Sol_140D0425Q0074.pdf

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REQUEST FOR

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INVITATION

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10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

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12/02/2024 1700 ES

11/21/2024

703-914-3712Irma Nanatovich (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140D0425Q0074

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 133 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

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Herndon VA 20170 Suite 2000A 381 Elden Street Acquisition Services Directorate

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2. CONTRACT NO.

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Interior Business Center, AQD

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WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

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UNIT PRICE

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UNIT

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QUANTITY

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SCHEDULE OF SUPPLIES/SERVICES

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ITEM NO.

ADMINISTERED BY:

Interior Business Center, AQD Acquisition Services Directorate 381 Elden Street Suite 2000A Herndon VA 20170 USA The U.S. Department of the Interior, Appraisal and Valuation Services office, requirement for market valuation and appraisal report services for Williamette Valley Conservation Area Tract (14).

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

Morgan Schickler

. YOUR OFFER ON SOLICITATION (BLOCK 5),

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AND 52.212-5 ARE ATTACHED. ADDENDA

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OFFER

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STANDARD FORM 1449 (REV. 11/2021) BACK

24.

AMOUNT

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UNIT PRICE

22.

UNIT

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SCHEDULE OF SUPPLIES/SERVICES

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133 2 of

United States Department of the Interior

INTERIOR BUSINESS CENTER

Washington, DC 20240

TABLE OF CONTENTS

INSTRUCTIONS TO OFFEROR’S

TECHNICAL QUALIFICATION FOR REQUIREMENT

EVALUATION OF QUOTATIONS

SUBMISSION OF QUOTE

STATEMENT OF WORK (SOW)

CONTRACT CLAUSES

52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.204-13 System for Award Management Maintenance. (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.204-27 Prohibition on a ByteDance Covered Application (Jun 2023) 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (Nov 2023) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.204-30 Federal Acquisition Supply Chain Security Act Orders—Prohibition (Dec 2023) …….…..14 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Products and Commercial Services (Nov 2024)…………………………………..17

52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026. DEVIATION (Oct 2023)………………………………………………………………………………………...……24 DIAR 1452.201-70 Authorities and delegations (Sep 2011)……………………………………28 DOI-AAAP-0028 Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (Feb 2021)

CONTRACT PROVISIONS

52.252-1 Solicitation Provisions Incorporated by Reference. (Feb 1998) 52.204-7 System for Award Management (Nov 2024) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.204-22 Alternative Line-Item Proposal (Jan 2017) 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Sep 2023) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) 52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures (Dec 2023)…………………………………………………………………………………………. …33 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (May 2024)

ATTACHMENTS…………………………………………………………….………………...……..48

Exhibit 1. - Appraisal Site Map Exhibit 2. - Assessor’s Map Exhibit 3. - Assessor’s Property Summary Exhibit 4. - Legal Description_draft Exhibit 5. - Preliminary Title Report Exhibit 6. - Land Surveyor Report Exhibit 7. - Modification of POA - Final Order Exhibit 8. - Modification of POA - Detail Exhibit 9. - UASFLA Review Checklist Exhibit 10. - Best Value Evaluation Criteria

Solicitation Document No.

140D0425Q0074

Document Title Willamette Valley Conservation Area Tract (14)

INSTRUCTIONS TO OFFERORS:

PROPERTY DESCRIPTION

The Department of the Interior (DOI)/Interior Business Center (IBC), Acquisition Services Directorate (AQD) on behalf of the Appraisal & Valuation Services Office (AVSO) is issuing a request for quotation for an appraisal report for:

AVIS Project Number: F240195, Case Name: Willamette Valley Conservation Area Tract (14) Located at 7908 Boedigheimer Road SE, near the City of Sublimity, Marion County, Oregon.

SOLICITATION/AWARD PROCEDURES

This Request for Quote (RFQ) is issued in accordance with the Federal Acquisition Regulation (FAR) Part 12 - Acquisition of Commercial Products and Commercial Services and FAR Part 13 - Simplified Acquisition Procedures.

ANTICIPATED AWARD TYPE

• Total Small Business Set-Aside

• NAICS Code: 531320; for Offices of Real Estate Appraisers.

