Sol_140F0522Q0133.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

0010984312 CODE 16. ADMINISTERED BYCODE

X

X

X

115310

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORF01

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

07/13/2022 1700 MD

06/29/2022

19077863341Tina Baker (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140F0522Q0133

5. SOLICITATION NUMBER

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

1 2 0040574435OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

Princeton MN 55371 19099 313th Ave. NW FWS Sherburne NWR

15. DELIVER TO

PORTLAND OR 97232-4181

911 NE 11TH AVENUE

EASTSIDE FEDERAL COMPLEX

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$8.00

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

FWS, DIVISION OF CONTRACTING AND GE

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Legacy Doc #: FWS Period of Performance: 07/19/2022 to 02/28/2023

00010 Hazardous Fuels Reduction Project - Fuel Break Specifications Unit #1 - 6.6 Acres

Delivery: 02/28/2023 Period of Performance: 07/18/2022 to 02/28/2023

Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

Tina Baker

. 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 FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

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:

REF.

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. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

00020 Hazardous Fuels Reduction Project - Fuel Break

Specifications Unit #2 - 12.8 Acres

00030 Hazardous Fuels Reduction Project - Fuel Break

Specifications Unit #3 - 17.8 Acres

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

2 2 of

SHERBURNE NATIONAL WILDLIFE REFUGE

U.S. FISH AND WILDLIFE SERVICE

Hazardous Fuels Reduction Project

GENERAL

Sherburne National Wildlife Refuge (NWR) a 30,700-acre refuge, was established in 1965 to protect and restore the habitats associated with the St. Francis River Valley for migratory birds and other wildlife.

The focus for upland management on the refuge is to restore oak savanna. The refuge lies in the deciduous forest –woodland zone of Minnesota on the Anoka Sandplain, a large flat sandy outwash area now thought to be lacustrine in origin, with small dune features and low moraines exposed above the outwash. This zone in Minnesota is transitional between tallgrass prairie and deciduous forest.

The NWR in Sherburne County Minnesota is becoming encompassed by the urban development of Minneapolis/St. Paul (MSP) and St. Cloud. The Sherburne County Economic Development Specialist stated the county population increased by 6.5% from 2013 to 2018, a larger growth rate than both the state of Minnesota and the Greater MSP region. Minnesota State Demographic Center expects that the county’s population will grow 73% by 2035.

The importance of this project and its ability to be accomplished is because of the Stafford Act Disaster Relief and Emergency Assistance that was amended in November of 2021 with the intent of Congress to provide an orderly and continuing means of carrying out projects to alleviate the suffering and damage which result from such disasters as wild land fires by reducing hazardous fuels to protect life, property, and resource.

U.S. Fish & Wildlife Service is soliciting bids for a multi-site Hazardous Fuels project on refuge lands.

Each site will have a given deadline and regulations outlined in the Special Use Permit for the project and each year the contractor’s performance in meeting those regulations will be evaluated. Award will be based on Best Value to the Government. Vendors shall include with their quote a copy of their liability insurance, the number of years’ experience they have doing this type work and a description of their ability to perform this task through successful completion of past work on federal lands, and of this quantity. The winning vendor of the contract will be selected based off the solicitation package provided; therefore, please ensure your experience and at least three references from jobs of this magnitude is provided. The U.S. Fish & Wildlife Service will be requesting credit/value to the overall project for marketable product. Once a contract is awarded and agency requirements have been met, work shall begin immediately following the signing of the Special Use Permit.

PERIOD OF PERFORMANCE: Upon contract award through 2/28/2023.

INTERACTION WITH NEARBY PROPERTIES AND SITE ACCESS:

The project area is within a National Wildlife Refuge and accessible by county roads as well as refuge roads (see attached maps.) Special consideration shall be given during management operations to minimize disturbance to neighboring properties. Operations shall be restricted to daylight hours on weekdays and weekends. This will be balanced with completing the project in an efficient and timely fashion.

The Service Provider shall reduce the inconvenience to residents by limiting their work to the approved work hours and avoiding unnecessary use of nearby residential roads with equipment and vehicles. The Refuge Manager will inform residents of the project goals, expected timeline, and potential inconveniences once the contract is award at the time frame of the project is known. The Service Provider shall direct any concerned parties to the Refuge Manager.

Work Environment: The work is performed in a prairie or timbered environment in flat to steep terrain where surfaces may be extremely uneven, rocky, covered with thick tangled vegetation, contain wet leaves/grasses etc. Additional hazards that may exist include holes and drop offs, rocky terrain, wet/muddy ground surfaces, open bodies of water, down/standing trees etc. The hazardous nature of the work requires that Personal Protective Equipment (PPE) be worn in compliance of OSHA requirements.

