Sol_1605C5-25-Q-00033.pdf

WOMEN-OWNED SMALL

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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3.AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

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

OFFER

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

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

. YOUR OFFER ON SOLICITATION

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ADDENDA

ADDENDA

1605C5-25-Q-00033

See Schedule See Schedule

US Department of Labor Customer Acquisition Services 200 Constitution Ave, NW S-4307 Washington DC 20210

08/29/2025 1000 ET

1625-OPL-25-NAT-0057

DeCarlo Coleman Jr.

972-850-4479

CAS

CAS

Rachael N. Vargas

541990

$19.5

08/22/2025

BLS DC NAT SHIP

ADMINISTERED BY:

US Department of Labor

Customer Acquisition Services

200 Constitution Ave, NW

S-4307

Washington DC 20210 USA

Continued...

STOCK RECORD (S/R)

STANDARD FORM 1449 (REV. 11/2021) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

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

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33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

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36. PAYMENT

COMPLETE PARTIAL FINAL

ACCEPTED,

DELIVER TO:

US DEPARTMENT OF LABOR

4600 Silver Hill Road

Room 1R105

Suitland MD 20746 USA

The Department of Labor (DOL) Office of the

Senior Procurement Executive, on behalf of the

Bureau of Labor Statistics (BLS), has a need for industrial building construction data and price updates in accordance with this Request for Quotation (RFQ).

The period of performance reads as follows:

Base Period: September 8, 2025 – May 31, 2026

Option Period 1: June 1, 2026 – May 31, 2027

Option Period 2: June 1, 2027 – May 31, 2028

Option Period 3: June 1, 2028 – May 31, 2029

Option Period 4: June 1, 2029 – May 31, 2030

Period of Performance: 09/08/2025 to

05/31/2026

0001 1 EABase period - Data purchase for industrial building construction data and price updates

Product/Service Code: R702

Delivery: 09/08/2025

Continued...

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C)

NSN 7540-01-152-8067

1605C5-25-Q-00033

1001 1 EAOption period 1 - Data purchase for industrial building construction price updates

(Option Line Item)

(Anticipated Option Exercise Date) 04/01/2026

Product/Service Code: R702

Delivery: 06/01/2026

Period of Performance: 06/01/2026 to

05/31/2027

2001 1 EAOption period 2 - Data purchase for industrial building construction price updates

(Option Line Item)

(Anticipated Option Exercise Date) 04/01/2027

Product/Service Code: R702

Delivery: 06/01/2027

Period of Performance: 06/01/2027 to

05/31/2028

3001 1 EAOption period 3 - Data purchase for industrial building construction price updates

(Option Line Item)

(Anticipated Option Exercise Date) 04/01/2028

Product/Service Code: R702

Delivery: 06/01/2028

Period of Performance: 06/01/2028 to

05/31/2029

4001 1 EAOption period 4 - Data purchase for industrial building construction price updates

(Option Line Item)

(Anticipated Option Exercise Date) 04/01/2029

Product/Service Code: R702

Delivery: 06/01/2029

Period of Performance: 06/01/2029 to

05/31/2030

B - Supplies or Services/Prices C - Description/Specifications I - Contract Clauses L - Instructions, Conditions, and Notices to Bidders M - Evaluation Factors for Award

B - Supplies or Services/Prices

Item/Sub Number Description Quantity Unit of Issue Unit Price Total Item Amount

0001 Base period - Data purchase for industrial building construction data and price updates 1 EA

1001 Option period 1 - Data purchase for industrial building construction price updates 1 EA

2001 Option period 2 - Data purchase for industrial building construction price updates 1 EA

3001 Option period 3 - Data purchase for industrial building construction price updates 1 EA

4001 Option period 4 - Data purchase for industrial building construction price updates 1 EA

C - Description/Specifications

STATEMENT OF WORK FOR NEW INDUSTRIAL BUILDING MODEL DEVELOPMENT AND COST UPDATES (2025)

Purpose:

The purpose of this purchase is to update the current industrial building cost models which:

· Fully specify four regional cost models that will be updated on a quarterly basis, at a minimum

· Identify the “average” and/or most common characteristics of a new industrial building constructed between June 1, 2022, to June 1, 2025, as determined by data collected by the vendor.