• PSC: R411; Support-Professional: Real Property Appraisals

• Type of Contract: Firm-Fixed-Price (FFP)

SERVICE AND SUPPLIES

Requirements are provided in the Statement of Work (Page 5).

DELIVERY/PERIOD OF PERFORMANCE

The target period of performance 144 calendar days from the date of the Purchase Order (PO) award.

The initial appraisal target date is 90 calendar days from the date of award. If the target delivery dates are not achievable, then the contractor may provide justification (workload, etc.) and propose an alternative delivery date. See Section 6: Performance/Deliverable Requirements specified SOW.

LINE-ITEM PRICING

CLIN

No. Appraisal Service Description Total Price

00010 AVIS Case Name: Willamette Valley Conservation Area Tract (14)

Agency Case Number: 00225417 AVI Project Number: F240195

As a FFP requirement, the pricing within an offeror’s quotation shall reflect the cost to perform the assignment to include but not limited to any travel, fees, Government discounts granted.

GENERAL REQUIREMENTS

Cover letter no more than one (1) page that includes:

• Tax Identification Number (TIN)

• Unique Entity Identifier (UEI) *UEI replaced DUNS on April 4, 2022

• Complete Business Mailing Address

• Contact Name

• Contact Phone

• Contact Email Address

• Quotation Date

Document Title

• Quotation Expiration date (60 days)

TECHNICAL QUALIFICATION FOR REQUIREMENT

The appraiser’s bid proposals must specifically follow the format for each evaluation criteria item below, in addition to providing their appraisal qualifications.

1. State Certification

The appraiser must hold a current certified general appraiser license from the State of Oregon, as demonstrated by a copy of their State Licensing Certificate.

2. Technical Acceptability

a. Experience for Assignment: Both geographical competency and technical competency will be considered. The contractor shall provide a standard Appraiser's Statement of Qualifications and a signed proposal letter that describes and attests to the following:

i. Identify experience appraising similar rural and agricultural properties in Marion County.

ii. Identify years of appraisal experience as a Certified General Appraiser, professional affiliations, and designations. A designation from a recognized professional appraisal organization will be considered, but is not required. If applicable, please submit a copy of the relevant documentation.

iii. The appraiser must have prepared UASFLA-compliant appraisal reports reviewed and approved for federal agency use within the preceding five years, or submit an appraisal work product for AVSO examination.

iv. State whether a UASFLA 2016 (6th Edition) course or seminar has been completed within the past five years.

b. Qualifications of Associate Appraisers: Any associates expected to contribute to the appraisal must be identified in the proposal. A statement of qualifications and copy of license or permit must be provided for each individual. Those qualifications will be considered in the evaluation of proposals, with emphasis on professional designations and license, years of appraisal experience, and the extent of education applicable to the appraisal of this property type. An expanded description of these qualifications for any key associates is recommended and may be included in the proposal. No other associates may work on the project without prior written authorization from the AVSO Review Appraiser. The appraisal report must detail specific contribution(s) of all individuals, other than the signer(s). If the contractor does not list anyone else as providing assistance, it is expected that the proposal is with the contractor completing 100 percent of the research, analysis and writing.

c. Sub-contracting of this appraisal assignment is not permissible.

3. Past Performance Submit a list of UASFLA-compliant appraisal reports prepared in the last five (5) years that were reviewed and approved for federal agency use. Include property type, general location, agency, contact information, etc. Consideration will be given to whether the prior

Document Title performance of the appraiser included corrective reviews, report rejections, and/or significant corrections in appraisals prepared for the government over the past three years.

4. Delivery/Inspection Date

The bidder must indicate the target date or timeframe for delivery of the initial appraisal report to the AVSO Review Appraiser. Early delivery is preferable (within 90 days). The proposal may include alternatives for either standard or expedited delivery.

5. Price Quote

a. The Quoter must provide a firm-fixed price quote with any and all discounts applied for all the work to complete the assignment described in the Statement of Work (SOW).

b. The appraisal fee shall be commensurate with the location and complexity of the assignment.

c. The appraisal contract may or may not be awarded to the lowest bidder.

d. Price quotes will be evaluated for completeness and reasonableness.

EVALUATION OF QUOTATIONS

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

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. Award of this Purchase Order will be made on a Best Value/Trade Off basis.

