Sol_1333MF25Q0092.pdf

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FD25-542 SEFSC Lawncare and Grounds Maintenance
Solicitation number
1333MF25Q0092
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This is a Combined Synopsis/Solicitation for NOAA Fisheries SEFSC Mississippi Laboratory Grounds Maintenance services. The solicitation is a total Small Business Set-Aside (NAICS code 561730, size standard $9.5M) for lawn care and landscaping services at multiple NOAA properties in Pascagoula, Mississippi. The contract includes a base year (09/26/2025 - 09/25/2026) with four 1-year option periods, with services to be performed three times per month from May through October and twice per month from November through April.

Key requirements include comprehensive grounds maintenance such as uniform grass mowing (maintaining 2.5-inch height), trimming around structures, edging walkways, removing debris, maintaining fence lines, and quarterly tree and shrub maintenance. The contractor must provide all labor, materials, and equipment, follow environmental protection standards, and comply with wage determination WD 2015-5147. Quotes are to be submitted electronically to amy.gilliland@noaa.gov by 09/20/2025, with monthly invoicing and pricing to be provided on the SF18 form or company letterhead. The government intends to award a trade-off, single firm fixed-price purchase order on an all-or-none basis with Net 30 payment terms.

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COMBINED SYNOPSIS/SOLICITATION

SEFSC MS Laboratory Grounds Maintenance 25-542

(i) 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 and in accordance with the simplified acquisition procedures authorized in FAR Part 13. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

(ii) This solicitation is issued as a request for quotation (RFQ). Submit written quotes on RFQ Number 1333MF25Q0092.

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-03 (Jan 2025) (Deviation 2025-07) (May 2025).

(iv) This solicitation is being issued as a total Small Business Set-Aside. The associated NAICS code is 561730. The small business size standard is $9.5M.

(v) This combined solicitation/synopsis is for purchase of the following commercial services:

See the Line Items on the attached SF18 and the attached Statement of Work for the Base and 4 options periods information for the Lawn Care and Landscaping services at the Panama City Laboratory in Florida.

(vi) Description of requirements is as follows:

See attached Statement of Work which applies to Base Year and all Option Years 1 – 4, and Department of Labor Wage Rates: WD 2015-5147, Revision No. 27, dated Jul, 08, 2025, which can be found on:

https://sam.gov/content/wage-determinations

INVOICES TO BE BILLED MONTHLY IN ARREARS. PROVIDE MONTHLY AND ANNUAL

PRICING FOR EACH BASE AND OPTION YEAR. QUOTE PRICING MAY BE PROVIDED ON

ATTACHED SF18 FORM OR ON COMPANY LETTERHEAD.

(vii) Date(s) and place(s) of delivery and acceptance:

Period of performance shall be:

Base Year: 09/26/2025 - 09/25/2026 Option Period 1: 09/26/2026 - 09/25/2027 Option Period 2: 09/26/2027 - 09/25/2028 Option Period 3: 09/26/2028 - 09/25/2029 Option Period 4: 09/26/2029 - 09/25/2030

Place of Performance is:

Services shall be performed at the following NOAA properties:

- 3209 Frederic Street, Pascagoula, MS

- 202 Delmas Avenue, Pascagoula, MS

- 151 Watts Avenue, Pascagoula, MS

- Unnamed/undeveloped parcel bordered by Delmas Avenue, Watts Avenue, Anchor Street, and the NOAA port complex..

(viii) FAR provision 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services (Sept 2023), applies to this acquisition and can be found on the Request for Quote form SF18 attachment.

(ix) FAR provision 52.212-2, Evaluation-Commercial Products and Commercial Services (Nov 2021), applies to this acquisition and can be found on the Request for Quote form SF18 attachment.

https://sam.gov/content/wage-determinations https://www.acquisition.gov/far/part-52#FAR_52_212_1 https://www.acquisition.gov/far/part-52#FAR_52_212_2

(x) FAR provision 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services (May 2024) (Deviation 2025-02) (Deviation 2025-03) (Feb 2025), applies to this acquisition and can be found on the Request for Quote form SF18 attachment. Offerors are advised to include a completed copy of the provision with its offer, unless the offeror’s Reps & Certs section on SAM.gov is accurate and current.