The vendor shall provide all materials, labor, equipment, tools, transportation, lodging, supervision, expertise, and other incidentals necessary to successfully complete fuel breaks on Sherburne NWR land in the state of Minnesota, in accordance with the performance work statement.

PERFORMANCE WORK STATEMENT TASKS AND SUBTASKS

1. Tree stumps shall be no more than 6 inches high and flush cut where possible.

2. Tree stumps shall be chemically treated with a dye and followed up the next season to treat any resprouting.

3. Cut trees and tops shall not be left hanging or supported by any other trees or brush.

4. All roads, road rights-of-way, fields, openings, streams, and ditches shall be free of slash and damage. Cutoff blocks or any other kind of debris shall be removed from any roadside mowing zones, parking lots or any other improved area.

5. New haul roads may not be constructed without the Refuge Manager’s approval. All roads shall be no wider than twenty-five feet unless specifically authorized by the Refuge Manager.

6. All haul roads shall be smoothed and leveled at the completion of each unit and reseeded with native seed mix in areas of disturbance with complete vegetation removal. Refuge can provide seed mix specifications upon request.

7. Moist and/or saturated soils are present in some locations and may have restricted accessibility to the site. To mitigate, the access shall only be during times when soil is frozen and capable of supporting equipment.

8. Wetlands and riparian areas identified by refuge staff with pink flagging shall receive a 50’ no cut zone buffer.

9. Archeological sites if present shall be mitigated by allowing access during times of frozen soils capable of supporting equipment.

10. Trees designated to be left, which are cut or injured through carelessness as determined by the Refuge Manager shall be paid for at the rate of $100.00 per tree.

11. No cutting shall occur on the Refuge during the November nine day Firearms Deer Hunt.

12. The refuge is open to the public from September 1 – February 28 and care shall be taken to watch out for people in cut areas.

13. Care shall be taken to ensure that damage doesn’t occur to Refuge facilities such as fence, signs, gates etc. in cut areas. The Refuge Manager will work with the vendor to make sure facilities are identified.

14. The vendor shall ensure all equipment is locked during non-operational periods; the Refuge is not responsible for any damage or theft that may occur.

15. The Refuge Manager shall have the authority to temporarily close all or any part of the operation because of high fire danger, habitat damage, inclement weather, safety reasons or any other deemed necessary for the protection of lives and property.

16. The vendor shall comply with applicable State and/or Federal Occupational Safety and Health Administration requirements and carry Workman’s Compensation Insurance if required. Proof of liability insurance is required.

17. Upon completion of each project site, all skid and haul roads shall be blocked at the point where they intersect the main public road by ditching, dirt piles or other method that is satisfactory to the Refuge Manager unless specified otherwise by the Refuge Manager.

18. The vendor shall not possess firearms, recreational drugs, or alcoholic beverages on the Refuge.

19. The vendor shall travel only the designated routes to and from the project site identified by Refuge Management.

20. Only persons who are employed by the vendor are permitted on the Refuge project.

21. Any spill of oil, hydraulic fluid or other hazardous material shall be reported to the Refuge Manager and cleaned up immediately. If excessive spill/s result, the project shall be shut down until proper notification, cleanup and repair of equipment takes place at the expense of the vendor.

22. All trash shall be removed from the site upon completion of cutting each day.

Individual Fuel Break Specifications:

The numbered units are labeled to correlate with the map number and does not represent any order of priority. Fuel Break sites vary in length, vegetation composition, density, and desired site treatments.

There are a total of 3 Fuel Break Units to be cut. Vendor shall show on their quote the cost per unit and show the cost per acre. It is recommended to complete a site visit but not mandatory. A site visit is offered on Thursday, 7 July at 10:00am. Interested vendors shall notify the CO via an email not later than 10:00pm mountain time on 5 July if they plan to attend. The CO will provide interested vendors the address to meet and contact numbers for the site visit.

Fuel Break Specifications Unit #1: 6.6 Acres Length 0.46 Miles

An established fuel break of 50’ from property line currently exists. This project is to begin at 50’ from the property line with continuing of fuel break improvement from the beginning timber edge toward the interior of the refuge 120’.

1. All live trees shall not be harvested.

2. Remove from site all dead standing 6” DBH and larger trees and on the ground 6” diameter dead trees or larger in project area 120’ from the beginning edge of timber.

3. All woody material 6” or larger diameter shall be hauled off the Refuge.

4. All material within 50’ of refuge boundary shall be removed with no larger than 2” diameter.

Ground/mulch residual material shall have a depth no deeper than 1”.

5. Flush cut stumps where possible. All stumps shall be less than 6 inches in height.

6. Landing areas shall be agreed upon by the vendor and a Refuge manager prior to skidding operations. All landing areas must have excess woody material removed, smoothed, and leveled once work is completed at each landing.