• The following factors shall be used to evaluate offers:

1. State Certification

2. Technical Capabilities

3. Past Performance

4. Delivery Date

5. Price Quote

State Certification, Technical Capabilities, Past Performance, and Delivery Date when combined, are more important than the Price Quote.

(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)

Document Title

Further past performance determinations in federal contracting shall be made through a review of relevant information listed within the System of Award Management (SAM) and the Contractor Performance Assessment Reporting System (CPARS).

All offerors are required to have an active Unique Entity Identifier (UEI) and be registered in www.SAM.gov prior to submission of quotation. **Note, the UEI replaced the DUNS number on April 4, 2022.

**SUBMISSION OF INTENT**

The Contractor is requested to notify Morgan Schickler, Contracting Officer, at Morgan_schickler@ibc.doi.gov and Irma Nanatovich, Contract Specialist II (Contractor), via email at irma_nanatovich@ibc.doi.gov of their intent to submit a quote on this order on or before 5:00 PM Eastern Time, November 24, 2024. All submissions shall reference “Quote – 140D0425Q0074” included in the subject line.

SUBMISSION OF QUESTIONS

Submissions of Questions to this RFQ shall be sent via email to Morgan Schickler, Contracting Officer, at Morgan_schickler@ibc.doi.gov and Irma Nanatovich, Contract Specialist II (Contractor), at irma_nanatovich@ibc.doi.gov on or before 5:00 PM Eastern Time, November 24, 2024. All submissions shall reference “Quote - 140D0425Q0074” and include in the subject line.

SUBMISSION OF QUOTE

Submissions of Quote to this RFQ shall be sent to Morgan Schickler, Contracting Officer, at Morgan_schickler@ibc.doi.gov and Irma Nanatovich, Contract Specialist II (Contractor), at irma_nanatovich@ibc.doi.gov on or before 5:00 PM Eastern Time, December 2, 2024. All submissions shall reference “Quote - 140D0425Q0074” and include in the subject line.

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http://www.sam.gov/ mailto:Morgan_schickler@ibc.doi.gov mailto:irma_nanatovich@ibc.doi.gov mailto:Morgan_schickler@ibc.doi.gov mailto:irma_nanatovich@ibc.doi.gov mailto:Morgan_schickler@ibc.doi.gov mailto:irma_nanatovich@ibc.doi.gov

Document Title

UNITED STATES DEPARTMENT OF THE INTERIOR

OFFICE OF THE SECRETARY

Appraisal and Valuation Services Office

APPRAISAL STATEMENT OF WORK

Section 1: Case Properties AVIS Project Number: F240195 Agency Case Number: 00225417 Client Agency: U.S. Fish and Wildlife Service Case Name: Willamette Valley Conservation Area Tract (14) Realty Action: Partial Acquisition Applicable Authority: Fish and Wildlife Act of 1956 (16 U.S.C. §§ 742a, et seq).

Requested Service: Appraisal Funding Source: Land and Water Conservation Fund Funding Method: Interior Business Center, Acquisition Services Directorate

Section 2: Subject of the Appraisal Proposed Acquisition: The U.S. Fish and Wildlife Service proposes to acquire a 58.98-acre portion of the 70.0-acre property located at 7908 Boedigheimer Road SE, near the City of Sublimity, Marion County, Oregon. The parent tract is identified as Tax Lot 1200 on Marion County Assessor’s Map Number 081W26. Boundaries of the parent tract include Triumph Road SE on the north, Triumph Road SE and Boedigheimer Road SE on the west, and privately-owned tracts to the south and east. The northeasterly portion of the property is bisected by a BPA transmission line easement and the southerly portion of the property is bisected by a 20-foot right-of-way easement in favor of adjoining property owners. The proposed acquisition generally consists of that portion north of the 20-foot right-of-way.

Property Description: The parent tract includes a Certified Organic farm producing fruit, vegetables, and livestock.

According to Marion County Assessor’s records, improvements of the parent tract include a 2,492-square-foot residence, two general purpose buildings, a loft barn, and a solar array. Most of the improvements are situated to the south of the right-of-way on the remainder, but some minor outbuildings appear to be located on the north side of the right-of-way within the acquisition area. The contributory value of the improvements must be fully analyzed within the appraisal report.

