Sol_140P3023Q0133.pdf

140P3023Q0133

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

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

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

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

08/01/2023 0040624569

1 41

Acquisition Management Division 1100 Ohio Drive SW Contracting Anne Washington DC 20242-0001

NPS, NCR - Regional Contracting Multiple

NPS, Rock Creek Park

3545 Williamsburg Lane, NW

Washington

DC 20008-1207

000 000-0000Christina Gingras

08/30/2023 1200 ED

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Rock Creek Park (ROCR) Catch Basin Cleaning Period of Performance: 09/01/2023 to 08/31/2024

00010 Catch Basin Cleaning Product/Service Code: S208 Product/Service Description: HOUSEKEEPING-

LANDSCAPING/GROUNDSKEEPING

00011 Catch Basin Cleaning Option Year 1 - September 1, 2024 Through August 31, 2025 (Option Line Item) Anticipated Exercise Date 09/01/2024 Product/Service Code: S222 Continued ...

12. DISCOUNT FOR PROMPT PAYMENT

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

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

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

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 41

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140P3023Q0133

Product/Service Description: HOUSEKEEPING- WASTE

TREATMENT/STORAGE

Period of Performance: 09/01/2024 to 08/31/2025

00012 Catch Basin Cleaning Option Year 2 - September 1, 2025 Through August 31, 2026

(Option Line Item)

Anticipated Exercise Date 09/01/2025

Product/Service Code: S222

Product/Service Description: HOUSEKEEPING- WASTE

TREATMENT/STORAGE

Period of Performance: 09/01/2025 to 08/31/2026

00013 Catch Basin Cleaning Option Year 3 - September 1, 2026 Through August 31, 2027

(Option Line Item)

Anticipated Exercise Date 09/01/2026

Product/Service Code: S222

Product/Service Description: HOUSEKEEPING- WASTE

TREATMENT/STORAGE

Period of Performance: 09/01/2026 to 08/31/2027

00014 Catch Basin Cleaning Option Year 4 - September 1, 2027 Through August 31, 2028

(Option Line Item)

Anticipated Exercise Date 09/01/2027

Product/Service Code: S222

Product/Service Description: HOUSEKEEPING- WASTE

TREATMENT/STORAGE

Period of Performance: 09/01/2027 to 08/31/2028

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

REFERENCE: FAR 12.603, 13.105

Description for Combined Synopsis Solicitation:

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

2. The solicitation number for this requirement is 140P3023Q0133 and is issued as a request for quotation (RFQ) under the authority of FAR 13.

3. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-01 – Effective December 30, 2022.

4. This acquisition will be a total small business set-aside. The associated NAICS code is NAICS 562998 – Misc.

Waste Management Services. Small Business Size Standard for this NAICS is $8.M.

5. The Price Schedule is applicable to this acquisition provides a list of contract line-item numbers, items, quantities, and units of measure. The pricing portions of this Price Schedule must be filled out and submitted as part of any quote submitted in response to this combined synopsis/solicitation. See Attachment 2 for the Price Schedule applicable to this acquisition.

(a) The National Park Service (NPS) – National Capital Region (NCR), Rock Creek Park located in Washington, DC is soliciting catch basin cleanin services to perform tree work in targeted areas of the park. See Attachment 1 Statement of Work applicable to this acquisition.

(b) Place of performance: Rock Creek Park, 3545 Williamsburg LN NW, Washington, DC 20008

(c) Anticipated Period of Performance: September 1, 2023 – August 31, 2024. Four options periods may or may not be awarded, depending on availability of funding. These option periods are anticipated to be awarded annually and run from September 1, 2024 – August 31, 2028.

ADDENDUM TO FAR 52.212-1 – INSTRUCTIONS TO OFFERORS – COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAR 2023)

This acquisition will be performed in accordance with FAR 13.5 and evaluated in accordance with FAR 13.106-2(b)(3).

Proposal Requirements

Proposal Preparation:

The following instructions cover the preparation and submittal of the offeror’s proposal for this solicitation. Offerors are cautioned that any noncompliance with the terms and conditions of the RFP may cause their proposal to be determined unacceptable/non-compliant and therefore not eligible for award. If a joint venture arrangement exists for this acquisition, the offeror shall provide a copy of the joint venture agreement that is signed and dated by all joint venture members as part of the proposal submission. Proposals shall be submitted as separate email attachments as set forth below:

TITLE PAGE LIMIT FORMAT NAMING CONVENTION

RFP Documents N/A PDF Contractor Name 140P3023Q0133– RFP Documents

Technical Approach 15 Pages PDF Contractor Name 140P3023Q0133 - Technical Approach

Past Performance N/A PDF Contractor Name 140P3023Q0133– Past https://acquisition.gov/far/current/html/Subpart%2012_6.html#wp1088488 https://www.acquisition.gov/far/part-13

Performance

Price N/A EXCEL Contractor Name 140P3023Q0133– Pricing Spreadsheet

The email subject line must reference the solicitation number in all communications. All offers must be received by the date and time indicated on the cover page, anything received after this date and time will not be considered.