Fuel Break Specifications Unit #2: 12.8 Acres Length 0.88 Miles

1. Remove all trees within 50’ of refuge boundary.

2. Remove from site all standing dead 6” DBH and on the ground 6” diameter dead trees or larger in project area 120’ from property line.

3. All woody material 6” or larger diameter shall be hauled off the Refuge.

4. All stumps within 50’ of refuge boundary shall be ground to ground level or slightly below grade.

6. All material within 50’ of refuge boundary shall be removed with no larger than 2” diameter.

Ground/mulch residual material will have a depth no deeper than 1”.

6. Mow/Remove all brush/vegetation from fuel break area.

7. Chemically treat stumps to eliminate re-sprouting.

8. Landing areas shall be agreed upon by the vendor and a Refuge manager prior to skidding operations. All landing areas shall have excess woody material removed, smoothed, and leveled once work is completed at each landing.

Fuel Break Specifications Unit #3: 17.8 Acres Length 1.23 Miles

1. Remove all trees within 50’ of refuge boundary.

2. Remove from site all standing dead 6” DBH and on the ground 6” diameter dead trees or larger in project area 120’ from property line.

3. All woody material 6” or larger diameter shall be hauled off refuge.

4. All stumps within 50’ of refuge boundary shall be ground to ground level so in following years refuge staff can maintain with mowing equipment.

5. All material within 50’ of refuge boundary shall be removed with no larger than 2” diameter.

Ground/mulch residual material will have a depth no deeper than 1”.

6. Mow/Remove all brush/vegetation from fuel break area.

7. Chemically treat stumps to eliminate resprouting

8. Landing areas shall be agreed upon by the vendor and a Refuge manager prior to skidding operations. All landing areas shall have excess woody material removed, smoothed, and leveled once work is completed at each landing.

Extent of Liability:

Liability of the vendor: The vendor shall provide a copy of liability insurance with their quote prior to being issued a signed Special Use Permit. Vendor shall comply with all federal, state, and local laws, ordinance standards, regulations and obtain all necessary permits, inspections, and approvals with respect to work contemplated herein. It is further understood and agreed that the contractor assumes all responsibility of the safety of his or her employees, plant, and materials.

Risk: The vendor shall assume all risk in connection with the execution of this contract, shall waive any claim against the United States of America (USA) for damages arising out of the performance of the work specified, and shall protect the USA from any claim which may result from damages or injury to property or persons in connection with the performance of this contract.

Unacceptable Performance

The Government shall incur no obligation for payment for 1) unauthorized withdrawal of equipment, or

2) unacceptable performance or behavior.

ROLES AND RESPONSIBILITIES OF GOVERNMENT OFFICIALS

The following government officials shall participate in assessing the quality of the contractor's performance. Their roles and responsibilities are described as follows:

The Contracting Officer’s Representative (COR) (name shall be provided upon contract award) will be responsible for monitoring, assessing, recording, and reporting on the technical performance of the contractor on the schedule of inspections submitted by the contractor and approved by the government.

The COR/inspector, if the latter is assigned to the project, will either witness the contractor's performance of the inspections performed by the contractor or will evaluate the contractor's inspection results as to documented findings relative to meeting the standards for each task/subtask within the statement of work.

The COR will have primary responsibility for completing quality assurance monitoring forms which will be used to document inspections and evaluation of the contractor's work performance.

The Contracting Officer (CO) will have overall responsibility for overseeing the vendor's performance.

The CO will also be responsible for the day-to-day monitoring of the vendor's performance in the areas of contract compliance, contract administration, cost control, and property control; reviewing the COR's assessment of the vendor's performance; and resolving any differences between the COR's version and the vendor’s version.

TYPES OF WORK TO BE PERFORMED/SCHEDULE OF INSPECTIONS

This contract calls for the vendor to perform the following tasks and subtasks and to perform inspections at the completion of the tasks/subtasks as a minimum and/or for intermediate inspections as determined upon contract award by the COR/CO. The government, through the COR, will monitor the vendor's performance on a continuous basis.

Task/subtask#: Fuel break(s) establishment & improvement.

When to be Inspected: As work is being performed and at completion of task.

What to be Inspected: Compliance with technical standard.

Documentation: Vendor Records/ Data/Reports (Periodic); COR Unit Log (Random)

EQUIPMENT CLEANING - INVASIVE SPECIES OF CONCERN

(a) The vendor shall ensure that any equipment intended for use during contract performance, either mechanical or otherwise, shall be free from invasive species of concern before use on this contract.