Legal Description of Proposed Acquisition:

The proposed acquisition is situated in Township 8 South, Range 1 West, Willamette Meridian, Marion County, Oregon. A full legal description has been prepared by the U.S. Fish and Wildlife Service Land Surveyor is attached as Exhibit 6.

Document Title

1 Uniform Appraisal Standards for Federal Land Acquisitions 6th Edition, Section 1.2.3 at page 10.

2 Uniform Appraisal Standards for Federal Land Acquisitions 6th Edition, Section 1.2. 4 at page 10.

A legal description of the parent tract is included within the Preliminary Title Report prepared by Tricor Title, dated March 12, 2024 (Exhibit 5).

Property Rights Appraised: Before Acquisition: Fee simple estate, subject to encumbrances and reservations of record as described in the Preliminary Title Report prepared by Tricor Title dated March 12, 2024.

After Acquisition: Fee simple estate, subject to existing encumbrances and reservations affecting the remainder property.

Access: Physical and legal access to the parent tract is provided by Triumph Road SE and Boedigheimer Road SE (also known as County Roads 953 and 878, respectively).

The information above is for informational purposes only. The access characteristics of the subject property must be thoroughly researched and analyzed by the appraiser, including market reaction thereto.

Water Rights: According to Oregon Water Resources Department online water rights information, about 51 acres of the site my be irrigated with groundwater under Registration Application GR-881 (Certificate of Registration GR- 885). Details regarding this water right may be found in Exhibits 7 and 8.

In January 2022, a groundwater permit application was submitted requesting to irrigate 15 additional acres (Application F12948), but the application is still under review with no estimate of when the initial review will be completed.

This information is provided for informational purposes only. The water rights must be thoroughly researched and analyzed by the appraiser, including market reaction thereto. To assist in said research, a Water Rights Memorandum is being prepared by the U.S. Fish and Wildlife Service and will be provided after contract award.

Section 3: Appraisal Problem Identification Client: Appraisal and Valuation Services Office (AVSO) Intended Users: Appraisal and Valuation Services Office (AVSO)

U.S. Fish and Wildlife Service

Intended Use: To assist the client agency in its determination of the amount to be paid as just compensation for the property rights acquired or conveyed.1

Type of Value: Market Value Definition of Market Value: Market value is the amount in cash, or on terms reasonably equivalent to cash, for which in all probability the property would have sold on the effective date of value, after a reasonable exposure time on the open competitive market, from a willing and reasonably knowledgeable seller to a willing and reasonably knowledgeable buyer, with neither acting under any compulsion to buy or sell, giving due consideration to all available economic uses of the property.2

Document Title

Effective Date: The date of the last property inspection.

In rare instances when the date of the property inspection varies significantly from the date the appraiser concludes his market research and analysis, it may be appropriate to use the latter as the effective date of value. If the appraiser determines the date of value should be other than the date of the final inspection, he/she must contact the AVSO Review Appraiser.

Section 4: Assignment Conditions Applicable Standards: USPAP, 2024 Edition

UASFLA 6th Edition

Extraordinary Assumptions: The property owners are involved in two current lawsuits in the Marion County Circuit Court. Marion County Circuit Court Case 21CV16894 is related to the use of the 20-foot roadway easement bisecting the property in favor of adjoining owners, while Case 23CV06912 pertains to a breach of contract against a title company for failure to defend the plaintiffs from claims arising from Case 21CV16894.

In April 2024, the Circuit Court of Marion County issued a Limited Judgement in Case 21CV16894 declaring that there is a right of way easement over the driveway bisecting the property in favor of an adjoining owner and the owners of the subject property are the owners of the property upon which said driveway is located. A copy of the Limited Judgement will be provided following contract award. Because the court action is still pending, the appraiser may utilize an extraordinary assumption that the April 2024 Limited Judgement is correct and will be upheld. Additionally, the defendant in Case 23CV06912 has offered to settle and negotiations are underway with resolution expected by October 23, 2024. Therefore, the appraiser may also utilize an extraordinary assumption that this case will be resolved prior to conveyance of the property.