· Identify trends (positive or negative) in industrial building construction.

· Aid in creating and maintaining four regional (Northeast, South, Midwest, and West) industrial building cost models and a methodology to update the costs in each of the four models on a quarterly (or more frequent) basis. The methodology shall adjust the costs for each component of the model to reflect market price movements observed within the region for which the model was designed.

Objective:

1. Obtain from the vendor a reasonably comprehensive list of new industrial building projects that were bid, under construction, or completed construction in the continental United States during the period of June 1, 2022, to June 1, 2025

2. Identify a specific project (one for each of the four major Census regions) that best reflects the “average” or typical industrial building project within that region relative to size, and any other characteristic deemed relevant by the vendor as demonstrated by data gathered for the specified time frame.

3. Have the vendor develop four detailed regional industrial building cost models. Each model shall reflect the known characteristics of the project selected as the “average” for the region.

4. Have the vendor develop and implement a methodology to update the material, labor, and installation costs for the four regional models on a quarterly basis.

SCOPE OF WORK

The data and services covered by this statement of work include everything necessary to re-specify the current industrial building models for the four major Census regions (Northeast, South, Midwest, and West) and maintain continuous calculation of BLS indexes.

This work specifically includes:

BASE PERIOD WORK

(See specific due dates under “Performance Measure” for “Base Period” and “Option Year” Deliverables.):

1. Delivery of a comprehensive list of all new industrial (see definition of ‘new’ and ‘Industrial building’ in Attachment B) buildings bid on or built in the United States between June 1, 2022, and June 1, 2025.

2. Development of four (1 per major Census region) new industrial building cost models that reflect the trends identified by the data gathered by the vendor.

3. Development of a methodology to update the costs in the four regional industrial building models on a quarterly basis reflecting market price movement within each of the regions. This methodology shall also allow BLS to select up to four assemblies (as defined in Attachment B) in each region for which specific research will be performed by the vendor.

4. Aid BLS on an ‘as needed’ basis to understand the make-up of the industrial building cost models and to evaluate any future updates to the models due to significant changes in ‘typical’ construction practices.

5. Delivery of quarterly cost updates for each of the four regional industrial building cost models.

USE OF “BLS” NAME OR LOGO:

The selected vendor shall not use the Bureau of Labor Statistics name in connection with any collection of data that is being purchased under this contract. The data being purchased shall be commercially available and not collected exclusively on behalf of the BLS. The vendor will not have access to BLS data.

PERIOD OF PERFORMANCE

Meetings (virtual meetings are acceptable) with the vendor will take place within 10 business days (and any additional days that may be deemed necessary by BLS) after each the following:

· The contract has officially been awarded.

· The receipt of the refined “project list”

· The delivery of four regional base models, one per major Census region (one meeting following each model)

· The receipt of the methodology workbook

· The receipt of each quarterly cost update

The dates for execution of the base year period contract and the option year contracts are as follows:

· Base Period: 9/8/2025 - 5/31/2026.

· Option Period 1: 6/1/2026-5/31/2027

· Option Period 2: 6/1/2027-5/31/2028

· Option Period 3: 6/1/2028-5/31/2029

· Option Period 4: 6/1/2029-5/31/2030

Source Selection Criteria

Performance Price Trade-Off (PPTO) Procedures, with technical factors are listed below. These suggested technical factors have been used in similar previous procurements:

· The number of new industrial building projects available

· The scope and method of data collection for the cost updates

· The scope and method of data collection for the list of industrial building projects

· The model development process

· The sample list of project data

DELIVERABLES

BASE PERIOD

1. “Project List.” A reasonably comprehensive list of all new industrial building projects (specified by size and Census region) in the United States that were either: (1) bid, (2) under construction, or (3) completed construction during the period of June 1, 2022, to June 1, 2025. In preparing the list of new industrial building projects it is very important that the projects meet the definition of a new industrial building. A definition of these terms is provided in Attachment B.

The information requested for each project shall include:

· Project bid date

· Construction start date

· Construction completion date

· Physical address (including city and state) where the project will be, or is being, constructed.

· Total square footage of the building

· Total cost for construction of the building, excluding land cost, external athletic and parking facilities, architectural fees, permitting fees, and any other cost not directly associated with the construction of the building itself. Construction costs should include material cost, labor cost, and installation costs.

