W56ZLW-26-Q-0003 - Combined Synopsis and Solicitation.docx

Solicitation/ Notice ID: W56ZLW-26-Q-0003 Description of Requirement: Hazardous Material Support Operations (HSMO) for Ft. Bliss, TX Date of Solicitation: Monday, April 20, 2026 Solicitation Type: Request for Quote Solicitation Description: This requirement is for a commercial hazardous material management service that provides the Ft. Bliss U.S. Government installation with centralized capability to receive, verify, store, track, control and issue hazardous materials in support of installation logistics operations.

Issued by: 418th Contracting Support Brigade (CSB) No. of Amendments: Click or tap here to enter text.

This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with FAR Part 12. This announcement constitutes the only solicitation. Offers are being requested and a separate written solicitation will not be issued. Prospective awardees must be registered in System for Award Management (SAMs) prior to invoicing. Information on registering in SAMs may be obtained at https://www.sam.gov. The provisions FAR 52.212-1 Instruction to Offerors – Commercial Items and FAR 52.212-3 Offeror Representations and Certifications- Commercial Items apply to this acquisition. The clause FAR 52.212-4 Contract Terms and Conditions - Commercial Items and 52.212-5 Contract Terms and Conditions Required To Implement Statutes Or Executive Orders - Commercial Items apply to this acquisition. The contractor shall comply with all Federal, State, and Local regulations.

NAICS Code: 562112 This acquisition set side for Small Business with a size standard $47 million dollars. This solicitation incorporates provisions and clauses by reference. The full text of provisions and clauses may be accessed electronically at www.acquisition.gov.

of Enter size standard in accordance with NAICS employees. This solicitation incorporates provisions and clauses by reference. The full text of provisions and clauses may be accessed electronically at www.acquisition.gov.

REQUEST FOR QUOTATION FOR THE FOLLOWING SUPPLIES/SERVICES:

shall perform all actions necessary to assume full performance of Hazardous Material Supply Operations (HMSO) at the start of the base period in accordance with PWS Sections 1.3 (Contractor Personnel Requirements), 1.4 (Planning and Resource Management), 1.6 (Quality Program), 1.7 (Environmental Requirements), 1.8 (Safety Requirements), and 3.1 (Government Furnished Property and Services). Phase-in activities include recruitment and onboarding of personnel; obtaining required certifications, licenses, and background checks; establishing the Occupational Reliability Program (ORP); completing required training (e.g., environmental, safety, HAZWOPER, TARP, SAPR);

establishing accounting, reporting, and quality systems; coordinating access to Government furnished facilities, systems, and property; and completing all preparatory tasks required to begin full performance on Day 1 of the base period. Phase-in services are nonrecurring.

Pricing Arrangement: Firm Fixed Price

PSC: S222

personnel,management,supervision,equipment, tools, materials, and services necessary to perform Hazardous Material Supply Operations (HMSO) in accordance with the PWS, including receiving, storing, issuing, tracking, and managing hazardous materials;

maintaining environmental, safety, and security compliance; and supporting all installation customers.

Includes: All labor, supervision, training, PPE, reporting, and compliance requirements under PWS Sections C1 through C5.

Pricing Arrangement: Firm Fixed Price

PSC: S222

The Contractor shall provide incidental supplies, materials, consumables, and other allowable direct costs necessary to support Hazardous Material Supply Operations (HMSO) when such items are required to maintain continuity of operations and are not reasonably included in the Firm‑Fixed‑Price CLINs. Allowable ODCs include but are not limited to: replacement labels and barcodes; spill‑response consumables; packaging and repackaging materials; PPE items not issued as part of normal operations; specialized HAZMAT handling supplies; and costs associated with Government‑directed training, certifications, or licensing as authorized under PWS Section 1.3.2.2. All ODC purchases must be pre‑approved in writing by the Contracting Officer. Reimbursement shall be on a Cost‑No‑Fee basis in accordance with FAR Part 31 and shall not exceed the amount listed below.

Pricing Arrangement: Cost No Fee

PSC: S222

$5,000 Not to Exceed

$5,000

CDRLs identified in the PWS and DD Form 1423, including but not limited to: -PM01 Contractor Employee Information List -PM10 Sexual Assault/Harassment Training Plan - Environmental, Safety, and Quality Program documentation -Any recurring reports required under PWS Sections 1.3, 1.6, 1.7, 1.8, and

1.10 All CDRLs are NSP because

they are integral to the performance of CLIN 0001.

