S02 Combined Synopsis Solicitation 36C78625Q50141.pdf

GENERAL INFORMATION:

Document Type: Combined Synopsis Solicitation

Solicitation Number: 36C78625Q50217

Title: Aggregate Materials Delivery Black Hills National Cemetery

Post Date: 04/30/2025

Original Response Date:

Applicable NAICS:

PSC:

Set Aside Type:

Issuing Contracting Office:

Place of Performance:

Attachments:

05/23/2025 at 11:00 am EST

212321 Construction Sand and Gravel Mining

Small Business Set Aside

Department of Veterans Affairs

National Cemetery Administration, Contract Services

18434 Joplin Road Triangle, VA 22172

Black Hills National Cemetery

20901 Pleasant Valley Dr, Sturgis SD 57785

A - Statement of work

B - Pricing/Cost Schedule CLINs

(Excel Document to be returned in Excel)

This is a combined synopsis/solicitation for commercial services 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; quotes are being requested and a written solicitation will not be issued.

This solicitation is issued as a Request for Quotation (RFQ), solicitation number 36C78625Q50217.

This solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC)

2025-03 with an effective date of 01/17/2025.

This acquisition is 100% set-aside for Small Business Concerns

NORTH AMERICAN INDUSTRIAL CLASSIFICATION SYSTEM (NAICS) CODE:

The (NAICS) code for this procurement is 561730. Business Size Standard $9.5 million Dollars

PRICE SCHEDULE: See Attachment B. The schedule price for each CLIN should be all-inclusive, including all supervision, equipment, materials, and supplies. Pricing shall be FOB Destination and in accordance with the Statement of Work and Terms and Conditions of this Combined Synopsis/Solicitation.

Quoters shall enter the unit price and total amounts for each CLIN as indicated in the schedule –

Attachment B. In the event the Quoter did not add the total estimated price correctly, the Government will utilize the unit price(s) to compute the correct total estimated price.

DESCRIPTION OF REQUIREMENT: See Statement of Work at Attachment A.

CONTRACT DATES: The period of performance will be one (1) base year and four (4) one-year options, if exercised, from the date of award.

DELIVERY/ACCEPTANCE LOCATION: The delivery and acceptance location will be at the

Place of Performance address listed on page 1 of this Combined Synopsis/Solicitation.

CONTRACT TYPE: This notice shall not be construed as a commitment by the Government to ultimately award a contract, nor does it restrict the Government to a particular acquisition approach.

The U.S. Department of Veteran Affairs, National Cemetery Administration, anticipates the award of a Indefinite Delivery Indefinite Quantity (IDIQ) contract with a base plus four option years, if exercised, for Tree Treatment Services.

PRE-BID SITE VISIT: Offerors are urged and expected to inspect all sites where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance. In no event shall failure to inspect one or all sites constitute grounds for a claim after contract award. There is no Site visit scheduled for this location. Potential offerors are able to visit the Cemetery during operating hours.. * No additional site-visits or individual tours will be scheduled.

All questions resulting from any site visit should be sent to the Contracting Officer. The Contracting

Officer will then issue an amendment(s) answering all the questions received by the question due date. Potential Offerors are responsible for checking SAM.gov for issued Amendments to this

Combined Synopsis Solicitation.

CONTRACT MINIMUM/MAXIMUM VALUES: The guaranteed minimum amount for the life of the contract is $1,000. The maximum aggregate value of the contract, inclusive of the five, one-year ordering periods, shall not exceed $60,000. The Government will evaluate proposals for award purposes by adding the total price for all options to the total price for the basic requirement. The

Government may determine that a proposal is unacceptable if the option prices are significantly unbalanced or if the proposed price for the basic requirement or any option exceeds the amount of funding available for any of those requirements. Evaluation of options shall not obligate the

Government to exercise the option(s).

Task Orders may be executed any time during the term of the IDIQ; however, each task order shall not exceed twelve (12) months.

PAYMENT: All payments by the Government to the Contractor will be made in accordance with:

[X] 52.232-33, Payment by Electronic Funds Transfer – System for Award Management (OCT

2018)

Tungsten e-Invoice Setup Information: 1-877-489-6135

Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com mailto:VA.Registration@Tungsten-Network.com

INSTRUCTIONS TO QUOTERS: All prospective Quoters must be registered with the System for

Award Management (SAM) website and complete the Online Representations and Certifications at

SAM.gov prior to the solicitation close date, and prior to award. Failure to comply shall result in the

Quoter being considered ineligible.

