Sol_140P8624Q0021.pdf

140P8624Q0021

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

03/06/2024 0040647826

1 32

Building 201, Fort Mason San Francisco CA 94123

NPS, PWR - GOGA MABO

04/30/2024

GOLDEN GATE NRA - MAINTENANCE

513 McRaynolds Rd.

SAUSALITO

CA 94965

415 561-4790Michael Gabriel

03/22/2024 1500 PD

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

PROJECT: "12FT WIDE GROOMING MOWER ATTACHMENT,

FRONTIER FM4012 FLEX WING"

The National Park Service, Golden Gate National Recreation Area (GGNRA), has a requirement for a new 12ft wide grooming mower attachment - Frontier FM4012 Flex Wing.

This requirement is TOTAL SMALL BUSINESS SET-ASIDE. Offers are solicited only from Small Business concerns. Offers received from concerns that are not Small Business concern shall be considered nonresponsive and will be rejected.

The Government intends to award a single, firm-fixed-price contract. The Government intends 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 32

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

140P8624Q0021 to make award to the responsible offeror whose quote conforms to the Request for Quotation (RFQ) and is most advantageous to the government, Technical Capability, Past Performance and Cost or Price considered.

See the Scope of Work (SOW), Terms and Conditions

(Contract Clauses), and all attachments to this

Request for Quotation (RFQ) for information and product specifications.

ALL QUESTIONS, REQUEST FOR INFORMATION AND

CLARIFICATION about the RFQ is DUE ON Friday, March 15, 2024, at 3:00 PM (PD).

REQUEST FOR QUOTATION (RFQ) MUST BE RECEIVED ON

OR BEFORE: Friday, March 22, 2024, at 3:00 PM

(PD), and shall only be accepted through

Electronic Mail addressed to Michael Gabriel, email: michael_gabriel@nps.gov.

NOTE: ALL QUOTATIONS received are valid for 60 days, otherwise stated on the Contract Price

Schedule.

Period of Performance: 04/01/2024 to 04/30/2024

00010 NEW 12FT WIDE GROOMING MOWER ATTACHMENT 1 EA

*FRONTIER FM4012 FLEX WING

*Equipment must be compatible with John Deere

4120 Series Tractor.

*The mower must be equipped with replaceable mowing blades.

*Price must include Delivery and Installation

Fees.

See the Scope of Work (SOW) for information and product specifications.

Product/Service Code: 3830

Product/Service Description: TRUCK AND TRACTOR

ATTACHMENTS

Delivery: 04/30/2024

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

Solicitation / RFQ

PURCHASE REQUEST

PR# 0040647826

Contract No:

Document Title:

New 12FT Wide Grooming Mower Attachment for

Golden Gate National Recreation Area, California 94965

TABLE OF CONTENTS PAGE

SECTION A – Solicitation / Contract Form 04

SECTION B – Supplies or Services and Prices 05

SECTION C – Description and Specifications 06

SECTION D – Packaging and Marking 07

SECTION E – Inspections and Acceptance 08

SECTION F – Deliveries or Performance 09

SECTION G – Contract Administration Data 10

SECTION H – Special Contract Requirements 13

SECTION I – Contract Clauses 14

SECTION J – List of Documents, Exhibits and Other Attachments 17

SECTION K – Representations, Certifications and Other Statements of Offerors 18

SECTION L – Instructions, Conditions, and Notices to Offerors 29

SECTION M – Evaluation Factors for Award 32

SECTION A :

A.1 Continuation of Optional Form 18

See Section J, Attachment 00 – Terms and Conditions (Contract Clauses)

SECTION B – BID SCHEDULE

B.1 Contract Price Schedule

The Contract Price Schedule has been provided as an attachment to this RFQ/Solicitation.

See Section J, Attachment 01 – Contract Price Schedule / Quotation Sheet

SECTION C - SPECIFICATIONS and DRAWINGS

C.1 Specifications and Drawings

The Contractor shall furnish all necessary labor, equipment, materials, supplies, appurtenances, qualified personnel, and supervision for delivery of New 12FT Wide Grooming Mower Attachment and to successfully complete the work detailed in the Statement of Work (SOW).

See Section J, Attachment 02 - Statement of Work (SOW)

SECTION D – PACKAGING AND MARKING

D.1 Packaging

There are no clauses in this section.