If the appraiser determines that any other extraordinary assumption is required, he/she must contact the AVSO Review Appraiser.

Legal Instructions: None.

Hypothetical Conditions: None.

If the appraiser determines that any hypothetical conditions are required, he/she must contact the AVSO Review Appraiser to request legal instruction.

Jurisdictional Exceptions: A jurisdictional exception to USPAP Standards Rule 1-2(c) is required for appraisals for federal acquisitions—i.e., appraisals applying the federal definition of market value—to ensure the opinion of value can be used as a reliable measure of just compensation under the Fifth Amendment to the U.S. Constitution. Therefore, the appraiser must include the following statement:

Document Title

• The appraisal was developed, and the appraisal report prepared in conformance with the Appraisal Standards Board’s Uniform Standards of Professional Appraisal Practice and complies with USPAP’s Jurisdictional Exception Rule when invoked by Section 1.2.

7.2 of the Uniform Appraisal Standards for Federal Land Acquisitions.

Pre-Work Meeting: A pre-work meeting, scheduled by the Review Appraiser at a mutually acceptable time and place, must precede the appraiser’s scope of work determination.

This meeting should include the agency, the private property owner, and/or other stakeholders, to provide transparency with respect to the process, to exchange vital information, and to assign tasks as necessary.

Property Inspection: In compliance with applicable standards.

The appraiser will schedule the property inspection as soon as practicable, providing the review appraiser adequate notice of the date of the inspection to allow the review appraiser and U.S. FWS representative to attend the inspection.

Contacting Landowners: Under the Uniform Act, the owner or the owner’s designated representative must be given an opportunity to accompany the acquiring agency’s appraiser during the appraiser’s inspection of the property (UASFLA 1.2.6.4).

Larger Parcel: The appraiser must make a larger parcel determination in every appraisal developed under these Standards (UASFLA 1.4.6 at page 24).

Special Instructions: None.

Section 5: Additional Assignment Conditions

1. The AVSO Statement of Work (SOW), and other assignment instructions must be included in the addenda to the appraisal report.

2. The appraisal development must substantially conform to the process described in Section 1 of the Uniform Appraisal Standards for Federal Land Acquisitions 6th Edition.

3. The appraisal report should substantially conform to the sequence and content described in Section 2 of the Uniform Appraisal Standards for Federal Land Acquisitions 6th Edition.

4. The property contains resource assets. It is therefore particularly important to understand the unit rule. Section

1.10.1 of the 6th Edition of UASFLA states “Property must be valued as a whole for federal acquisition purposes, with due consideration of all of the components that make up its value. Its constituent parts are considered only in light of how they enhance or diminish the value of the whole, with care being exercised to avoid so-called cumulative or summation appraisals. Accordingly, it is improper to estimate the value of the surface of the property, add to it a valuation of the minerals or other resource such as water or timber (as estimated by a separate expert), and thereby conclude an opinion of total market value for the property.”

5. The appraisal must include color photographs of all comparable sales from a terrestrial point of view, unless granted a waiver by the AVSO Review Appraiser in writing to use aerial photographs or satellite imagery, in which case the appraiser should cite the source and date of the aerial photographs.

Document Title

3 Uniform Appraisal Standards for Federal Land Acquisitions 6th Edition, Section 1.5.2.2, p 26.

4 Ibid, Footnote 133, p 66.

5 Must be digitally signed, prohibiting content changes but allowing content copying.

6. All comparable sales must be confirmed by the buyer, seller, broker, or other person having knowledge of the price, terms, and conditions of sale.3 The appraisal should include contact information for the party or parties relied upon to verify each sale (i.e. telephone number, email, etc.), along with maps clearly showing the location of the subject relative to the comparable property. It is important that the locations of the comparable sales and the subject property are shown on the same map so that a reader of the report who may not be familiar with the area can understand the relative proximity of the properties and locate them in the field.4

7. The appraisal report will be reviewed for compliance with the Uniform Standards of Professional Appraisal Practice, the Uniform Appraisal Standards for Federal Land Acquisitions 6th Edition, and the terms of this Statement of Work. The appraiser must provide explanation, clarification, and/or modification, for any inadequacies identified by the review appraiser, before AVSO will accept an appraisal report.