Veteran Owned Small Business (SDVOSB) socio-economic category concerns MUST also have an active/current registration with SBA VetCert (https://veterans.certify.sba.gov/ ) prior to the solicitation close date and prior to award. Failure to comply shall result in the Quoter being considered ineligible.

QUOTATION FORMAT AND SUBMITTAL INFORMATION: Quotes must be submitted on company letterhead in Adobe pdf platforms and submitted by email to the individuals listed in the

Response to Request for Quotation (RFQ) section of this Combined Synopsis Solicitation. Quoters are hereby advised that any Quoter-imposed terms and conditions which deviate from the Government’s terms and conditions, may render the Quoter’s quote Unacceptable, and thus ineligible for award.

All quotes shall be submitted in three (3) different documents for each volume listed below. Each title shall include the appropriate Volume. The Volumes are as follows:

Volume A – Administrative

The Quoter shall include the following in Volume A:

• Legal Business/Company Name (as listed in SAM.gov)

• Business Mailing Address

• SAM Unique Entity ID (UEI)

• Point of Contact

• Telephone Number

• Email Address

• Signed and dated copy of each Amendment, if applicable. Failure to comply shall result in the Quoter being ineligible for award.

• Provide Completed copies of the following Provisions that are required to be submitted as part of the quote: (If already completed in SAM, provide a copy of SAM) Failure to comply shall result in the Offeror being ineligible for award.)

o FAR 52.204-24 Representations Regarding Certain Telecommunications and Video Surveillance Services or Equipment o FAR 52.229-11 Tax on Certain Foreign Procurements – Notice and Representation o FAR 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services o FAR 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals- Representation

Completed copy of VAAR 852.219-75 VA Notice of Limitations on Subcontracting - Certificate of Compliance for Services and Construction. Failure to comply shall result in the Quoter being ineligible for award.

*NOTE – It is the responsibility of the Quoter to ensure they have completed all other annual representations and certification provisions electronically in the System for Award Management

(SAM) accessed through https://sam.gov.

Volume B – Technical Proposal https://veterans.certify.sba.gov/

Quoter shall include the following in Volume B in accordance with the Technical Qualifications criteria listed in the Evaluation Process section of this combined synopsis solicitation:

• See FAR Provision 52.212-2 “Evaluation – Commercial Items

• Provide proof of Valid driver’s license / DOT CDL appropriate Licenses for delivery staff

Volume C – Pricing

Quoter shall include the following in Volume C:

• Proposed pricing shall be submitted on the included Price Schedule (Attachment B).

Contractor’s pricing shall include all labor, supervision, equipment, materials and supplies necessary to provide the required services at Fort Snelling National Cemetery.

RFQ QUESTIONS: All questions regarding this solicitation are to be submitted to the Contracting

Officer, via email, no later than May 16, 2025, by 11:00 a.m. (Eastern). All questions should be consolidated and sent via email to April.Graves@va.gov. No questions will be accepted after this time.

Telephone inquiries will not be accepted. Amendments will be issued to answer all questions that are submitted.

RESPONSE TO REQUEST FOR QUOTATION (RFQ): Quotes are due to the Contracting Officer no later than May 23, 2025 at 3:00PM, EST. Email responses to April.Graves@va.gov .

Responses to this announcement will result in an Indefinite Delivery Indefinite Quantity contract with a base plus four option years, if exercised. The Government intends to make award without discussions. It is the responsibility of the Quoter to submit their best pricing at the time quotes are due.

All information submitted in response to this announcement is voluntary and the Government will not pay for information provided nor will it compensate any respondent for any cost incurred in developing information provided for the Government. Quoters are responsible for obtaining any and all amendments or additional information concerning this announcement at SAM.gov. Failure to provide a signed amendment as part of the quotation submission will result in being considered ineligible.

EVALUATION PROCESS: Quotes will be evaluated using FAR Part 13 procedures and in accordance with the Addendum to FAR 52.212-2. The Government will award a single contract resulting from this Combined Synopsis/Solicitation to the responsible quoter with the Lowest Price

Technically Acceptable quote. This means that the Quoter with the lowest evaluated price, meeting or exceeding the acceptability standards for non-price factors will receive the award. The lowest price quote will be sent for technical review and if found technically acceptable, award will be made to that

Quoter, as long as the Quoter can be determined responsible. If the lowest priced quote is not found technically acceptable, then the next lowest quote will be sent for technical review.