SECTION E - INSPECTION AND ACCEPTANCE

E.1 – 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

http://www.acquisition.gov/far

Clause Title Date

52.246-2 Inspection of Supplies-Fixed-Price AUG 1996

Note:

The National Park Service, Golden Gate National Recreation Area (GOGA), reserved the rights to inspect and reject the products and/or services received that does not pass the requirements and standards as stated in the Scope of Work (SOW).

SECTION F - DELIVERIES OR PERFORMANCE

F.1 52.252-2 Clauses Incorporated by Reference (FEB 1989)

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

https://www.acquisition.gov/far

52.204-19 Incorporation by Reference of Representation and Certifications DEC 2014

52.242-14 Suspension of Work APR 1984

52.242-15 Stop-Work Order AUG 1989

52.242-17 Government Delay of Work AUG 1984

SECTION G :

G.1 Administration Data

1452.201-70 AUTHORITIES AND DELEGATIONS SEP 2011

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The

COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph

(e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph

(d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

G.2 Contract Specialist responsible for administering this contract:

MICHAEL GABRIEL

National Park Service

Contracting Operations - West

Email: michael_gabriel@nps.gov

Project Supervisor / COR for this contract will be:

Creighton Geigle

Golden Gate NRA (GOGA)

513 McRaynolds Rd., Sausalito, CA 94965

Office Phone: 415-388-3267

Email: creighton_geigle@nps.gov

The Contractor shall use the COR / Project Manager / Project Supervisor as the point of contact for all technical matters under the contract. Technical correspondence shall be addressed to the NPS COR / PM / PS, with an information copy of the basic correspondence to the Contract Specialist.

G.3 DOI – AAAP-0028 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:

• The Contractor must upload their actual business invoice as an attachment when submitting their payment request through the IPP system.

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 instruction via email from the Federal Reserve Bank of Boston (FRBB) 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 ippgroup@bos.frb.org or phone (866) 973-3131.

mailto:michael_gabriel@nps.gov mailto:creighton_geigle@nps.gov

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 quotation.

G.4 CORRESPONDENCE

Copies of all correspondence and written notices between the Contracting Officer’s Representative and the

Contractor shall be sent to the cognizant Contract Specialist by email. All correspondence sent by email shall state the reference number (RFQ/PO) in the subject line of the email.

Contract Specialist responsible for administering this contract:

MICHAEL GABRIEL

Contracting Operations - West

Email: michael_gabriel@nps.gov

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 Interpretation of Contract – Notice of Ambiguities

(a) This written contract and any and all identified writings or documents incorporated by reference herein or physically attached hereto constitute the parties' complete agreement and no other prior or contemporaneous agreements either written or oral shall be considered to change, modify or contradict it. Any ambiguity in the contract will not be strictly construed against the drafter of the contract language but shall be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the intentions of the parties at the time of contracting.

(b) It shall be the obligation of the Contractor to exercise due diligence to discover and to bring to the attention of the Contracting Officer at the earliest possible time any ambiguities, discrepancies, inconsistencies, or conflicts in or between the specifications and the applicable drawings or other documents incorporated. Failure to comply with such obligation shall be deemed a waiver and release of any and all claims for extra costs or delay arising out of such ambiguities, discrepancies, inconsistencies, and conflicts.

H.2 Seasonal Shutdown

It is recognized that seasonal climatic conditions regularly occur in some of the National Park Service areas that restrict and, in some cases, prohibit normal working activities. The actual timing of a seasonal shutdown will be determined by mutual agreement between the Contractor and the Contracting Officer. The Contractor shall give the Contracting Officer at least two weeks’ notice prior to the anticipated resumption of work. The actual date that work is resumed is subject to the approval of the Contracting Officer. The amount of time during a seasonal shutdown is taken into consideration when the completion time as stated in the Contract is determined.

Therefore, the contract time will not be extended due to seasonal shutdowns.

SECTION I - CONTRACT CLAUSES

I.1 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

https://www.acquisition.gov/far

52.202-1 Definitions. JUN 2020

52.203-5 Covenant Against Contingent Fees. MAY 2014

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

52.203-7 Anti-Kickback Procedures. JUN 2020

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights.