Due to attachment file size limitations, offerors may use multiple emails, however all attachments must be received before for the closing date and time.

The DOI – National Park Service is not responsible for any transmission failures, resulting in failed or late offer/proposals (Refer to FAR 52.212-1 (f)).

The government will evaluate offers utilizing comparative evaluation in accordance with FAR 13.106-2(b)(3). The government reserves the right to select a response providing benefit to the government exceeding the minimum but is not required to do so.

The proposal should contain the offeror’s best terms from a price and technical standpoint and should provide any relevant past performance information that may indicate successful performance on similar projects. Offerors are reminded to address all required sections below and provide sufficient detail to determine compliance.

All offerors must submit all inquiries and offers electronically via email to Christina M. Gingras at christina_gingras@nps.gov

1. Questions are due: 08/23/2023 @ 12:00 PM ET.

2. Offer/proposals are due: 08/30/2023 @ 12:00 PM ET.

Evaluation Factors and Basis of Award

Offers will be evaluated in accordance with FAR 13.106-2(b)(3) using comparative evaluations. In order to ensure evaluations are performed in an efficient and minimally burdensome fashion, the government will not score or otherwise rank offers, or set a competitive range. During the evaluation process, the contracting officer may negotiate with one or more offerors as appropriate but may not negotiate with all offerors. Offer submissions will be evaluated by performing a direct comparison in a uniform manner to determine which offers meet the government’s requirements. In addition to the information provided by the offeror, the contracting officer may use prior knowledge, previous experience, customer surveys and any other reasonable basis to make the award decision. The government reserves the right to consider a response that offers more than the minimum and select that response if it provides a benefit to the government. The government has the discretion to accept other than the lowest priced offeror that provides those additional benefits.

Offers will be evaluated in accordance with FAR 13.106-2(b)(3) and will include comparative evaluations. The three evaluation factors are Technical, Past Performance, and Price. These factors will be evaluated in the following manner:

Offerors are required to submit the following:

1. RFP Documents

a. A signed copy of the solicitation.

b. Signed copies of any solicitation amendments.

The RFP Documents shall be delivered in Adobe PDF format. The PDF shall be named in the following format:

Contactor Name 140P3023Q0133– RFP Documents

2. Technical Approach:

The technical approach shall be laid out in the same order and format as the paragraphs below.

a. Licensing – Provide proof of Current and Valid Business License – Business is licensed to perform the required work in the District of Columbia, Maryland, Virginia, and West Virginia. Contractor shall provide copy of current and valid business licenses.

b. Approach – Describe in detail:

i. How the offeror will promote satisfactory and timely performance for the multiple sites in accordance with the requirements.

ii. A breakout of work that is self-performed by the contractor and work that is expected to be subcontracted, if any.

iii. Contractors demonstrated records management system.

c. Key Personnel and Certifications:

i. Identification of key personnel, their role, and their years of experience.

ii. Trade qualifications and certifications specific to the project.

iii. Key Subcontractor(s), performing >25% of work. The capability statement(s) shall include:

1. Identification of key personnel, their role, and their years of experience.

2. Trade qualifications and certifications specific to the project.

d. Safety – Approach of company’s Safety Program.

e. Biobased Certification - Completed copy of the Biobased Certification included in Attachment.

f. The percentage of work that will be subcontracted during performance as well as how subcontractors will be managed IAW 52.219-14 Limitations on Subcontracting.

The Technical Approach shall be delivered in Adobe PDF format. The PDF, IAW page limits listed above, shall be named in the following format:

Contactor Name 140P3023Q0133– Technical Approach

3. Past Performance:

a. Each offeror must submit a minimum of 3 Past Performance submissions that the offeror considers relevant in demonstrating its ability to perform the proposed effort. For all submittals, the performance on efforts identified shall be restricted to those completed or ongoing during the past three (3) years from the issuance date of this RFP. If the total number of such contracts exceeds three (3), each offeror shall address its three (3) most recent and relevant contracts.

Past Performance submissions shall be delivered in Adobe PDF format. The PDF shall be named in the following format:

Contactor Name 140P3023Q0133– Past Performance

4. Pricing – A completed Pricing Spreadsheet* (Attachment 2) *The offeror is responsible for validating all formulas and final pricing prior to submission.

