract that contains nonpublic information.

(i) Subcontracts. Contractor shall insert this clause, including this paragraph (i), in all subcontracts that may require the furnishing of nonpublic information to the FCC and in all subcontracts under which a subcontractor may have access to nonpublic information.

LOCAL 24-1 Reporting on Breaches of Personally Identifiable Information (PII) (NOV 2023)

(a) Definitions. (1) Personally identifiable information (“PII”) is information that can be used to distinguish or trace an individual’s identity, either alone or when combined with other information that is linked or potentially linkable to a specific individual. (2) A PII breach is the loss of control, compromise, unauthorized disclosure, unauthorized acquisition, or any similar occurrence where (a) a person other than an authorized user accesses or potentially accesses PII, or (b) an authorized user accesses or potentially accesses PII for an unauthorized purpose.

(b) Contractor Obligations to Report Breaches. Contractor shall: (1) Report, within one hour, any suspected or confirmed PII breach to the FCC’s Network Security Operations Center (NSOC) via e-mail at NSOC@fcc.gov or by telephone at 202-418-4011. Furthermore, in order to effectively report and manage a suspected or confirmed breach, Contractor agrees to cooperate with and exchange information with FCC officials, as requested and deemed necessary by the FCC. (2) Encrypt PII in accordance with OMB Circular A-130 and other applicable policies for protecting PII, including any additional relevant FCC-specific guidelines and procedures. (3) Provide regular training for its personnel on how to identify and report a PII breach. (4) Maintain capabilities to (a) determine what FCC information was or could have been accessed and by whom, (b) construct a timeline of user activity, (c) determine methods and techniques used to access FCC information, and (d) identify the initial attack vector. (5) Allow for inspection, investigation, forensic analysis, and any other actions necessary to ensure compliance with the requirements of this section. (6) Identify roles and responsibilities among its personnel for compliance with the requirements of this subsection.

(c) A report of a PII breach shall not, by itself, be interpreted as evidence that Contractor failed to provide adequate safeguards for PII.

(e) Subcontracts. Contractor shall include the substance of this clause, including this subsection (e), in all subcontracts that require the subcontractor to use or operate FCC information systems that create, collect, use, process, store, maintain, disseminate, disclose, dispose, or otherwise handle PII on behalf of the FCC.

LOCAL 28-1 Hold Harmless and Indemnity Agreement (NOV 2023)

(a) Responsibility for Government Property. Contractor assumes full responsibility for, and shall indemnify the Government against, any and all loss or damage of whatsoever kind and nature to any and all Government property, including any equipment, supplies, accessories, or parts furnished, while in its custody and care for storage, repair, or services to be performed under the terms of this contract, resulting in whole or in part from the negligent acts of Contractor, any subcontractor, or any employee, agent, or representative of Contractor or any subcontractor.

(b) Hold Harmless and Indemnification Agreement. Contractor shall save and hold harmless and indemnify the Government against any and all liability and claims and costs of whatever kind and nature for injury to or death of any persons and for loss of or damage to any property occurring in connection with or in any way incidental to or arising out of the occupancy, use, service operation, or performance of work under the terms of this contract resulting in whole or in part from the negligent acts or omissions of Contractor, any subcontractor, or any employee, agent, or representative of Contractor or subcontractor.

LOCAL 32-1 Invoice Instructions (DEC 2023) To obtain payment, Contractor shall submit a proper invoice (see FAR 32.905(b)) electronically via the U.S. Department of the Treasury’s Invoice Processing Platform (IPP), which can be accessed at https://www.ipp.gov. To use the IPP system, Contractor must follow instructions provided in an enrollment email that it receives from the IPP upon establishing an account.

LOCAL 37-1 Nonpersonal Services Contract (NOV 2023)

(a) This contract is a “nonpersonal services contract” as defined in FAR Section 37.101. It is understood and agreed that: (1) Contractor shall perform the services specified herein as an…