8. While the public is not an intended user of the appraisal report, the Freedom of Information Act (FOIA) and Agency policy may result in the release of all or part of the appraisal report to others.

9. If the appraiser encounters any intractable questions of fact, law, or appraisal methodology requiring resolution, the appraiser must contact the Review Appraiser for direction.

Section 6: Performance/Deliverable Requirements Appraisal Consultation: Before determining an opinion of value, the appraiser must reach concurrence with the Review Appraiser regarding the Highest and Best Use and Larger Parcel determinations.

Draft Appraisal Report Due: Please provide a realistic date or number of days to delivery of the initial appraisal report to the AVSO Review Appraiser (ex. 90 days). Expedited delivery is preferable. The proposal may include alternatives for either standard or expedited delivery.

Review & Comments Provided: Any request for revisions or corrections will be provided within 14 calendar days of receipt of the initial appraisal report.

Final Appraisal Edits Provided: The necessary revisions or corrections must be provided within 10 calendar days of receipt of the requests for revisions.

Deliverables: The appraiser will deliver a final PDF Digital Report5 and no signed paper copies to the AVSO review appraiser.

The AVSO review appraiser will inform the appraiser when the review process is complete.

Invoice Submission and Payment 60 days after Final Appraisal Report acceptance by the Government

Closeout 60 days after final payment

Please note: The final invoice/request for payment is not to be submitted until the AVSO reviewer is in receipt of the final copy of the appraisal report and has notified the appraiser that the contract is complete.

Any adjustments to the above Deliverable/Task Schedule shall be submitted to the Contracting Officer (CO).

The Contracting Officer will approve or reject the request by email.

Section 7: Attachments

Document Title

END OF STATEMENT OF WORK

Exhibits Provided with SOW: 1) Appraisal Site Map

2) Assessor’s Map

3) Assessor’s Property Summary

4) Legal Description_draft

5) Preliminary Title Report

6) Land Surveyor Report

7) Modification of POA – Final Order

8) Modification of POA - Detail

9) UASFLA Review Checklist

10) Best Value Evaluation Criteria

Exhibits to be Provided After Award: 11) Case 21CV16894 Limited Judgement

12) Case Status Letter

13) Permission to Inspect and Appraise

14) Case Contacts

Document Title

CONTRACT CLAUSES

FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov

FAR Clauses Incorporated by Reference:

Clause Title Date 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 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services Nov 2023 FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors Mar 2023

(End of clause)

FAR CLAUSES INCORPORATED BY FULL TEXT

FAR 52.204-30 Federal Acquisition Supply Chain Security Act Orders—Prohibition (Dec 2023)

(a) Definitions. As used in this clause—

Covered article, as defined in 41 U.S.C. 4713(k), means—

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain

Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201–1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

https://www.acquisition.gov/ https://www.govinfo.gov/link/uscode/41/4713 https://www.govinfo.gov/link/uscode/40/11101 https://www.govinfo.gov/link/uscode/47/153 https://www.ecfr.gov/current/title-32/part-2002 https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(d) https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(e) https://www.govinfo.gov/link/uscode/50/3003

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(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast

Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or

(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of any covered articles, or any products or services produced or provided by a source.

This applies when the covered article or the source is subject to an applicable FASCSA order. A reasonable inquiry excludes the need to include an internal or third-party audit.

Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.

Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.

Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.

(b) Prohibition.

(1) Unless an applicable waiver has been issued by the issuing official, Contractors shall not provide or use as part of the performance of the contract 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 orders as follows:

(i) For solicitations and contracts awarded by a Department of Defense contracting office, DoD FASCSA orders apply.

(ii) For all other solicitations and contracts DHS FASCSA orders apply.

(2) The Contractor shall search for the phrase “FASCSA order” in the System for Award

Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders identified in paragraph (b)(1).

(3) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the solicitation and resultant contract.

https://www.govinfo.gov/link/uscode/44/3552 https://www.sam.gov/

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(4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an amendment to the solicitation or modification to the contract (see FAR 4.2304(c)). However, see paragraph (c) of this clause.