Pricing Arrangement: Firm Fixed Price

PSC: S222

manpower data into the Army's Contractor Manpower Reporting Application (CMRA) / Enterprise CMRA (ECMRA) in accordance with DFARS 252.2377023 and PWS administrative requirements. This requirement is NSP because it is a mandatory reporting function associated with CLIN 0001.

Pricing Arrangement: Firm Fixed Price

PSC: S222

personnel,management,supervision,equipment, tools, materials, and services necessary to perform Hazardous Material Supply Operations (HMSO) in accordance with the PWS, including receiving, storing, issuing, tracking, and managing hazardous materials;

maintaining environmental, safety, and security compliance; and supporting all installation customers.

Includes: All labor, supervision, training, PPE, reporting, and compliance requirements under PWS Sections C1 through C5.

Pricing Arrangement: Firm Fixed Price

PSC: S222

The Contractor shall provide incidental supplies, materials, consumables, and other allowable direct costs necessary to support Hazardous Material Supply Operations (HMSO) when such items are required to maintain continuity of operations and are not reasonably included in the Firm‑Fixed‑Price CLINs. Allowable ODCs include but are not limited to: replacement labels and barcodes; spill‑response consumables; packaging and repackaging materials; PPE items not issued as part of normal operations; specialized HAZMAT handling supplies; and costs associated with Government‑directed training, certifications, or licensing as authorized under PWS Section 1.3.2.2. All ODC purchases must be pre‑approved in writing by the Contracting Officer. Reimbursement shall be on a Cost‑No‑Fee basis in accordance with FAR Part 31 and shall not exceed the amount listed below.

Pricing Arrangement: Cost No Fee

PSC: S222

$5,000 Not to Exceed

$5,000

CDRLs identified in the PWS and DD Form 1423, including but not limited to: -PM01 Contractor Employee Information List -PM10 Sexual Assault/Harassment Training Plan - Environmental, Safety, and Quality Program documentation -Any recurring reports required under PWS Sections 1.3, 1.6, 1.7, 1.8, and

1.10 All CDRLs are NSP because

they are integral to the performance of CLIN 1001.

Pricing Arrangement: Firm Fixed Price

PSC: S222

manpower data into the Army's Contractor Manpower Reporting Application (CMRA) / Enterprise CMRA (ECMRA) in accordance with DFARS 252.2377023 and PWS administrative requirements. This requirement is NSP because it is a mandatory reporting function associated with CLIN 1001.

Pricing Arrangement: Firm Fixed Price

PSC: S222

personnel,management,supervision,equipment, tools, materials, and services necessary to perform Hazardous Material Supply Operations (HMSO) in accordance with the PWS, including receiving, storing, issuing, tracking, and managing hazardous materials;

maintaining environmental, safety, and security compliance; and supporting all installation customers.

Includes: All labor, supervision, training, PPE, reporting, and compliance requirements under PWS Sections C1 through C5.

Pricing Arrangement: Firm Fixed Price

PSC: S222

The Contractor shall provide incidental supplies, materials, consumables, and other allowable direct costs necessary to support Hazardous Material Supply Operations (HMSO) when such items are required to maintain continuity of operations and are not reasonably included in the Firm‑Fixed‑Price CLINs. Allowable ODCs include but are not limited to: replacement labels and barcodes; spill‑response consumables; packaging and repackaging materials; PPE items not issued as part of normal operations; specialized HAZMAT handling supplies; and costs associated with Government‑directed training, certifications, or licensing as authorized under PWS Section 1.3.2.2. All ODC purchases must be pre‑approved in writing by the Contracting Officer. Reimbursement shall be on a Cost‑No‑Fee basis in accordance with FAR Part 31 and shall not exceed the amount listed below.

Pricing Arrangement: Cost No Fee

PSC: S222

$5,000 Not to Exceed

$5,000

CDRLs identified in the PWS and DD Form 1423, including but not limited to: -PM01 Contractor Employee Information List -PM10 Sexual Assault/Harassment Training Plan - Environmental, Safety, and Quality Program documentation -Any recurring reports required under PWS Sections 1.3, 1.6, 1.7, 1.8, and

1.10 All CDRLs are NSP because

they are integral to the performance of CLIN 2001.

Pricing Arrangement: Firm Fixed Price

PSC: S222

manpower data into the Army's Contractor Manpower Reporting Application (CMRA) / Enterprise CMRA (ECMRA) in accordance with DFARS 252.2377023 and PWS administrative requirements. This requirement is NSP because it is a mandatory reporting function associated with CLIN 2001.

