Sol_140D0425R0070.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

D51

HERNDON VA 20170

Suite 2000A

381 ELDEN STREET

IBC, AQD, Dv5, Br1, VA

CODE 16. ADMINISTERED BYCODE

X

X

X

238210

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORD51

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

07/14/2025 0900 ED

06/12/2025

0000000000Jonathan Chisholm (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140D0425R0070

5. SOLICITATION NUMBER

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

1 2 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

Herndon VA 20170 Suite 2000A 381 Elden Street

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$19

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

IBC,AQD,Dv5,Br1,VA

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

This request for proposals is seeking vendor proposals for the establishment of an indefinite delivery/indefinite quantity contract for the procurement of enterprise building control system installation services at multiple United States Army Reserve facilities. Please see the request for proposals document and its supporting attachments for further details. Thank you.

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REFERENCE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

2 2 of

June 12th, 2025

Combined Synopsis/Solicitation Request for Proposal (RFP) # 140D0425R0070

Department of Interior (DOI), Interior Business Center (IBC), Acquisition Services Directorate (AQD) Single-Award Indefinite-Delivery Indefinite-Quantity (IDIQ) Contract

For Enterprise Building Control System Services

This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation;

proposals are being requested and a separate written solicitation will not be issued. This solicitation document incorporates provisions and clauses are those in effect through Federal Acquisition Circular 2025-03.

This Request for Proposal (RFP) is issued under full and open competition after exclusion of sources. This procurement is set-aside for small businesses. Only proposals submitted by small business concerns will be accepted by the government. Any proposal that is submitted by an offeror that is not a small business concern will not be considered for award. The North American Industry Classification System (NAICS) code is 561210 – Facilities Support Services with a small business size standard of $47.0 million. The Product Service Code is N059 Installation of Equipment – Electrical and Electronic Equipment Components.

This solicitation includes the following attachments:

Attachment A – EBCS Performance Work Statement (PWS) Attachment B - EBCS Technical Design Guide Attachment C - Past Performance Questionnaire (PPQ-0) Attachment D – Quality Assurance Surveillance Plan Attachment E – Potential Work Locations Attachment F – Section 508 Compliance Attachment G – Draft Task Order 1 Statement of Work (SOW) Attachment H – Appendix B Draft Task Order 1 Work Locations

The Government requests a proposal in response to the attached PWS. See Section 5, below, regarding the Proposal Requirements. Any proposal that is non-compliant with any requested submission requirements of this RFP may immediately be removed from further consideration.

The Government reserves the right to cancel this solicitation without award if the needs of the requirement are not met. Furthermore, the Government reserves the right to issue a single award or no awards at all, depending on the quality of the proposals and the continued existence of the requirement. This RFP does not commit the Government to pay for the preparation and submission of a proposal.

This section will include a cover sheet. This cover sheet will include the information listed below in letters A – O:

A. Name of Company B. Address C. City, state, zip code D. SAM Unique Identification Number E. Socioeconomic status F. Points of contact (primary and alternate) G. Telephone number H. Email address I. Solicitation number J. Date of proposal K. Name of any subcontractors and their socioeconomic status, if applicable L. Prompt payment terms M. Acknowledgement and acceptance for any amendments issued.

N. Names and contact information of persons authorized to negotiate on the company’s behalf O. A statement that the proposal expires no sooner than 180 days after submission

Volume I, Section 2: SAM Registration

This section will include evidence of the Offeror’s current System of Award Management (SAM) database registration. A screenshot of the Offeror’s SAM registration page is acceptable evidence. All Offeror’s must be registered in SAM to receive Government contracts. If an Offeror’s SAM account will expire before the award date, it is the Offeror’s responsibility to ensure that its account is active at time of award. The successful Offeror will need to ensure that SAM remains active under the IDIQ and its orders through final payment.

Please note: 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. Agencies will not consider or use these representations. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

Volume I, Section 3: Representations and Certifications

This solicitation contains the following provisions that each Offeror must complete and return with its proposal submission:

• FAR 52.204-24 – Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

• FAR 52.212-3 – Offeror Representations and Certifications-Commercial Products and Commercial Services (May 2024)(Deviation Feb 2025)

Alternatively, vendors may provide a statement that these provisions were completed as part of their SAM Registration.