Per Deviation 2025-02/03: 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, including 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation, and paragraph (t) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. 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.

(xi) FAR clause at 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023), applies to this acquisition and can be found on the Request for Quote form SF18 attachment.

(xii) FAR clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Jan 2025) (Deviation 2025-02) (Deviation 2025-03) (Feb 2025), applies to this acquisition and can be found in full text on the Request for Quote form SF18 attachment.

(xiii) Any additional contract requirement(s) or terms and conditions that apply can be found on the Request for Quote form SF18 attachment.

(xiv) Defense Priorities and Allocations System (DPAS) and assigned rating does not apply.

(xv) Quotes are required to be received in the contracting office no later than the date marked on Block 10 of the SF18. All quotes must be submitted electronically via email to amy.gilliland@noaa.gov.

(xvi) Any questions regarding this solicitation should be submitted electronically via email to amy.gilliland@noaa.gov.

UTILIZATION OF FEDCONNECT® FOR CONTRACT ADMINISTRATION

The Department of Commerce will utilize the FedConnect® web portal in administering this award. The contractor must be registered in FedConnect® and have access to the FedConnect® website located at https://www.fedconnect.net/Fedconnect/. For assistance in registering or for other FedConnect® questions please call the FedConnect® Help Desk at (800) 899-6665 or email at support@fedconnect.net.

There is no charge for registration in or use of FedConnect®.

(End)

1352.215-72 Inquiries (Apr 2010)

OFFERORS MUST SUBMIT ALL QUESTIONS CONCERNING THIS SOLICITATION IN WRITING

VIA EMAIL TO amy.gilliland@noaa.gov. QUESTIONS SHOULD BE RECEIVED NO LATER THAN 3 days before posting close date. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract.

(End of clause) https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_212_4 https://www.acquisition.gov/far/part-52#FAR_52_212_5

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)

A site visit is highly recommended but not required. In no event shall failure to inspect the site constitute grounds for a claim after contract award. Please contact RAFAEL ORTIZ (601) 568-2506 to set up a time to visit the site. All questions during the site visit should be submitted electronically to amy.gilliland@noaa.gov.

THE GOVERNMENT DOES NOT ACCEPT RESPONSIBILITY FOR NON-RECEIPT OF

QUOTES. IT IS THE CONTRACTOR’S RESPONSIBILITY TO REQUEST AND RECEIVE A

CONFIRMATION OF THE QUOTE RECEIPT.

FAR 52.212-2 Evaluation- Commercial Products and Commercial Services (Nov 2021) Offers will be evaluated based on price and the factors set forth in paragraph (a).

(a) 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. Paragraph (a) is hereby completed as follows: Evaluation will be based on the following pass/fail criteria;

1. Technical Acceptability/Capability.

Quote shall include a statement demonstrating the offeror’s capability to perform the required scope of work, including relevant experience for the same or similar services within the past two years and the offeror’s understanding of the requirement. The statement must not be a reiteration of the Statement of Work. Failure to address the full requirements of the Statement of Work will be considered a fail and the quote will not be accepted.

2. Past Performance.

The offeror's past performance on related contracts will be evaluated to determine, as appropriate, successful performance of contract requirements, quality and timeliness of delivery of goods and services, cost management, communications between contracting parties, proactive management and customer satisfaction. The Government will use its discretion to determine the sources of past performance information used in the evaluation, and the information may be obtained from references provided by the Offeror, the agency’s knowledge of Offeror performance, other government agencies or commercial entities, or past performance databases, and will be based on responsiveness, quality, and customer services.

3. Price.

The proposed prices/costs will be evaluated. The cost evaluation will determine whether the proposed costs are realistic, complete, and reasonable in relation to the solicitation requirements.

Proposed costs must be entirely compatible with the technical approach.

The Government intends to award a trade-off, single firm fixed-price purchase order on an all or none basis with payment terms of Net 30.

(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.