JUN 2020

52.204-1 Approval of Contract DEC 1989

52.204-7 System for Award Management OCT 2018

52.204-8 Annual Representations and Certifications. DEC 2022

52.204-13 System for Award Management Maintenance OCT 2018

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

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

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

NOC 2021

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

NOV 2021

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

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023

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

52.209-1 Qualification Requirements FEB 1995

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.211-5 Material Requirements. AUG 2000

52.212-1 Instruction to Offerors – Commercial Products and Commercial Services NOV 2021

52.212-2 Evaluation – Commercial Products and Commercial Services NOV 2021

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

DEC 2022

52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services

DEC 2022

52.212-5 Contract Terms and conditions Required To Implement Statutes or Executive Orders – Commercial Products and Commercial Services

DEC 2022

52.213-4 Terms and Conditions-Simplified Acquisitions (Other Than Commercial DEC 2022

Items)

52.214-5 Submission of Bids DEC 2016

52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999

52.214-15 Period for Acceptance Period APR 1984

52.216-24 Limitation of Government Liability APR 1984

52.216-25 Contract Definitization OCT 2010

52.219-6 Notice of Total Small Business Set-Aside NOV 2020

52.219-8 Utilization of Small Business Concerns OCT 2022

52.219-9 Small Business Subcontracting Plan OCT 2022

52.219-14 Limitations on Subcontracting Plan OCT 2022

52.222-1 Notice to the Government of Labor Disputes FEB 1997

52.222-20 Contracts for Materials, Supplies, Articles, and Equipment JUN 2020

52.222-26 Equal Opportunity SEP 2016

52.222-35 Equal Opportunity for Veterans JUN 2020

52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020

52.222-40 Notification of Employee Rights Under the national Labor Relations Act DEC 2010

52.222-50 Combating Trafficking in Persons. NOV 2021

52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 JAN 2022

52.223-18 Encouraging Contractor Policies to Ban Text messaging While Driving. JUN 2020

52.225-1 Buy American-Supplies OCT 2022

52.225-3 Buy American-Free Trade Agreements-Israeli Trade Act DEC 2022

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021

52.225-18 Place of Manufacture AUG 2018

52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran – Representation and Certifications.

JUN 2020

52.228-5 Insurance-Work on a Government Installation JAN 1997

52.232-1 Payments APR 1984

52.232-16 Progress Payments NOV 2021

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

52.233-2 Service of Protest SEP 2006

52.233-3 Protest after Award AUG 1996

52.233-4 Applicable law for Breach of Contract Claim OCT 2004

52.242-5 Payment to Small Business Subcontractors JAN 2017

52.242-14 Suspension of Work APR 1984

52.242-15 Stop-Work Order AUG 1989

52.242-17 Government Delay of Work APR 1984

52.243-1 Changes-Fixed-Price AUG 1987

52.243-7 Notification of Changes JAN 2017

52.244-2 Subcontracts JUN 2020

52.244-6 Subcontracts for Commercial Products and Commercial Services DEC 2022

52.246-2 Inspection of Supplies-Fixed-Price AUG 1996

52.246-4 Inspection of Services-Fixed-Price AUG 1996

52.247-34 F.O.B. Destination NOV 1991

52.247-35 F.O.B. Destination, Within Consignee’s Premises APR 1984

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

52.252-1 Solicitation Provisions Incorporated by Reference FEB 1998

52.252-2 Clauses Incorporated by Reference FEB 1998

I.2 –1452.203-70 Restrictions on Endorsements – Department of the Interior (Jul 1996)

The Contractor shall not refer to contracts awarded by the Department of the Interior in commercial advertising, as defined in FAR 31.205-1, in a manner which states or implies that the product or service provided is approved or endorsed by the Government or is considered by the Government to be superior to other products or services. This restriction is intended to avoid the appearance of preference by the Government toward any product or service. The Contractor may request the Contracting Officer to make a determination as to the propriety of promotional material.

I.3 – 1452.237-70 Information Collection – Department of the Interior (Jul 1996)

If performance of this contract requires the contractor to collect information on identical items from ten or more public respondents, no action shall be taken, or funds expended in the solicitation or collection of such information until the contractor has received from the Contracting Officer written notification that approval has been obtained from the Office of Management and Budget (OMB) pursuant to the Paperwork Reduction Act of

1980. The Contractor agrees to provide all information requested by the Contracting Officer which is necessary to obtain approval from OMB.

I.5 – Conduct of Operations

At all times the Contractor shall conduct his organization in conformance with the rules and regulations promulgated by the Secretary of the Interior for the National Park Service, and with such appropriate regulations as the Superintendent may prescribe. Work on Saturdays, Sundays, Federal holidays or at night may be performed only with the prior consent and/or approval of the Contracting Officer.