(i) Prior to commencing work on a project, the vendor shall advise the FWS of previous equipment cleaning measures and make equipment available for inspection upon request. FWS shall have 2 days, excluding weekends and Federal holidays, to inspect any equipment to ensure it is free of invasive species of concern. Equipment shall be considered clean when a visual inspection does not disclose seeds, soil, vegetative matter, and other debris that could contain or hold seeds of invasive species of concern. After satisfactory inspection or after such 2-day period, the vendor may proceed with work as directed by the COR. If equipment is removed from the refuge prior to completion of work for another job, the equipment shall be required to have another inspection prior to returning to work on the Refuge.

(ii) If the vendor desires to clean equipment on FWS land, such as at the end of a project or prior to moving to or through an area that is free of invasive species of concern, the vendor shall obtain prior approval from COR as to the location for such cleaning and measures, if any, for controlling impacts.

(b) The FWS maintains a current list and maps of areas known to be infested with invasive species of concern on Service lands and are available upon request. The parties shall promptly communicate with one another with respect to description or designation of additional locations; discovery of locations of new species or new infestation; and addition of species to the list of invasive species of concern and any potential impact on contract operations.

PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES,

AND IMPROVEMENTS

(a) The vendor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site that are not to be removed and which do not unreasonably interfere with the work required under this contract. The vendor shall avoid damaging vegetation that will remain in place.

(b) The vendor shall protect from damage all existing improvements and utilities (1) at or near the work site, and (2) on adjacent property of a third party, the locations of which are made known to or should be known by the vendor. The vendor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the vendor fails or refuses to repair the damage promptly, the CO may have the necessary work performed and charge the cost to the Contractor.

(c) Trees that are located adjacent to roads, fire lines, fences, private property, rights-of-way, or other structures and are designated for treatment shall be severed and felled so as not to damage, lean on, clog, or otherwise obstruct existing structures or facilities.

(d) The vendor shall notify the COR immediately of any damaged structures and repair damages that have resulted from the vendor’s operations.

**Sherburne National Wildlife Refuge reserves the right to utilize other vendors to complete the project if performance is falling behind schedule or the quality of work diminishes. **

Any violation of these regulations or any other State, Federal or Refuge Regulations will result in immediate revocation and termination of the sale contract and funds. Charges may also be filed in Federal or State Court against the permittee and all prepayments shall be forfeited.

Clauses/Provisions Incorporated by Reference

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017) (provision) 52.204-7 System for Award Management (Oct 2018) (provision) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

(Nov 2021) (provision) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

52. 204-26 Covered Telecommunications Equipment or Services-Representation. (Oct 2020) (provision) 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations—Representation (Nov 2015) (provision) 52.212-1 Instructions to Offerors - Commercial Items. (Jun 2020) (provision) 52.212-4 Contract Terms and Conditions - Commercial Items. (Oct 2018) 52.222-52 Exemption From Application of the Service Contract Labor Standards to Contracts for Certain Services-- Certification. (May 2014) (provision) 52.232-39 Unenforceability of Unauthorized Obligation (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Nov 2021)

Clauses/Provisions Incorporated by Full Text

USFWS R7 Environmentally Preferable and Energy-Efficient Products and Services Policy

Whenever cost effective, the contractor should provide products and/or services that are energy efficient, promote water conservation and are bio-based. The use of nonhazardous and recovered materials is encouraged.

DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) (APR 2013)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

Itemized invoice for items delivered and/or work performed.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 - 5 business days of the contract award date.

Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause) https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov

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

(a) Definitions. As used in this provision, "covered telecommunications equipment or services " and "reasonable inquiry " have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment .

(b) 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 ".

(c) (1) Representation. The Offeror represents that it □ does, □ 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.

(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 any equipment , system, or service that uses covered telecommunications equipment or services .

(End of provision)

52.212-3 Offeror Representations and Certifications-Commercial Items. (Nov 2021)

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

(a) Definitions. As used in this provision—

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

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

Forced or indentured child labor means all work or service—

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

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

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.sam.gov/ https://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_204_25

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_204_25

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

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

(6) Have been voluntarily suspended."Sensitive technology"—

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veteransor, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16).

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by— http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

Women-owned small business concern means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

(b)

(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable http://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_212_3 to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it □ is, □ is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-

(i) It □ is, □ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-https://www.acquisition.gov/far/part-4#FAR_4_1201

(i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: __________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that–

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order11246-

(1) Previous contracts and compliance. The offeror represents that-

(i) It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It □ has, □ has not filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that-

(i) It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.gov/ U.S.C.

1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American-Supplies, is included in this solicitation.)

(1)

(i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

(iii) The terms "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(2) Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.

(g) (1) Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.)

(i) (A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product.

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_225_1 https://www.acquisition.gov/far/part-25#FAR_Part_25 https://www.acquisition.gov/far/part-52#FAR_52_225_3

(ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

Other Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.

(2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Canadian End Products:

Line Item No. Country of Origin

[List as necessary]

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph

(g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

[List as necessary]

(4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Free…