Volume I, Section 4: Technical Assumptions

Offerors shall indicate, in this section only, if any technical-related assumptions have been made, conditions have been stipulated or exceptions have been taken with the PWS, as written. If technical assumptions are not noted in this volume and this section of the proposal, it will be assumed that the Offeror’s proposal reflects no technical assumptions for award and the offeror agrees to comply with all of the terms and conditions set forth herein. Any technical-related assumptions listed in any other volume or section will be null and void.

The Offeror is advised that any assumptions/exceptions taken to the terms and conditions of the RFP may adversely impact its evaluation. Any assumptions/exceptions that are considered unacceptable by the Government and cannot be resolved may result in the Offeror being removed from further consideration.

Volume I, Section 5: Factor 1 - Technical Capabilities and Approach

The Technical Volume must address topics and requirements specified in the Performance Work Statement (PWS) by outlining how the vendor intends to complete each respective task.

Repeating a PWS requirement, or simply stating that a task can be met, without any specific details is not considered sufficient to demonstrate a technical capability.

In order for the submission to be evaluated strictly on the merit of the technical quotation, no cost or pricing information shall be included in the Technical Volume.

Volume I, Section 6: Factor 2 - Past Performance

Offerors shall provide up to three (3) examples of projects similar in that are recent and relevant to the required tasks in the PWS within the last five (5) years from RFP issuance. In accordance with FAR 15.305(a)(2), the recency and relevance of the information, source of the information, context of the data, and general trends in an offeror’s performance will be considered. There are three aspects to the past performance evaluation: recency, relevancy (including context of data), and quality (including general trends in an offeror’s performance and source of information). All three aspects shall be considered for each of the Offeror’s demonstrated recent and relevant record of performance on the projects submitted as part of a proposal.

The PPQ form (Form PPQ-0) to be used is provided as Attachment C of this solicitation. A sample cover letter to accompany the PPQ and instructions for completing the PPQ is also included. Ensure correct phone numbers and email addresses are provided for the project reference.

Recent projects are considered those projects which were performed within the last five (5) years from RFP issuance date. Past performance information that fails this condition will not be evaluated. For projects which are not 100% complete, the offeror shall provide the estimated completion date and briefly summarize the remaining activities.

If use of a subcontractor(s) is being proposed, information will be provided so the government can review the overall planned arrangement’s abilities under this factor. If subcontractors’ and/or joint venture partners’ past performance is being proffered, offerors will clearly state the portion of the effort that party will be performing if offeror is awarded a contract.

For each project, Offerors and/or subcontractors shall submit the PPQ form to the reference and request that the form be completed and returned to the Offeror before the closing date of the solicitation. PPQs may be submitted directly from the reference to the Contracting Officer using the following e-mail address: jonathan chisholm@ibc.doi.gov

The only information in the email subject line MUST be the solicitation number 140D0425R0070. NOTE: All PPQs submitted directly to the Contracting Officer must be received no later than the date and time specified for of proposals. Offerors will not incorporate PPQs by reference into their proposals or use PPQs previously submitted for other Solicitations. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation.

The Government may contact and interview the customer’s representative on the PPQ and reserves the right to interview other individuals acting for the customer’s representative, if the customer’s representative is not available.

At no time during this process, during the debriefing, or after award, will the names of the individuals providing reference information directly to the Government about an Offeror’s past performance be revealed to the Offeror unless required by law or regulation.

(b) CAGE Codes and SAM Unique Identification Number (UEI)

The offeror will provide the CAGE Codes and SAM UEI numbers for the Offeror and/or subcontractor(s). This information will be used by the Government to access past performance information in the Contractor Performance Assessment Reports System (CPARS).

Volume II: Factor 3 – Price

The proposal will include the following:

Binding Rate Schedule

The Offeror will provide an unlocked Excel Compatible Spreadsheet that provides its labor rates and core product list that constitute the IDIQ. Offerors should include their best pricing as there may not be another opportunity to offer further reductions. The Government reserves its right to request other than cost and pricing data if there is not adequate competition, additional information is needed to understand the development of the price for an item, or to determine that the award, and its orders will be a fair and reasonable price.

Pricing Explanation and Assumptions

Offerors will indicate, in this section only, if any price-related assumptions have been made, conditions have been stipulated or exceptions have been taken with the PWS, as written. If not noted in this volume of the proposal, it will be assumed that the proposal reflects no price assumptions for award and agrees to comply with all of the terms and conditions set-forth herein. It is not the responsibility of the Government to seek out and identify assumptions, conditions, deviations, or exceptions buried within the Proposal. Accordingly, any price-related assumptions listed in any other volume or section will be null and void. The Offeror is advised that any assumptions/exceptions taken to the terms and conditions of the RFP may adversely impact its evaluation rating. Any assumptions/exceptions that are considered unacceptable by the Government and cannot be resolved may result in the Offeror being removed from further consideration.