SECTION J - LIST OF ATTACHMENTS

J.1 Contract Documents, Exhibits and Attachments

The following attachment(s) are incorporated herein and form a part of the Solicitation/Request for

Quotation (RFQ), and Contract/Order:

Attachment Number List of Documents, Exhibits, and Other Attachments

01 Contract Price Schedule

02 Statement of Work (SOW)

SECTION K – Representations, Certifications and Other Statements of Offerors

K.1 – 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

Provision Title Date

52.212-3 Offeror Representations and Certifications –

Commercial Products and Commercial Services

DEC 2022

52.212-4 Contract Terms and Conditions – Commercial

Products and Commercial Services

DEC 2022

52.214-5 Submission of Bids DEC 2016

K.2 – 1452.215-71 Use and Disclosure of Proposal Information – Department of the Interior

(Apr 1984)

(a) Definitions. For the purposes of this provision and the Freedom of Information Act (5 U.S.C. 552), the following terms shall have the meaning set forth below:

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

(2) “Confidential commercial or financial information” means any business information (other than trade secrets) which is exempt from the mandatory disclosure requirement of the Freedom of

Information Act, 5 U.S.C. 552. Exemptions from mandatory disclosure which may be applicable to business information contained in proposals include exemption (4), which covers “commercial and financial information obtained from a person and privileged or confidential,” and exemption (9), which covers “geological and geophysical information, including maps, concerning wells.”

(b) If the offeror, or its subcontractor(s), believes that the proposal contains trade secrets or confidential commercial or financial information exempt from disclosure under the Freedom of Information Act, (5 U.S.C.

552), the cover page of each copy of the proposal shall be marked with the following legend:

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

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

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

(d) Information in a proposal identified by an offeror as trade secret information or confidential commercial and financial information shall be used by the Government only for the purpose of evaluating the proposal, except that (i) if a contract is awarded to the offeror as a result of or in connection with submission of the proposal, the

Government shall have the right to use the information as provided in the contract, and (ii) if the same information is obtained from another source without restriction it may be used without restriction.

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

(f) The Government assumes no liability for the disclosure or use of information contained in a proposal if not marked in accordance with paragraphs (b) and (c) of this provision. If a request under the Freedom of

Information Act is made for information in a proposal not marked in accordance with paragraphs (b) and (c) of this provision, the offeror concerned shall be promptly notified of the request and given an opportunity to provide its position to the Government. However, failure of an offeror to mark information contained in a proposal as trade secret information or confidential commercial or financial information will be treated by the

Government as evidence that the information is not exempt from disclosure under the Freedom of Information

Act, absent a showing that the failure to mark was due to unusual or extenuating circumstances, such as a showing that the offeror had intended to mark, but that markings were omitted from the offeror's proposal due to clerical error.

K.3 – 52.204-8 Annual Representations and Certifications (DEC 2022)

(a)

(1) The North American Industry Classification System (NAICS) code for this acquisition is 333112.

(2) The small business size standard is 1,500 employees.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is

500 employees.

(b)

(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

(i) □ Paragraph (d) applies.

(ii) □ Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)

(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless–

(A) The acquisition is to be made under the simplified acquisition procedures in part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures;

or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal

Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality

Agreements or Statements-Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services-Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation.

(viii) 52.209-5, CertificationRegarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony

Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

https://www.acquisition.gov/content/52204-7-system-award-management#i1063838 https://www.acquisition.gov/content/52204-7-system-award-management#i1063838 https://www.acquisition.gov/content/52203-2-certificate-independent-price-determination#i1063268 https://www.acquisition.gov/content/part-13-simplified-acquisition-procedures#i1112458 https://www.acquisition.gov/content/52203-11-certification-and-disclosure-regarding-payments-influence-certain-federal-transactions#i1063408 https://www.acquisition.gov/content/52203-18-prohibition-contracting-entities-require-certain-internal-confidentiality-agreements-or-statements-representation#i52_203-18 https://www.acquisition.gov/content/52204-3-taxpayer-identification#i1063736 https://www.acquisition.gov/content/52204-7-system-award-management#i1063838 https://www.acquisition.gov/content/52204-5-women-owned-business-other-small-business#i1063796 https://www.acquisition.gov/content/52204-26-covered-telecommunications-equipment-or-services-representation#id19CAC0P0ESS https://www.acquisition.gov/content/52209-2-prohibition-contracting-inverted-domestic-corporations-representation#i1062479 https://www.acquisition.gov/content/52209-5-certification-regarding-responsibility-matters#i1062558 https://www.acquisition.gov/content/52209-11-representation-corporations-regarding-delinquent-tax-liability-or-felony-conviction-under-any-federal-law#id165RA0UH01A https://www.acquisition.gov/content/52214-14-place-performance-sealed-bidding#i1059991

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast

Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative

Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-

Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its

Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its

Alternate II applies.