(5)

(i) If the contractor wishes to ask for a waiver of the requirements of a new FASCSA order being applied through modification, then the Contractor shall disclose the following:

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

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

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

(D) Brand;

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

(F) Item description;

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

(ii) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (b)(5)(i) to determine if any waiver is warranted. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise covered by a FASCSA order and to instead pursue other appropriate action.

(c) Notice and reporting requirement.

(1) During contract performance, the Contractor shall review SAM.gov at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s), or for products or services produced by a source subject to FASCSA order(s) not currently identified under paragraph (b) of this clause.

(2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the Contractor shall conduct a reasonable inquiry to identify whether a covered article or product or service produced or provided by a source subject to the FASCSA order(s) was provided to the Government or used during contract performance.

(3)

(i) The Contractor shall submit a report to the contracting office as identified in paragraph

(c)(3)(ii) of this clause, if the Contractor identifies, including through any notification by a subcontractor at any tier, that a covered article or product or service produced or provided by a source was provided to the Government or used during contract performance and is subject to a FASCSA order(s) identified in paragraph (b) of this clause, or a new FASCSA order identified in paragraph (c)(2) of this clause. For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order.

(ii) If a report is required to be submitted to a contracting office under (c)(3)(i) of this clause, the Contractor shall submit the report as follows:

(A) If a Department of Defense contracting office, the Contractor shall report to the website at https://dibnet.dod.mil.

(B) For all other contracting offices, the Contractor shall report to the Contracting Officer.

(4) The Contractor shall report the following information for each covered article or each product or service produced or provided by a source, where the covered article or source is subject to a FASCSA order, pursuant to paragraph (c)(3)(i) of this clause:

(i) Within 3 business days from the date of such identification or notification:

(A) Contract number;

(B) Order number(s), if applicable;

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(C) Name of the product or service provided to the Government or used during performance of the contract;

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

(E) 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 Contractor;

(F) Brand;

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

(H) Item description; and

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

(ii) Within 10 business days of submitting the information in paragraph (c)(4)(i) of this clause:

(A) Any further available information about mitigation actions undertaken or recommended.

(B) In addition, the Contractor shall describe the efforts it undertook to prevent submission or use of the covered article or the product or service produced or provided by a source subject to an applicable FASCSA order, and any additional efforts that will be incorporated to prevent future submission or use of the covered article or the product or service produced or provided by a source that is subject to an applicable FASCSA order.

(d) Removal. For Federal Supply Schedules, Governmentwide acquisition contracts, multi-agency contracts or any other procurement instrument intended for use by multiple agencies, upon notification from the Contracting Officer, during the performance of the contract, the contractor shall promptly make any necessary changes or modifications to remove any product or service produced or provided by a source that is subject to an applicable FASCSA order.

(e) Subcontracts.

(1) The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (c)(1) of this clause, in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products and commercial services.

(2) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the contract and any subcontracts and other contractual instruments under the contract. The Contractor or higher-tier subcontractor shall notify their subcontractors, and suppliers under other contractual instruments, that the FASCSA orders in the solicitation that are not in SAM apply to the contract and all subcontracts.

FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (Nov 2024)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

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(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31

U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-

78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

__ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (6) [Reserved].

__ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) (Pub. L. 115–390, title

II).

__ (11)

(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) (Pub. L.

115–390, title II).

__ (ii) Alternate I (Dec 2023) of 52.204-30.

__ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).

__ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (14) [Reserved].

__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).

(16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (17) [Reserved] _X_ (18)

(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (19) https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3801&num=0&edition=prelim https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4655&num=0&edition=prelim https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/52.203-17#FAR_52_203_17 https://www.acquisition.gov/far/52.203-17#FAR_52_203_17 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4712&num=0&edition=prelim https://www.acquisition.gov/far/3.900#FAR_3_900 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.204-14#FAR_52_204_14 https://www.acquisition.gov/far/52.204-14#FAR_52_204_14 https://www.acquisition.gov/far/52.204-15#FAR_52_204_15 https://www.acquisition.gov/far/52.204-15#FAR_52_204_15 https://www.acquisition.gov/far/52.204-27#FAR_52_204_27 https://www.acquisition.gov/far/52.204-27#FAR_52_204_27 https://www.acquisition.gov/far/52.204-28#FAR_52_204_28 https://www.acquisition.gov/far/52.204-28#FAR_52_204_28 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30…