Due to the ID/IQ pricing only including the service and product rates that will be used to develop orders, vendors are asked to submit a plan outlining how they will minimize any travel costs that would be passed on to the Government as either part of an overall firm fixed price task order rate or via a reimbursable travel line item. Enclosed as part of this order, is a draft task order (see Attachments G and H), that represents how the Government intends to structure task orders under the ID/IQ to help offerors identify means to potentially reduce overall costs.

The Government recognizes that the items within the Binding Rate Schedule or Labor Rates listed may not be applicable to the Service Contract Act due to them being “professional” and requiring specialized knowledge and a level of proficiency causing them to be exempt per 29 CFR Part 541.3. However, it is the Offeror’s responsibility to determine whether the SCA applies to this contract. If the Offeror has determined that any of the Binding Rate Schedule or Labor Rates are subject to the Service Contract Labor Standards, the Offeror will stipulate which Binding Rate Schedule or Labor Categories is relevant with the appropriate county and state for the Wage Determination. Any labor category noted as covered by the Service Contract Labor Standards will be subject to FAR 52.222-41, 52.222-42, 52.222-43, 52.222-55, and 52.222-62 and those clauses will be incorporated into the IDIQ. A wage determination will be incorporated in each affected order.

5. EVALUATION OF OFFERORS - BASIS FOR AWARD

It is the Government’s intent to award a single-award IDIQ using the procedures in FAR 12.6 to the responsible Offeror whose proposal, in conforming to the RFP, provides the overall best value to the Government considering non-price factors and price. The Government may reject a proposal that is evaluated to be non-compliant with the solicitation requirements and remove it from further consideration for award.

The Government reserves the right to make an award to other than the lowest priced Offeror or to the Offeror with a higher rating if the Contracting Officer determines that to do so would result in the best value to the Government. The Government will conduct a trade-off comparative analysis of technical factors and price. The Government reserves the right to make award without discussions. The Government reserves the right to conduct discussions, if the

Contracting Officer determines them to be necessary. In the event discussions are held, a competitive range determination will be made and will be comprised of all the most highly rated proposals IAW 15.306(c). The Contracting Officer may also further limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals, pursuant to FAR 15.306(c)(2).

The proposal will be evaluated in accordance with the below evaluation criteria. For each of the factors below, the Government will determine the overall likelihood of success and any potential risk associated with the proposal.

6. EVALUATION FACTORS:

The Government will determine which proposal provides the best value to the Government, the non-price evaluation factors listed below are more important than price. The non-price Factors 1 and 2 are of approximately equal importance.

The Offeror’s submission will be evaluated in accordance with the following evaluation criteria:

Factor 1: Technical Capabilities and Approach Factor 2: Past Performance Factor 3: Price

Factor 1: Technical Capabilities and Approach

The Government will evaluate the Offeror’s proposal to determine the likelihood of success and risk of failure associated with their proposed solution to meet the requirements stated in the PWS and will assign a rating to the non-price factors.

As part of the Technical Volume, all vendors must clearly demonstrate that they have Tridium Niagara N4 Transmission Control Protocol (TCP) certification as a minimum requirement.

Evaluation preference may be given to vendors that possess Niagara Modules Reflow Certification and Niagara N4 Advanced certification. From an experience perspective, vendors should demonstrate experience with enterprise-level building control systems exceeding 100 connected Java Application Control Engines (JACE), experience integrating to Niagara Supervisor servers, and experience implementing Niagara Analytics. Vendors should also demonstrate experience in field-level controls work including troubleshooting control systems, integrating multiple common protocols (Local Operating Network, BACnet, Modbus), and migrating proprietary controls platforms (Trane, Johnson Controls, etc.) to Niagara.

Factor 2: Past Performance

In accordance with FAR 15.305(a)(2), the recency and relevance of the information, source of the information, context of the data, and general trends in an offeror’s performance will be considered. There are three aspects to the past performance evaluation: recency, relevancy (including context of data), and quality (including general trends in an offeror’s performance and source of information). All three aspects shall be considered for each of the Offeror’s demonstrated recent and relevant record of performance on the projects submitted as part of a proposal.