· Cost per square foot for the building

· Total number of floors in the building above and/or below grade

· Building frame material

· Roof covering material

· Exterior wall material

· Multi-building campus site (Y/N)

· An indicator as to whether building plans/specifications are available to the vendor for use in developing the cost model. It would be desirable to include an indicator of the extent of this plan/specification information. Project plan/specification should only be listed as a “yes” if it includes all plans, schedules, and information needed to create viable model. A ranking system for projects will be developed between the vendor and BLS after contractor award.

· An indicator (yes, no, or information unavailable) that notes whether the industrial building includes solar panels or other forms of renewable energy (e.g. geothermal heating)

· Leadership in Energy and Environmental Design (LEED) Rating (when available)

Performance Measure: The project list is due to BLS forty (40) business days after the official award date.

The project list will be judged based largely (but not solely) on the accuracy of the: (1) Project total cost information; (2) Square footage information; (3) Cost per square foot information; and (4) Completeness of the project list. The completeness of the list will be evaluated by BLS independently identifying “high profile” industrial building projects in each region and checking to see if these “high profile” projects are both included in the project list and project details (e.g. square footage and construction cost information) are similar to internet sources. This list does not have to be comprehensive but should contain a reasonable number of these “high profile” projects. Similarly, details for these projects do not have to be the same but reasonably close to the BLS research details.

· Is the “total cost” estimate listed in the project file within ±30 percent of the “total cost” estimate listed on publicly available internet sites?

· Have unusually small or large “cost per square foot” estimates been reviewed for accuracy?

· Have unusually small or large “total cost” and “square footage” estimates been reviewed for accuracy?

· Do 70 percent of the “high profile” projects independently identified by BLS in any one region appear on the project list?

2. Four regional industrial building cost models. The vendor will develop a cost model of the industrial building project selected by BLS for each of the four Census regions. The cost model must go down to a level of detail such that all tasks necessary to complete the building are specified (See Attachment A at the end of this document). All building systems (plumbing, heating, and air conditioning, electrical, roofing, siding, and substructure) must be included in the model submission. The cost models must include appropriate column headers. All assembly level cost information must accurately reflect the aggregation of its lower-level cost information. Similarly, the total cost (both with and without overhead and profit) for each line in the model must accurately aggregate the material and installation costs for that line. The cost information for the assemblies and components must reflect market costs for the region that the model represents. NOTE: No partial quantities shall be listed for items which are not divisible into partial quantities. For example, ‘1.5 toilets’ is not acceptable. All quantities shall be rounded as appropriate.

Performance Measure: One completed regional cost model is due by each of the following dates:

(1) 3 Calendar Months after the Award Date

(2) 3.5 Calendar Months after the Award Date

(3) 4 Calendar Months after the Award Date and

(4) 4.5 Calendar Months after the Award Date.

These dates are firm unless different dates are mutually agreed upon or additional time is granted by BLS, via contract modification, due to unforeseen circumstances. The models are to be delivered in a Microsoft Excel format and meet the criteria specified above.

3. “Cost Update Methodology.” Develop and document the methodology to be used to update the costs in the model.

The methodology shall:

· Only use price data as collected from companies without any adjustments.

· Reflect actual prices observed in the marketplace since the previous cost update.

· Be based on a minimum sample of three companies providing price information.

· Only use cost information for the region that the model encompasses.

· Attempt to incorporate all the various costs (material, labor, equipment, fuel, etc.) which are included in the total cost of constructing a new industrial building.

· Allow BLS to select four assemblies in each of the four regions which will be updated quarterly using material, labor, and installation cost information that the vendor collects as part of their normal commercial activities.

· Obtain a minimum of three price quotes for materials surveyed by the vendor.

The document written by the vendor shall explain the methods that will be employed to update the costs in the models such that they reflect actual market costs. This document shall also:

· Detail all survey methods to be employed in the collection of information used to update the model costs.

· State the average number of companies to be contacted as part of the survey process.

· Explicitly state what types of costs (material, labor, equipment, fuel, general conditions) are and are not incorporated by this update methodology.

· Fully explain how the costs in the model are moved via the update methodology.

· Indicate all costs that will not be updated (for every period) due to non-collection or some other reason.