Pricing Arrangement: Firm Fixed Price

PSC: S222

personnel,management,supervision,equipment, tools, materials, and services necessary to perform Hazardous Material Supply Operations (HMSO) in accordance with the PWS, including receiving, storing, issuing, tracking, and managing hazardous materials;

maintaining environmental, safety, and security compliance; and supporting all installation customers.

Includes: All labor, supervision, training, PPE, reporting, and compliance requirements under PWS Sections C1 through C5.

Pricing Arrangement: Firm Fixed Price

PSC: S222

The Contractor shall provide incidental supplies, materials, consumables, and other allowable direct costs necessary to support Hazardous Material Supply Operations (HMSO) when such items are required to maintain continuity of operations and are not reasonably included in the Firm‑Fixed‑Price CLINs. Allowable ODCs include but are not limited to: replacement labels and barcodes; spill‑response consumables; packaging and repackaging materials; PPE items not issued as part of normal operations; specialized HAZMAT handling supplies; and costs associated with Government‑directed training, certifications, or licensing as authorized under PWS Section 1.3.2.2. All ODC purchases must be pre‑approved in writing by the Contracting Officer. Reimbursement shall be on a Cost‑No‑Fee basis in accordance with FAR Part 31 and shall not exceed the amount listed below.

Pricing Arrangement: Cost No Fee

PSC: S222

$5,000 Not to Exceed

$5,000

CDRLs identified in the PWS and DD Form 1423, including but not limited to: -PM01 Contractor Employee Information List -PM10 Sexual Assault/Harassment Training Plan - Environmental, Safety, and Quality Program documentation -Any recurring reports required under PWS Sections 1.3, 1.6, 1.7, 1.8, and

1.10 All CDRLs are NSP because

they are integral to the performance of CLIN 3001.

Pricing Arrangement: Firm Fixed Price

PSC: S222

manpower data into the Army's Contractor Manpower Reporting Application (CMRA) / Enterprise CMRA (ECMRA) in accordance with DFARS 252.2377023 and PWS administrative requirements. This requirement is NSP because it is a mandatory reporting function associated with CLIN 3001.

Pricing Arrangement: Firm Fixed Price

PSC: S222

personnel,management,supervision,equipment, tools, materials, and services necessary to perform Hazardous Material Supply Operations (HMSO) in accordance with the PWS, including receiving, storing, issuing, tracking, and managing hazardous materials;

maintaining environmental, safety, and security compliance; and supporting all installation customers.

Includes: All labor, supervision, training, PPE, reporting, and compliance requirements under PWS Sections C1 through C5.

Pricing Arrangement: Firm Fixed Price

PSC: S222

The Contractor shall provide incidental supplies, materials, consumables, and other allowable direct costs necessary to support Hazardous Material Supply Operations (HMSO) when such items are required to maintain continuity of operations and are not reasonably included in the Firm‑Fixed‑Price CLINs. Allowable ODCs include but are not limited to: replacement labels and barcodes; spill‑response consumables; packaging and repackaging materials; PPE items not issued as part of normal operations; specialized HAZMAT handling supplies; and costs associated with Government‑directed training, certifications, or licensing as authorized under PWS Section 1.3.2.2. All ODC purchases must be pre‑approved in writing by the Contracting Officer. Reimbursement shall be on a Cost‑No‑Fee basis in accordance with FAR Part 31 and shall not exceed the amount listed below.

Pricing Arrangement: Cost No Fee

PSC: S222

$5,000 Not to Exceed

$5,000

CDRLs identified in the PWS and DD Form 1423, including but not limited to: -PM01 Contractor Employee Information List -PM10 Sexual Assault/Harassment Training Plan - Environmental, Safety, and Quality Program documentation -Any recurring reports required under PWS Sections 1.3, 1.6, 1.7, 1.8, and

1.10 All CDRLs are NSP because

they are integral to the performance of CLIN 4001.

Pricing Arrangement: Firm Fixed Price

PSC: S222

manpower data into the Army's Contractor Manpower Reporting Application (CMRA) / Enterprise CMRA (ECMRA) in accordance with DFARS 252.2377023 and PWS administrative requirements. This requirement is NSP because it is a mandatory reporting function associated with CLIN 4001.

Pricing Arrangement: Firm Fixed Price

PSC: S222

services at the rates of the last exercised period.