The first aspect is Recency. Recentness, as it pertains to past performance information, is a measure of time that has elapsed since the past performance reference occurred. In reviewing each past performance effort by the Offeror, the Government will first evaluate the recentness of the Offeror’s past performance. Recent projects are considered those projects which were performed within the last five (5) years from RFP issuance date. Past performance information that fails this condition will not be evaluated.

The second aspect is to determine the relevance of recent projects. In determining relevancy for the projects submitted, consideration will be given to projects within the general dollar value and scope of this requirement, and the portion of the effort completed by the Offeror, joint venture, or subcontractor whose contract is being reviewed and evaluated. The past performance information provided in the proposal and obtained from other sources will be used to establish the degree of relevancy of past performance.

The third aspect of the past performance evaluation is to establish the overall quality of the Offeror’s past performance. The Government will review the recent and relevant past performance information collected and determine the quality of the Offeror’s performance, general trends, and usefulness of the information and incorporate these into the performance confidence assessment.

The PPQ and CPARS are the primary sources of information on past performance; however, the Government reserves the right to consider past performance information from other sources. The Past Performance evaluation considers each Offeror’s demonstrated recent and relevant record of performance. Absent any recent and relevant past performance history, the offeror will not be evaluated either favorably or unfavorably on performance confidence.

In addition to the PPQs, the Government will review past performance information retrieved through CPARS using all the CAGE/SAM UEI numbers of the offeror and subcontractor(s) identified in the proposal whose past performance is being relied. CPARs are considered recent if they are not greater than five (5) years from the closing of the RFP.

Factor 3: Price

Price will not be scored or rated. The Government will evaluate the proposed labor rates, product list pricing, and plan to minimize travel costs to determine price fair and reasonableness as part of the best value determination in accordance with the procedures of FAR 15.404-1(b).

The Government reserves the right to conduct price realism analysis if the Contracting Officer determines it is necessary.

7. SOLICITATION PROVISIONS

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation Jan 2017

52.204-7 System for Award Management Oct 2018 52.204-16 Commercial and Government Entity Code Reporting Aug 2020 52.204-17 Ownership or Control of Offeror Aug 2020 52.204-22 Alternative Line Item Proposal Jan 2017

52.207-6 Solicitation of Offers from Small Business Concerns and Small Business Teaming Arrangements or Joint Ventures (Multiple- Award Contracts)

Aug 2024

52.212-1 Instructions to Offerors – Commercial Products and Commercial Services Sep 2023

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

May 2024 (Deviation Feb 2025)

52.217-5 Evaluation of Options July 1990 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan Oct 2020

52.229-11 Tax on Certain Foreign Procurements—Notice and Representation Jun 2020

52.229-12 Tax on Certain Foreign Procurements Feb 2021

(End of provision)

Provisions incorporated by full text

FAR 52.252-5 – Authorized Deviations in Provisions (Nov 2020)

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

(b) The use in this solicitation of any Department of the Interior Acquisition Regulation (48 CFR Chapter 14) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of Provision)

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

(a) Definitions. As used in this provision—

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

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

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

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

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

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

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

(e) Disclosures.

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

(i) For covered equipment—

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

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

and item description, as applicable); and

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

(ii) For covered services—

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

(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.

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

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

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

(c) Procedures.

(1) The Offeror shall search for the phrase “FASCSA order” in the System for Award Management (SAM)( https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

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

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

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

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

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

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

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

(4) Brand;

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

(6) Item description;

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

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

FAR 52.209-7 Information Regarding Responsibility Matters (Oct 2018)

(a)Definitions. As used in this provision—

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means—

(1)The total value of all current, active contracts and grants, including all priced options; and

(2)The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b)The offeror □ has □ does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c)If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1)Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i)In a criminal proceeding, a conviction.

(ii)In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii)In an administrative proceeding, a finding of fault and liability that results in–

(A)The payment of a monetary fine or penalty of $5,000 or more; or

(B)The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv)In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2)If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d)The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

DAIR 1452.215-71 Use and Disclosure of Proposal Information - Department of the Interior.

(a) Definitions. For the purposes of this provision and the Freedom of Information Act (5 U.S.C.

552), the following terms shall have the meaning set forth below:

(1) “Trade Secret” means an unpatented, secret, commercially valuable plan, appliance, formula, or process, which is used for making, preparing, compounding, treating or processing articles or materials which are trade commodities.