Pricing submissions shall be delivered in the provided Excel spreadsheet. The award of optional items will be subject to the availability of funding at the time of award. The optional items may not be awarded at all, or in any combination that will include at least 1, some, all, or none, in no specific order. The Excel shall be named in the following format:

Pricing submissions shall be delivered in the provided Excel spreadsheet. The Excel shall be named in the following format:

Contactor Name 140P3023Q0133– Pricing Spreadsheet

Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable, as prescribed in FAR 15.503(b)(2) and described in 15.503(b)(1):

(i) The number of offerors solicited.

(ii) The number of proposals received.

(iii) The name and address of each offeror receiving an award.

(iv) The items, quantities, and any stated unit prices of each award. If the number of items or other factors makes listing any stated unit prices impracticable at that time, only the total contract price need be furnished in the notice.

However, the items, quantities, and any stated unit prices of each award shall be made publicly available, upon request; and

(v) In general terms, the reason(s) the offeror’s proposal was not accepted, unless the price information in paragraph (b)(1)(iv) of this section readily reveals the reason. In no event shall an offeror’s cost breakdown, profit, overhead rates, trade secrets, manufacturing processes and techniques, or other confidential business information be disclosed to any other offeror.

EVALUATION - COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES PROVISION

Offers will be evaluated in accordance with FAR 13.106-2(b)(3) using comparative evaluations. During the evaluation process, the contracting officer may negotiate with one or more offerors as appropriate but may not negotiate with all offerors. Offeror submissions will be evaluated by performing a direct comparison in a uniform manner to determine which offers meet the government’s requirements. In addition to the information provided by the offeror, the contracting officer may use prior knowledge, previous experience, customer surveys and any other reasonable basis to make the award decision. The government reserves the right to consider a response that offers more than the minimum and select that response if it provides a benefit to the government. The government has the discretion to accept other than the lowest priced offeror that provides those additional benefits.

The three evaluation factors are Technical, Past Performance, and Price. These factors will be evaluated in the following manner:

- Technical Approach: The Technical Approach provided will be evaluated to determine if the offeror’s technical capability meets the Government’s stated requirements.

- Past Performance: Evaluated to determine acceptable past performance based in accordance with FAR 13.106- 2(b)(3)(ii), past performance may be based on one or more of the following: (A) The contracting officer’s knowledge of and previous experience with the supply or service being acquired; (B) Customer surveys, and past performance questionnaire replies; (C) The Contractor Performance Assessment Reporting System (CPARS) at https://www.cpars.gov; or (D) Any other reasonable basis.

- Price: The Government will evaluate offers for award purposes by adding the total price for the basic requirement to all, if any, options* to calculate a Total Evaluate Price (TEP). This TEP will then be evaluated for fairness and reasonableness. The provided Wage Determination rates will also be evaluated to ensure they are compliant with the latest version of WD 2015-4281(Attachment 3).

*The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.

Evaluation of options shall not obligate the Government to exercise the option(s).

Acceptable offers will be compared against each other to determine which offer provides the best value for the Government.

The government reserves the right to consider a response that offers more than the minimum and select that response if it provides a benefit to the government. The government has the discretion to accept other than the lowest priced offeror that provides those additional benefits.

A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

Contract Clauses:

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions. (JUN 2020)

52.203-3 Gratuities. (APR 1984)

52.203-6 Restrictions on Subcontractor Sales to the Government. (JUN 2020)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (JUN 2020)

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (JUN 2020)

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. (JAN 2017)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (MAY 2011) 52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011)

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

52.204-18 Commercial and Government Entity Code Maintenance. (AUG 2020)

52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems. (NOV 2021)

52.204-22 Alternative Line Item Proposal. (JAN 2017)

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (FEB 2016)

52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services. (DEC 2022)

52.216-4 Economic Price Adjustment - Labor and Material. (NOV 2021)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013)

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

52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011) -- Alternate II (MAY 2011)

52.242-15 Stop-Work Order. (AUG 1989)

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts. (AUG 2018)

52.223-19 Compliance with Environmental Management Systems. (MAY 2011) 52.228-5 Insurance - Work on a Government Installation. (JAN 1997)

52.229-3 Federal, State, and Local Taxes. (FEB 2013)

52.232-1 Payments. (APR 1984)

52.232-8 Discounts for Prompt Payment. (FEB 2002) 52.232-17 Interest. (MAY 2014)

52.232-18 Availability of Funds. (APR 1984)