This process will continue until a quotation is found technically acceptable.

Technical Criteria shall include:

1. List of products to be used that meet or exceed requirements outlined in the statement of work

2. Provide proof of Valid driver’s license / DOT CDL appropriate Licenses for delivery staff mailto:April.Graves@va.gov.

mailto:April.Graves@va.gov

Price: The proposed price will be evaluated for reasonableness. See Attachment B. The schedule price for each CLIN should be all-inclusive. Pricing shall be FOB Destination and in accordance with the Statement of Work and Terms and Conditions of this Combined Synopsis/Solicitation. It is the

Quoter’s responsibility to ensure they take this into consideration and pay their employees accordingly.

CONTRACT CLAUSES AND SOLICITATION PROVISIONS:

DIGNITY CLAUSE

Respect for Headstones and Markers in National Cemeteries

Handling of Markers and Headstones

Every action by contractor personnel at a national cemetery must be performed with the special care, reverence, dignity, and respect that acknowledges the cemetery as the final resting place that commemorates the service and sacrifice that service members, Veterans and their families made for our Nation. Critically important is the awareness required of the Contractor employees of the remains buried in the grounds where the work is performed. The utmost care must be given to these remains and the headstones and flat grave markers that mark those gravesites and memorialize the service of individuals.

a. Contractors cannot walk, stand, lean, sit or jump on headstones or markers. Nor can they drive over them.

b. No tools, equipment or other items will be placed or leaned on headstones or markers.

c. Use care not to scratch or damage markers in any manner.

d. Contractor shall be responsible for replacing damaged headstones and markers and for restoring turf damaged during performance of this work.

e. Additionally, should any activity result in the exposure and/or damage to any remains, container for remains (e.g., casket or urn), or outer burial container, the contractor must contact the COR, Director/Assistant Director, or Contracting Officer (CO) for guidance.

Any doubts as to proper procedures shall be brought to the attention of the COR, Director/Assistant

Director, or CO for guidance or resolution.

The contractor is required to discuss the guidance with employees and/or subcontractors.

(End of Clause)

Notice Regarding Deviation Feb 2025:

“System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include

52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and

Certifications—Commercial Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.”

52.212-4 Contract Terms and Conditions-Commercial Items (Nov 2023)

Addendum to FAR 52.212-4 Clauses in corporate by reference in numeric order starting with FAR and followed by VAAR.

The following solicitation clauses apply to this acquisition:

52.252-2 Clauses Incorporated by References (FEB 1998). The full text of FAR/VAAR clauses may be accessed electronically at:

https://www.acquisition.gov/browse/index/far http://www.va.gov/oal/library/vaar/

FAR 52.203-17 Contractor Employee Whistleblower Rights (Nov 2023)

FAR 52.204-9 Personal Identity Verification Of Contractor Personnel (Jan 2011)

FAR 52.204-13 System for Award Management Maintenance (Oct 2018)

FAR 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)

FAR 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

FAR 52.223-2 Reporting Biobased Products Under Service and Construction Contracts (May 2024)

(Deviation Feb 2025)

FAR 52.223-3 Hazardous Material Identification and Material Safety Data (Feb 2021)

FAR 52.223-5 Pollution Prevention and Right-to-Know Information (May 2024)

FAR 52.223-10 Waste Reduction Program (May 2024) (Deviation Feb 2025)

FAR 52.232-19 Availability of Funds for the Next Fiscal Year (APR 1984)

FAR 52.223-23 Sustainable Products and Services (May 2024) (Deviation Feb

2025)

FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)

VAAR 852.201-70 Contracting Officer’s Representative (Dec 2022)

VAAR 852.203-70 Commercial Advertising (May 2018)

VAAR 852.204-70 Personal Identity Verification Of Contractor Personnel ( May 2020)

VAAR 852.222-71 Compliance with Executive Order 13899(DEVIATION)(APR 2025)

VAAR 852.237-75 Key Personnel

VAAR 852.232-72 Electronic Submission of Payment Requests (Nov 2018)

End of Addendum to 52.212-4

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

Commercial Items (Oct 2019) (Deviation Feb 2025)

• Applicable Clauses within 52.212-5 are: (b)(3), (b)(4), (b)(5), (b)(9), (b)(12), (b)(18), (b)(23), (b)(24), (b)(29), (b)(31), (b)(34), (b)(36), (b)(38), (b)(39), (b)(40), (b)(41), (b)(46), (b)(51), (b)(55), (b)(59), (b)(63), (b)(64), (c)(1), (c)(2), (c)(3), (c)(7), and (c)(8).