The methodology documentation is due not later than May 17, 2026. A ‘Satisfactory’ rating will be given if the documentation is received by the specified date and clearly explains the methods that will be employed to update the cost models. A rating higher than ‘Satisfactory’ will be given if the documentation is received before the specified date and clearly explains the methods that will be employed to update the cost models.

4. Ongoing model support. Ongoing support regarding the contents of the four regional models and any quality adjustment information required by BLS due to changes in these models. In addition, BLS may request information for noteworthy cost changes or for cost information when models or cost updates change significantly.

The vendor will assist BLS in understanding how these cost models were developed and answer specific questions concerning the selection of various materials and building systems for inclusion.

FOUR OPTION PERIODS

Four Option Year “Quarterly Cost Updates.” One year of quarterly cost updates for the four industrial building models. The cost updates for each option year are due by: June 10, September 10, December 10, and March 10. Each option year begins June 1 (starting in the year 2026) and concludes on May 31 of the following year.

· Cost updates for each of the industrial building models are delivered by the 10th of June, September, December, and March for the relevant option year, unless an extension is granted by BLS. The first month of each option year will be June. The quarterly cost updates will reflect actual changes in costs for materials, installation, and fuels observed in the marketplace since the previous cost update for each region.

One year of ongoing support of quarterly cost changes for the regional models and any quality adjustment information required by BLS due to changes in the regional models. Along with the delivery of the quarterly cost updates the vendor provides an explanation for any significant cost changes due to these updates. In addition, BLS may request information for noteworthy cost changes or for cost information when models or cost updates change significantly.

Performance Measure: The vendor provides written explanations of significant cost changes along with the model updates. In addition, the vendor will provide, with each quarterly cost update, a response to the following questions:

· Was the model reviewed in its entirety for any needed assembly modifications or replacements?

· Does the model and all the assemblies still represent typical construction practices in the respective region since the previous cost update?

· What materials/assemblies/labor costs showed significant changes from the previous cost update?

· Were there any changes to the makeup of the crews since the last cost update?

· Have there been any noteworthy shifts in trends regarding the assemblies included in the model? Are any assemblies becoming more or less commonly used which may require a change at some point in the future?

· Were all the “specifically researched assemblies” updated to incorporate changes in material and labor costs that occurred since the previous cost update?

In addition, BLS may request information for noteworthy cost changes or for cost information when models or cost updates change significantly.

LOCATION OF PERFORMANCE

All work shall be performed at the contractor’s site.

Attachment A: Illustrative Example of Detail Breakdown Required for Building Model Deliverables

Descriptio n

Quanti ty Unit

Material Cost (excludi ng overhea d and profit)

Labor/Installat ion Cost (excluding overhead and profit)

Total Cost (excludi ng overhea d and profit)

Materia l Cost (includi ng overhea d and profit)

Labor/Installat ion Cost (including overhead and profit)

Total Cost (includi ng overhea d and profit)

Level 1 (System/Major Group Element)

Substructu re

Level 2 (Sub-system/Group Element/Assembly)

Slab on Grade

Level 3 (Assembly/Compon ent)

Slab on grade, 5" thick, heavy industrial, reinforced 25,000 S.F. $ $ $ $ $ $

Level 4 (Unit/Element) Material/Installation

Fill, gravel fill, compacted, under floor slabs, 4" deep 25,000 S.F. $ $ $ $ $ $

Material/Installation

Fine grade area to be paved with grader, small area 2,750 S.Y. $ $ $ $ $ $

Material/Installation

Expansion joint, premolded, bituminous fiber, 1/2" x 6" 5,500 L.F. $ $ $ $ $ $

Material/Installation

Forms in place, SOG (slab on grade), edge forms, to 6" high, wood 750 L.F. $ $ $ $ $ $

Material/Installation

Welded wire fabric, sheets, 6 x 6 - W2.1 x W2.1 (8 x 8), 30 lb/CSF 250

C.S.

F. $ $ $ $ $ $

Material/Installation

Concrete, ready mix, regular weight, 3500 psi 375 C.Y. $ $ $ $ $ $

Material/Installation

Curing, sprayed membrane curing compound 250

C.S.