(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its

Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification.

This provision applies to all solicitations.

(xxiv) on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran—

Representation and Certifications., Prohibition on Contracting with Entities Engaging in Certain Activities or

Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

https://www.acquisition.gov/content/52215-6-place-performance#i1059247 https://www.acquisition.gov/content/52219-1-small-business-program-representations#i1057235 https://www.acquisition.gov/content/52219-2-equal-low-bids#i1057302 https://www.acquisition.gov/content/52222-22-previous-contracts-and-compliance-reports#i1055729 https://www.acquisition.gov/content/52222-26-equal-opportunity#i1055793 https://www.acquisition.gov/content/52222-25-affirmative-action-compliance#i1055782 https://www.acquisition.gov/content/52222-26-equal-opportunity#i1055793 https://www.acquisition.gov/content/52222-38-compliance-veterans’-employment-reporting-requirements#i1056289 https://www.acquisition.gov/content/52223-1-biobased-product-certification#i1052963 https://www.acquisition.gov/content/52223-2-affirmative-procurement-biobased-products-under-service-and-construction-contracts#i1052973 https://www.acquisition.gov/content/52223-4-recovered-material-certification#i1053040 https://www.acquisition.gov/content/52223-22-public-disclosure-greenhouse-gas-emissions-and-reduction-goals-representation#CDCHDCIFF4 https://www.acquisition.gov/content/52204-7-system-award-management#i1063838 https://www.acquisition.gov/content/52225-2-buy-american-certificate#i1053411 https://www.acquisition.gov/content/52225-1-buy-american-supplies#i1053372 https://www.acquisition.gov/content/52225-4-buy-american-free-trade-agreements-israeli-trade-act-certificate#i1053526 https://www.acquisition.gov/content/52225-3-buy-american-free-trade-agreements-israeli-trade-act#i1053446 https://www.acquisition.gov/content/52225-6-trade-agreements-certificate#i1053693 https://www.acquisition.gov/content/52225-5-trade-agreements#i1053648 https://www.acquisition.gov/content/52225-20-prohibition-conducting-restricted-business-operations-sudan-certification#i1054426 https://www.acquisition.gov/content/52225-25prohibition-contracting-entities-engaging-certain-activities-or-transactions-relating-iran—representation-and-certifications#i1054876 https://www.acquisition.gov/content/52225-25prohibition-contracting-entities-engaging-certain-activities-or-transactions-relating-iran—representation-and-certifications#i1054876

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation.

This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

__ (i) 52.204-17, Ownership or Control of Offeror.

__ (ii) 52.204-20, Predecessor of Offeror.

__ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

__ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.

__ (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.

__ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for

EPA–Designated Products (Alternate I only).

__ (vii) 52.227-6, Royalty Information.

__ (A) Basic.

__ (B) Alternate I.

__ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically in SAM website accessed through https://www.sam.gov. After reviewing the SAM information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. 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.

FAR Clause # Title Date Change

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 on SAM.

K.4 – 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance

Services or Equipment (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or

Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and

Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, https://www.acquisition.gov/content/52226-2-historically-black-college-or-university-and-minority-institution-representation#i1054999 https://www.acquisition.gov/content/52204-17-ownership-or-control-offeror#i1064305 https://www.acquisition.gov/content/52204-20-predecessor-offeror#id165VE00099X https://www.acquisition.gov/content/52222-18-certification-regarding-knowledge-child-labor-listed-end-products#i1055635 https://www.acquisition.gov/content/52222-48-exemption-application-service-contract-labor-standards-contracts-maintenance-calibration-or-repair-certain-equipment-certification#i1056493 https://www.acquisition.gov/content/52222-52-exemption-application-service-contract-labor-standards-contracts-certain-services-certification#i1056701 https://www.acquisition.gov/content/52223-9-estimate-percentage-recovered-material-content-epa-designated-items#i1053138 https://www.acquisition.gov/content/52227-6-royalty-information#i1052268 https://www.acquisition.gov/content/52227-15-representation-limited-rights-data-and-restricted-computer-software#i1052648 https://www.sam.gov/ https://www.acquisition.gov/content/41201-policy#i1121876 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph

(c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

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

Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub.

L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019

(Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

Nothing in the prohibition shall be construed to—

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

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management

(SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The

Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the

Offeror responds "will" in paragraph (d)(1) of this section; and

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

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

(e) Disclosures.

https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.sam.gov/

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

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

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded

"does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

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