(End of provision)

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDE

15. DATE OF QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

b. TELEPHONE

AREA CODE

NUMBER

STANDARD FORM 18 (REV. 6/1995)

Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

8. TO:

b. COMPANYa. NAME

c. STREET ADDRESS

d. CITY e. STATE f. ZIP CODE

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

d. STATE e. ZIP CODE

7. DELIVERY

FOB DESTINATION

OTHER

(See Schedule)

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)

IMPORTANT: This is a request for information and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NUMBER

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER

a. NAME OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

PAGE OF PAGES

1. REQUEST NUMBER 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NUMBER 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG. 1

RATING

5a. ISSUED BY 6. DELIVER BY (Date)

NAME TELEPHONE NUMBER

AREA CODE NUMBER

c. CITY

5b. FOR INFORMATION CALL (NO COLLECT CALLS)

3209 FREDERIC STREET

F/SEC3

NMFS Field Delegates

601 EAST 12TH STREET SUITE 1746

KANSAS CITY MO 64106

143031-25-01541333MF25Q0092

AMY GILLILAND

USDC/NOAA/NMFS

39567

09/10/2025

09/20/2025 1700 CD

PASCAGOULA

MS

Period of Performance: 09/26/2025 to

09/25/2026

1 54

1333MF25Q0092 BASE

Section II - Supplies or Services and Price/Costs Section III - Description/Specifications Section IX - Contract Clauses Section X - List of Attachments

Section II - Supplies or Services and Price/Costs

CLIN List

Item Number Description Quantity Unit Unit Price Amount

NOTICE: THE GOVERNMENT DOES NOT

ACCEPT RESPONSIBILITY FOR NON-RECEIPT

OF QUOTES. IT IS THE CONTRACTOR’S

RESPONSIBILITY TO REQUEST A

CONFIRMATION OF THE QUOTE RECEIPT.

UNIQUE ENTITY ID ______________________

CAGE CODE ____________

OFFEROR MAY SUBMIT THE QUOTE ON THIS

SF-18 FORM OR THEIR OWN COMPANY

FORM.

QUOTES WILL BE EVALUATED BASED ON FAR

52.212-2 IN ATTACHED CLAUSES &

PROVISIONS. VENDORS WHO DO NOT

PROVIDE ALL EVALUATION CRITERIA WILL

NOT BE ACCEPTED.

THE OFFEROR MUST BE CURRENTLY

REGISTERED IN THE SYSTEM FOR AWARD

MANAGEMENT (SAM) TO BE ELIGIBLE FOR AN

AWARD.

QUOTES RECEIVED FROM CONTRACTORS

WHO ARE NOT ACTIVE IN SAM WILL NOT BE

CONSIDERED.

TOTAL SMALL BUSINESS SET-ASIDE, FIRM-

FIXED PRICE PURCHASE ORDER TO BE

AWARDED TO LOW PRICED, TECHNICALLY

ACCEPTABLE QUOTE.

PROVIDE CERTIFICATES OR SELF-

CERTIFICATION THAT THE PRODUCTS WHICH

WILL BE UTILIZED IN THE TASKS OF THE

SCOPE OF WORK WILL BE GREEN

ENVIRONMENTAL PER THE FAR CLAUSES

LISTED.

WAGE DETERMINATION 2015-5147 REV 27

DATED 7/08/2025 IS APPLICABLE TO THIS

RFQ.

Item Number Description Quantity Unit Unit Price Amount

LAWNCARE AND GROUNDS MAINTENANCE IN

ACCORDANCE WITH THE SOW.

Award Type: Firm-fixed-price Requisition No: 143031-25-0154

ADDITIONAL/MISCELLANEOUS LAWN CARE

SERVICE OUTSIDE OF REGULAR SCHEDULE

SERVICE.

Award Type: Firm-fixed-price Requisition No: 143031-25-0154

Option Year 01 LAWNCARE AND GROUNDS

MAINTENANCE IN ACCORDANCE WITH THE

SOW.

Award Type: Firm-fixed-price

(Option Line Item)

Option Year 01 ADDITIONAL/MISCELLANEOUS

LAWN CARE SERVICE OUTSIDE OF REGULAR

SCHEDULE SERVICE.

Award Type: Firm-fixed-price

(Option Line Item)

Option Year 02 LAWNCARE AND GROUNDS

MAINTENANCE IN ACCORDANCE WITH THE

SOW.