(2) “Confidential commercial or financial information” means any business information (other than trade secrets) which is exempt from the mandatory disclosure requirement of the Freedom of Information Act, 5 U.S.C. 552. Exemptions from mandatory disclosure which may be applicable to business information contained in proposals include exemption (4), which covers “commercial and financial information obtained from a person and privileged or confidential,” and exemption (9), which covers “geological and geophysical information, including maps, concerning wells.”

(b) If the offeror, or its subcontractor(s), believes that the proposal contains trade secrets or confidential commercial or financial information exempt from disclosure under the Freedom of

Information Act, (5 U.S.C. 552), the cover page of each copy of the proposal shall be marked with the following legend:

“The information specifically identified on pages ____________ of this proposal constitutes trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act. The offeror requests that this information not be disclosed to the public, except as may be required by law. The offeror also requests that this information not be used in whole or part by the government for any purpose other than to evaluate the proposal, except that if a contract is awarded to the offeror as a result of or in connection with the submission of the proposal, the Government shall have the right to use the information to the extent provided in the contract.”

(c) The offeror shall also specifically identify trade secret information and confidential commercial and financial information on the pages of the proposal on which it appears and shall mark each such page with the following legend:

“This page contains trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act and which is subject to the legend contained on the cover page of this proposal.”

(d) Information in a proposal identified by an offeror as trade secret information or confidential commercial and financial information shall be used by the Government only for the purpose of evaluating the proposal, except that (i) if a contract is awarded to the offeror as a result of or in connection with submission of the proposal, the Government shall have the right to use the information as provided in the contract, and (ii) if the same information is obtained from another source without restriction it may be used without restriction.

(e) If a request under the Freedom of Information Act seeks access to information in a proposal identified as trade secret information or confidential commercial and financial information, full consideration will be given to the offeror's view that the information constitutes trade secrets or confidential commercial or financial information. The offeror will also be promptly notified of the request and given an opportunity to provide additional evidence and argument in support of its position, unless administratively unfeasible to do so. If it is determined that information claimed by the offeror to be trade secret information or confidential commercial or financial information is not exempt from disclosure under the Freedom of Information Act, the offeror will be notified of this determination prior to disclosure of the information.

(f) The Government assumes no liability for the disclosure or use of information contained in a proposal if not marked in accordance with paragraphs (b) and (c) of this provision. If a request under the Freedom of Information Act is made for information in a proposal not marked in accordance with paragraphs (b) and (c) of this provision, the offeror concerned shall be promptly notified of the request and given an opportunity to provide its position to the Government.

However, failure of an offeror to mark information contained in a proposal as trade secret information or confidential commercial or financial information will be treated by the Government as evidence that the information is not exempt from disclosure under the Freedom of Information Act, absent a showing that the failure to mark was due to unusual or extenuating circumstances, such as a showing that the offeror had intended to mark, but that markings were omitted from the offeror's proposal due to clerical error.

DIAR 1452.233-2 – Service of Protest Department of the Interior (Jul 1996) (Deviation)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Jonathan Chisholm Contracting Officer Acquisition Services Directorate jonathan_chisholm@ibc.doi.gov

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(c) A copy of the protest served on the Contracting Officer shall be simultaneously furnished by the protester to the Department of the Interior Assistant Solicitor, Acquisitions and Intellectual Property, 1849 C Street, NW, Room 6511, Washington, DC 20240.

(End of Provision)

8. CONTRACT CLAUSES

These clauses will flow down to all orders issued against this contract.

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 address:

Federal Acquisition Regulation (FAR): https://www.acquisition.gov/far Department of the Interior Acquisition Regulation (DIAR): https://www.acquisition.gov/diar

(End of Clause)

FAR 52.252-6 Authorized Deviations in Clauses (Nov 2020)

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

(b) The use in this solicitation or contract of any Department of the Interior Acquisition Regulation (48 CFR Chapter 14) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of Clause)

252.223-7008 Prohibition of Hexavalent Chromium Jan 2023

252.225-7012 Preference for Certain Domestic Commodities Apr 2022

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime Jan 2023

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region Jun 2023

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns Jan 2023

252.226-7002 Representation for Demonstration Project for Contractors Employing Persons with Disabilities Dec 2019

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel Jan 2023

252.239-7018 Supply Chain Risk Dec 2022

252.243-7002 Requests for Equitable Adjustment Dec 2022

252.244-7000 Subcontracts for Commercial Products or Commercial Services Nov 2023

252.246-7003 Notification of Potential Safety Issues Jan 2023

252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations Oct 2010

252.246-7008 Sources of Electronic Parts Jan 2023

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;

(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,…