F. $ $ $ $ $ $

Material/Installation

Placing concrete, including vibration, slab on grade, 4" thick, direct chute 375 C.Y. $ $ $ $ $ $

Material/Installation

Finishing floors, monolithic, machine trowel, for finish floor 25,000 S.F. $ $ $ $ $ $

Material/Installation

Finishing floors, granolithic topping, 1:1:1-1/2 mix, 1" thick 25,000 S.F. $ $ $ $ $ $

Material/Installation

Finishing floors, hardener, metallic, heavy service, 1.0

PSF 25,000 S.F. $ $ $ $ $ $

[END OF SECTION]

Attachment B – Definitions

Term: Assembly Definition: A discrete job completed by a single type of trade contractor. Every job necessary to construct a building should be encompassed by a unique assembly.

Example: Concrete slab on grade, 5" thick, heavy industrial, reinforced.

Term: Component Definition: A unique line below the assembly level. A specific material or labor used in the completion of an assembly. A group of components are all the materials and labor necessary to complete the assembly.

Example: Ready mix, regular weight, 3500 psi. 1500 c.y. concrete for $11,500.

Term: ‘New’ and ‘New Construction’ Definition: A structure that is built from the ground up for the first time. The structure cannot be attached to, or a modification of, any previously existing structure. New construction includes erecting a building on a location where a previous building was demolished. Construction of the building must be done primarily on-site.

Term: Industrial Building Definition: A single structure used primarily to house production or assembly activities. The building may also include office and/or warehouse space, but it is predominantly used for industrial, commercial assembly, and/or manufacturing space. Structure types that shall not be considered manufacturing or industrial buildings include: refineries, petrochemical plants, water treatment plants, sewage treatment plants, pumping stations for water and sewer systems, power generation plants, industrial warehouses, ovens, kilns, cement plants, industrial incinerators, nuclear containment structures, and other non-building structures.

Term: Midwest Census Region Definition: One of the four major Census regions which includes the following states: Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota, and Wisconsin.

Term: Northeast Census Region Definition: One of the four major Census regions which includes the following states: Connecticut, Maine, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, and Vermont.

Term: South Census Region Definition: One of the four major Census regions which includes the following states: Alabama, Arkansas, Delaware, District of Columbia, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West Virginia.

Term: West Census Region Definition: One of the four major Census regions which includes the following states: Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming.

I - Contract Clauses

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

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

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

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

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

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

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

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

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to-

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

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

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

(d) Representations. The Offeror represents that-

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

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

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

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

(i) For covered equipment-

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

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

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

(ii) For covered services-

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

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

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment-

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

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

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

(ii) For covered services-

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

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

(End of provision)

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

FAR 52.209-2 Prohibition on Contracting With Inverted Domestic Corporations-Representation. (NOV 2015)

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

FAR 52.212-1 Instructions to Offerors - Commercial Products and Commercial Services. (SEP 2023)

FAR 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services. (MAY 2024)

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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. 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 prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business (SDVOSB) concern means a small business concern-

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

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

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that-

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

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

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

CFR 121.103.

Small disadvantaged business concern, consistent with 13 CFR 124.1001, means a small business concern under the size standard applicable to the acquisition, that-

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-

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

(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

(1) Not less than 51 percent of which is owned and controlled by one or more veterans (as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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

Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

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

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

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

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

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

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

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

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

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

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that-

(i) It ___ is, ___ is not a small business concern; or

(ii) It ___ is, ___ is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: _________.]

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

(3) SDVOSB concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents that it ___ is, ___ is not an SDVOSB concern.

(4) SDVOSB concern joint venture eligible under the SDVOSB Program. The offeror represents that it ___ is, ___ is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR

128.402. [Complete only if the offeror represented itself as an SDVOSB concern in paragraph (c)(3) of this provision.] [The offeror shall enter the name and unique entity identifier of each party to the joint venture:__.]

(5) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ___ is, ___ is not a small disadvantaged business concern as defined in 13 CFR 124.1001.

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

(7) WOSB joint venture eligible under the WOSB Program. The offeror represents that it ___ is, ___ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: _______________.]

(8) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it ___ is, ___ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: _____________.]

Note to paragraphs (c)(9) and (10): Complete paragraphs (c)(9) and (10) only if this solicitation is expected to exceed the simplified acquisition threshold.

(9) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this…