52.232-25 Prompt Payment. (JAN 2017)

52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (NOV 2021)

52.233-1 Disputes. (MAY 2014)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR 1984)

52.236-10 Operations and Storage Areas. (APR 1984) 52.236-13 Accident Prevention. (NOV 1991)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation. (APR 1984) 52.241-11 Multiple Service Locations. (FEB 1995)

52.242-2 Production Progress Reports. (APR 1991)

52.242-13 Bankruptcy. (JUL 1995)

52.243-1 Changes - Fixed-Price. (AUG 1987)

52.245-1 Government Property. (SEP 2021)

52.245-9 Use and Charges. (APR 2012)

52.249-2 Termination for Convenience of the Government (Fixed-Price). (APR 2012)

52.249-8 Default (Fixed-Price Supply and Service). (APR 1984)

52.253-1 Computer Generated Forms. (JAN 1991)

52-252-6 Authorized Deviation in Clauses (April 2012)

FULL TEXT CLAUSES

52.204-13 System for Award Management Maintenance. (OCT 2018)

(a) Definitions. As used in this clause—

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that–

(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into SAM;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record "Active".

System for Award Management (SAM) means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes–

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12;

and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) If the solicitation for this contract contained the provision 52.204-7 with its Alternate I, and the Contractor was unable to register prior to award, the Contractor shall be registered in SAM within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first.

(c) The Contractor shall maintain registration in SAM during contract performance and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement. The Contractor is responsible for the currency, accuracy and completeness of the data within SAM, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in SAM after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in SAM to ensure it is current, accurate and complete. Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(d)

(1)

(i) If a Contractor has legally changed its business name or "doing business as" name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements https://www.acquisition.gov/far/subpart-32.11#FAR_Subpart_32_11 https://www.acquisition.gov/far/subpart-4.14#FAR_Subpart_4_14 https://www.acquisition.gov/far/subpart-4.12#FAR_Subpart_4_12 http://www.sam.gov/ https://www.acquisition.gov/far/52.204-7#FAR_52_204_7 regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to—

(A) Change the name in SAM;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (d)(1)(i) of this clause, or fails to perform the agreement at paragraph (d)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims).

Assignees shall be separately registered in the SAM. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the EFT clause of this contract.

(3) The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at www.sam.gov for establishment of the unique entity identifier throughout the life of the contract. The Contractor shall communicate any change to the unique entity identifier to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the unique entity identifier does not necessarily require a novation be accomplished.

(e) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.sam.gov.

(End of clause)

52.204-20 Predecessor of Offeror. (AUG 2020)

(a) Definitions. As used in this provision–

Commercial and Government Entity (CAGE) code means–

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location;

or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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

https://www.acquisition.gov/far/subpart-42.12#FAR_Subpart_42_12 https://www.acquisition.gov/far/subpart-42.12#FAR_Subpart_42_12 https://www.acquisition.gov/far/subpart-32.8#FAR_Subpart_32_8 https://www.sam.gov/

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.

(b) The Offeror represents that it □ is or □ is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated "is" in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code:____________ (or mark "Unknown").

Predecessor legal name: ____________.

(Do not use a "doing business as" name).

(End of provision)

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)

52.204-27 Prohibition on a ByteDance Covered Application (Jun 2023)

(a) Definitions. As used in this clause—

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.sam.gov/

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, “No TikTok on Government Devices” Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

52.212-1 Instructions to Offerors - Commercial Products and Commercial Services. (NOV 2021)

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

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

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

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

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show— https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items

(1) The solicitation number;

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

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

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

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

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

(9) Acknowledgment of Solicitation Amendments;

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

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

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

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

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

(f) Late submissions, modifications, revisions, and withdrawals of offers.

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

(2)

(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items https://www.acquisition.gov/far/subpart-4.10#FAR_Subpart_4_10

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

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

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

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

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

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

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

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

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

(i) Availability of requirements documents cited in the solicitation.

(1)

(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-

GSA Federal Supply Service Specifications Section

Suite 8100 470 East L’Enfant Plaza, SW

Washington, DC 20407

Telephone (202) 619-8925

Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST ( https://assist.dla.mil/online/start/).

(ii) Quick Search ( http://quicksearch.dla.mil/).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-

(i) Using the ASSIST Shopping Wizard ( https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

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

(j) Unique entity identifier.(Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) [Reserved] http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://assist.dla.mil/wizard/index.cfm https://www.acquisition.gov/far/subpart-32.11#FAR_Subpart_32_11

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

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

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

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

(4) A summary of the rationale for award;

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

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

(End of provision)

52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services. (MAY 2022)

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.

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

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…