Award Type: Firm-fixed-price

(Option Line Item)

Option Year 02 ADDITIONAL/MISCELLANEOUS

LAWN CARE SERVICE OUTSIDE OF REGULAR

SCHEDULE SERVICE.

Award Type: Firm-fixed-price

(Option Line Item)

Option Year 03 LAWNCARE AND GROUNDS

MAINTENANCE IN ACCORDANCE WITH THE

SOW.

Award Type: Firm-fixed-price

(Option Line Item)

Option Year 03 ADDITIONAL/MISCELLANEOUS

LAWN CARE SERVICE OUTSIDE OF REGULAR

SCHEDULE SERVICE.

Award Type: Firm-fixed-price

Item Number Description Quantity Unit Unit Price Amount

(Option Line Item)

Option Year 04 LAWNCARE AND GROUNDS

MAINTENANCE IN ACCORDANCE WITH THE

SOW.

Award Type: Firm-fixed-price

(Option Line Item)

Option Year 04 ADDITIONAL/MISCELLANEOUS

LAWN CARE SERVICE OUTSIDE OF REGULAR

SCHEDULE SERVICE.

Award Type: Firm-fixed-price

(Option Line Item)

Section III - Description/Specifications

SOW Statement of Work

National Oceanic and Atmospheric Administration (NOAA)

NOAA FISHERIES

SEFSC/OMI

MISSISSIPPI LABORATORY GROUNDS MAINTENANCE

I. Background/Overview:

The NOAA Mississippi Laboratory requires comprehensive grounds maintenance services to maintain a clean, safe, and visually appealing environment that supports NOAA Fisheries’ operational mission.

Proper grounds upkeep ensures safety, protects government property, supports stormwater management, and enhances the public image of NOAA facilities. This requirement aligns with NOAA’s statutory mission under the Magnuson–Stevens Fishery Conservation and Management Act (16 U.S.C.

1801 et seq.) by maintaining facilities that support fishery monitoring and research.

II. Scope of Work The Contractor shall furnish all labor, materials, equipment, supervision, and incidentals necessary to perform complete grounds maintenance services at the NOAA Mississippi Laboratory’s designated properties. Services include general lawn care, tree, palmetto, and shrub maintenance, debris and trash removal, and weed and brush control to maintain the facilities in a neat, orderly, and safe condition.

III. Tasks Task 1 – General Lawn Care

- Mow all turf and grassy areas uniformly to maintain grass height no less than 2.5 inches.

- Trim and remove weeds and grass around all structures and site features, including poles, signposts, trees, concrete pads, light fixtures, fences, gates, building foundations, and other fixed objects.

- Edge all walkways, sidewalks, driveways, curbs, and paved areas to maintain crisp, clean lines.

- Remove all lawn clippings, trimmings, and debris from paved surfaces immediately following each service.

- Keep sidewalks, walkways, entrances, ramps, steps, signage, flag poles, lighting fixtures, and exterior furnishings free of grass clippings, dirt, and debris.

- Remove and control vegetation on structures. Routinely inspect all buildings and other structures within the designated grounds and cut back or remove any vines or other vegetation growing on or directly against them to prevent damage and maintain a clean, well-kept appearance.

- Collect and dispose of all accumulated trash, litter, and natural debris (fallen branches, leaves) from the grounds during each visit.

- Maintain perimeter fence lines clear of weeds and brush growth for at least 24 inches on both interior and exterior sides.

- Maintain cracks and joints in asphalt and concrete areas (up to 12 inches from edges) in a weed-free condition.

- For the undeveloped parcel bordered by Delmas Avenue, Watts Avenue, Anchor Street, and the NOAA port complex, clear overgrown brush, tall weeds, and volunteer trees as needed to maintain clear access to fence lines and prevent encroachment on developed areas.

Task 2 – Tree, Palmetto, and Shrub Maintenance

- Perform quarterly trimming and pruning of all trees, palmettos, shrubs, and ornamental bushes to promote healthy growth, prevent overgrowth, and maintain clearance for pedestrians and vehicles.

- Remove dead or damaged branches, trim low-hanging limbs obstructing pathways, and shape shrubs and palmettos to maintain a uniform, well-kept appearance.