FAR 52.216-18 Ordering (Aug 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the

Schedule. Such orders may be issued from 6/1/2025 date through 5/31/2030

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the

Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either— http://www.acquisition.gov/browse/index/far http://www.va.gov/oal/library/vaar/

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

FAR 52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,000 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $15,000;

(2) Any order for a combination of items in excess of $15,000; or

(3) A series of orders from the same ordering office within 7 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph

(b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the

Government may acquire the supplies or services from another source.

(End of clause)

FAR 52.216-22 Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the

Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 10/15/2030.

FAR 52.217-8 Option to Extend Services (Nov 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 30 days of the expiration date of the current period of performance.

FAR 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

30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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 5 years, 6 months.

852.219-75 VA Notice of Limitations on Subcontracting - Certificate of Compliance for Services and Construction.

As prescribed in 819.7011(b), insert the following clause:

VA Notice of Limitations on Subcontracting - Certificate of Compliance for Services and Construction (NOV

2022)

(a) Pursuant to 38 U.S.C. 8127(k)(2), the offeror certifies that -

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows: [Contracting Officer check the appropriate box below based on the predominant NAICS code assigned to the instant acquisition as set forth in

FAR 19.102.]

(i) □ Services. In the case of a contract for services (except construction), the contractor will not pay more than

50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in

852.219-73 or VOSBs as set forth in 852.219-74. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.

(ii) □ General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in

852.219-73or VOSBs as set forth in 852.219-74. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(iii) □ Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-73 or VOSBs as set forth in 852.219-74. Any work that a similarly situated subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(2) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States

Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(3) If VA determines that an SDVOSB/VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating section 1001 of title 18.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance with the limitations on subcontracting requirement. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the

Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror's bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification

I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].

Printed Name of Signee:

Printed Title of Signee:

Signature:

Date:

Company Name and Address:

VAAR 852.242-71 Administrative Contracting Officer (OCT

2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Clause)

FAR 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Sep 2023)

Addendum to FAR 52.212-1 List all provisions incorporated by reference in numeric order starting with FAR and followed by VAAR.

The following solicitation provisions apply to this acquisition:

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998). The full text of

FAR/VAAR Provisions may be accessed electronically at:

https://www.acquisition.gov/browse/index/far

FAR 52.204-7 System for Award Management (Oct 2018)

FAR 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020)

FAR 52.204-20 Predecessor of Offeror (Aug 2020)

FAR 52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial

Services (May 2024)

FAR 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals –

Representation (Dec 2016)

VAAR 852.252-70, Solicitation Provisions or Clauses Incorporated by Reference (Jan 2008)

• Applicable provisions within VAAR 852.252-70 are: FAR 52.212-3 and FAR 52.223-22.

End of addendum to 52.212-1 http://www.acquisition.gov/browse/index/far

FAR 52.204-24 Representation Regarding Certain Telecommunication and Video Surveillance

Services Or Equipment (Nov 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered

Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212- 3, Offeror Representations and Certifications-Commercial Products or Commercial Services.

The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain

Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for

Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for

Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for

Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the

Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services.

The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph

(b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or http://www.sam.gov/

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph

(b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

FAR 52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation And

Disclosures (Dec 2023)

(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition.

(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(c) Procedures. (1) The Offeror shall search for the phrase ‘‘FASCSA order’’ in the System for Award

Management (SAM)(https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204– http://www.sam.gov/

30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).

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

(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).

(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:

(1) Name of the product or service provided to the Government;

(2) Name of the covered article or source subject to a FASCSA order;

(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the

Offeror;

(4) Brand;

(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(6) Item description;

(7) Reason why the applicable covered article or the product or service is being provided or used;

(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.

Addendum to FAR 52.212-2 Evaluation – Commercial Products and Commercial Services (Nov 2021)

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:

• Price

• Technical Acceptability

• (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

• (c) 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.