- Dispose of all trimmings and debris offsite in accordance with local regulations.

- Notify the Contracting Officer’s Representative (COR) immediately upon discovery of hazardous tree conditions, diseases, or pest infestations.

Task 3 – General Standards and Restrictions

- Avoid damaging turf, landscaping, trees, shrubs, fences, structures, or other government property.

- Contractor shall not spill or improperly dispose of fuel, oil, chemicals, or hazardous substances on NOAA property.

- Use all herbicides, pesticides, and chemicals in strict compliance with Federal, State, and local laws, and follow best management practices for environmental protection.

IV. Period of Performance The base period of performance shall be 09/26/2025 – 09/25/2026, with 4 options for additional years subject to the availability of funds and continued requirement.

V. Place of Performance Services shall be performed at the following NOAA properties:

- 3209 Frederic Street, Pascagoula, MS

- 202 Delmas Avenue, Pascagoula, MS

- 151 Watts Avenue, Pascagoula, MS

- Unnamed/undeveloped parcel bordered by Delmas Avenue, Watts Avenue, Anchor Street, and the NOAA port complex.

VI. Deliverable Schedule Deliverable Description Quantity/Media Completion Due Date

Routine Maintenance

Routine mowing, trimming, edging, debris removal As required

3 TIMES PER MONTH

FROM: MAY 1ST THRU

OCTOBER 31ST.

2 TIMES PER MONTH

FROM: NOVEMBER 1ST

THRU APRIL 30TH.

Quarterly Maintenance

Quarterly tree, palmetto, and shrub maintenance All locations Once per quarter

Brush Clearing Undeveloped parcel brush clearing As required Minimum quarterly, as needed

VII. Government-Furnished Resources The Government will not furnish any facilities, equipment, or supplies to the Contractor. The Contractor shall provide all labor, tools, and materials necessary to complete the required services.

Services Contractor will work primarily: On-Site Services Contractor requires access to NOAA facilities: Not Required Services Contractor requires a PIV or CAC: Not Required Services Contractor requires a NOAA email address: Not Required Services Contractor requires use of DOC-Owned IT equipment (laptop or desktop computer) Not Required

Services Contractor requires non-Government IT equipment to Not Required connect to a DOC network:

VIII. Security Requirements This project is considered low risk. No special security clearance is required beyond standard exterior facility access.

IX. Applicable Standards Contractor shall comply with all applicable Federal, State, and local environmental protection standards, OSHA requirements, and industry best practices for grounds maintenance.

X. Special Requirements

a. Confidentiality and Data Privacy

This contract may require that services contractors have access to Privacy Information. Services contractors are responsible for maintaining confidentiality of all subjects and materials and may be required to sign and adhere to a Non-disclosure Agreement (NDA).

b. Intellectual Property Rights All deliverables are the property of the U.S. Government. All documents, analyses, files (digital or other), reports, notes and photos are to be used only by Contractor personnel assigned to this purchase order.

Documents, files and other data are to be stored exclusively on Government owned equipment and at no point should be saved or archived on personal drives or devices. Copies are not to be disseminated to anyone outside of the NMFS or to any other contractor personnel without explicit release from the Government.

c. IT Security The contractor will not require access to Federal Buildings, DOC Systems and includes an IT component.

XI. Inclusion of Clause 52.217-8 (Mandatory for services, do not remove) Inclusion of FAR clause 52.217-8, Option to Extend Services, in the solicitation and resultant contract is for use by the Government as outlined at FAR 37.111, Extension of Services. The option will be exercised as needed at any time during the life of the contract using the rates applicable at the time of exercise.

XII. Required Knowledge and Experience:

The Contractor shall have demonstrated experience and qualifications in providing commercial grounds maintenance services for multi-acre facilities, including tree and shrub care, weed control, and safe herbicide use in compliance with environmental standards.

Section IX - Contract Clauses

Clauses Incorporated by Reference Clause Number Clause Title

52.223-2

REPORTING OF BIOBASED PRODUCTS UNDER SERVICE

AND CONSTRUCTION CONTRACTS (MAY 2024)

(DEVIATION FEB 2025)

52.223-10 WASTE REDUCTION PROGRAM (MAY 2024) (DEVIATION

FEB 2025)

52.204-7 System for Award Management. (NOV 2024)

52.204-9 Personal Identity Verification of Contractor Personnel.

(JAN 2011)

52.204-16 Commercial and Government Entity Code Reporting.

(AUG 2020)

52.204-17 Ownership or Control of Offeror. (AUG 2020)

52.204-26 Covered Telecommunications Equipment or Services- Representation. (OCT 2020)

52.204-29 Federal Acquisition Supply Chain Security Act Orders- Representation and Disclosures. (DEC 2023)

52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services. (NOV 2023)

52.223-3 Hazardous Material Identification and Material Safety Data. (FEB 2021)

52.223-5 Pollution Prevention and Right-to-Know Information.

(MAY 2024)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation. (APR 1984)

1352.201-70 Contracting Officer's Authority. (MAR 2010) 1352.209-73 Compliance with the laws. (APR 2010) 1352.209-74 Organizational conflict of interest. (APR 2010)

Standard Language UTILIZATION OF FEDCONNECT FOR CONTRACT ADMINISTRATION

The Department of Commerce will utilize the FedConnect® web portal in administering this award. The contractor must be registered in FedConnect® and have access to the FedConnect® website located at https://www.fedconnect.net/Fedconnect/. For assistance in registering or for other FedConnect® questions please call the FedConnect® Help Desk at (800) 899-6665 or email at support@fedconnect.net. There is no charge for registration in or use of FedConnect®.

FAR 52.204-24 Representation Regarding Certain Telecommunications 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 and 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) Representations. The Offeror represents that-

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

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

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

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

(i) For covered equipment-

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

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

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services-

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

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

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

(i) For covered equipment-

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

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

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

(ii) For covered services-

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

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

(End of provision)

FAR 52.208-9 Contractor Use of Mandatory Sources of Supply or Services. (MAY 2014)

(a) Certain supplies or services to be provided under this contract for use by the Government are required by law to be obtained from nonprofit agencies participating in the program operated by the Committee for Purchase From People Who Are Blind or Severely Disabled (the Committee) under 41 U.S.C. 8504. Additionally, certain of these supplies are available from the Defense Logistics Agency (DLA), the General Services Administration (GSA), or the Department of Veterans Affairs (VA). The Contractor shall obtain mandatory supplies or services to be provided for Government use under this contract from the specific sources indicated in the contract schedule.

(b) The Contractor shall immediately notify the Contracting Officer if a mandatory source is unable to provide the supplies or services by the time required, or if the quality of supplies or services provided by the mandatory source is unsatisfactory. The Contractor shall not purchase the supplies or services from other sources until the Contracting Officer has notified the Contractor that the Committee or an AbilityOne central nonprofit agency has authorized purchase from other sources.

(c) Price and delivery information for the mandatory supplies is available from the Contracting Officer for the supplies obtained through the DLA/GSA/VA distribution facilities. For mandatory supplies or services that are not available from DLA/GSA/VA, price and delivery information is available from the appropriate central nonprofit agency. Payments shall be made directly to the source making delivery. Points of contact for AbilityOne central nonprofit agencies are:

(1) National Industries for the Blind, 1310 Braddock Place, Alexandria, VA 22314-1691,

(703) 310-0500; and

(2) NISH, 8401 Old Courthouse Road, Vienna, VA 22182, (571) 226-4660.

(End of clause)

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

(a) North American Industry Classification System (NAICS) code and small business size standard.

The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition-

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show-

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers. (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of Federal specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the address in paragraph (i)(1)(i) of this provision.

(2) Most unclassified Defense specifications and standards may be downloaded from the ASSIST website at https://assist.dla.mil.

(3) Defense documents not available from the ASSIST website may be requested from the Defense Standardization Program Office by-

(i) Using the ASSIST feedback module (https://assist.dla.mil/feedback); or

(ii) Contacting the Defense Standardization Program Office by telephone at 571- 767-6688 or email at assisthelp@dla.mil.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable.

The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) [Reserved]

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

FAR 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services. (MAY 2024)

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

(a) Definitions. As used in this provision-

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

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service-

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

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

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

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

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

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

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