Pricing Arrangement: Firm Fixed Price

PSC: S222

shall perform all actions necessary to transition HMSO operations to the Government or a successor contractor at the end of the period of performance in accordance with PWS Sections 1.3 (Contractor Personnel Requirements), 1.4 (Planning and Resource Management), 3.1 (Government Furnished Property and Services), and 5.1-5.2 (Supply and HAZMAT Operations). Phase-out activities include inventory reconciliation;

turnover of Government Furnished Property (GFP); transfer of records, data, and reports; closeout of hazardous material documentation;

final updates to LIS systems;

coordination with the incoming contractor; and support to Government directed transition meetings. Phase-out services are nonrecurring and are not subject to FAR 52.217-8 extension pricing.

Pricing Arrangement: Firm Fixed

PSC: S222

DELIVERY SCHEDULE/INSPECTION AND ACCEPTANCE TERMS:

CONTIUNATION OF DELIVERIES OR PERFORMANCE:

FOB: Destination

FOB: Destination

Please provide FOB Destination pricing and a delivery schedule (with your offer) for the address(es) specified in the delivery information above.

The closing date and time for quote submission is: Sunday, May 3, 2026, COB, 11:59 p.m. (CDT). Offers received after this date and time may be considered non-responsive and will not be given further consideration. Please provide all submissions to Government Point of Contact:

Contracting Officer: SSG Shavon Scott Contracting Officer Email: shavon.a.scott2.mil@army.mil

Contract Specialist: SFC Marvin Hopkins Jr.

Contract Specialist Email: marvin.e.hopkins4.mil@army.mil

All offerors must comply with the requirements identified above. Failure to comply may result in disqualification from further consideration. The resulting award will be a Firm‑Fixed‑Price (FFP) contract that includes a Cost‑No‑Fee (CNF) Contract Line Item Number (CLIN).

Clauses and Provisions Incorporated by Reference

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) 52.204‑7 System for Award Management (NOV 2024) 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (JAN 2025) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. (NOV 2015) 52.216-11 Cost Contract-No Fee. (APR 1984) 52.219-8 Utilization of Small Business Concerns. (JAN 2025) 52.219-14 Limitations on Subcontracting. (OCT 2025) 52.222-35 Equal Opportunity for Veterans. (JUN 2020) 52.222-36 Equal Opportunity for Workers with Disabilities. (JUN 2020) 52.222-37 Employment Reports on Veterans. (JUN 2020) 52.222-41 Service Contract Labor Standards. (AUG 2018) 52.222-42 Statement of Equivalent Rates for Federal Hires. (MAY 2014) 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts). (AUG 2018) 52.222-44 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment. (MAY 2014) 52.222-50 Combating Trafficking in Persons. (OCT 2025) 52.222-54 Employment Eligibility Verification. (JAN 2025) 52.222-62 Paid Sick Leave Under Executive Order 13706. (JAN 2022) 52.223-23 Sustainable Products.

52.224-3 Privacy Training. (JAN 2017) 52.225-1 Buy American-Supplies (OCT 2022) 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving. (MAY 2024) 52.232-20 Limitation of Funds. (APR 1984) 52.232-25 Prompt Payment (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. (OCT 2018) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (MAR 2023) 52.233-3 Protest after Award. (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) 52.244-6 Subcontracts for Commercial Products and Commercial Services. (OCT 2025) 52.229-11 Tax on Certain Foreign Procurements—Notice and Representation.

52.245-1 Government Property. (SEP 2021) 52.245-9 Use and Charges. (APR 2012) 52.237-3 Continuity of Services. (JAN 1991) 252.201-7000 Contracting Officer's Representative. (DEC 1991) 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. (DEC 2022) 252.204-7004 Antiterrorism Awareness Training for Contractors. (JAN 2023) 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support.

252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. (SEP 2014) 252.223-7008 Prohibition of Hexavalent Chromium. (JAN 2023) 252.225-7048 Export-Controlled Items. (JUN 2013) 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. (DEC 2018) 252.237-7023 Continuation of Essential Contractor Services. (OCT 2010) 252.237-7024 Notice of Continuation of Essential Contractor Services. (OCT 2010) 252.204-7020 NIST SP 800-171DoD Assessment Requirements. (NOV 2023) 252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region–Representation (JUN 2023) 252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region. (JUN 2023 252.223-7001 Hazard Warning Labels. (DEC 1991) 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. (SEP 2014) 252.223-7008 Prohibition of Hexavalent Chromium. (JAN 2023) 252.232-7007 Limitation of Government Obligation. (APR 2014) 252.245-7003 Contractor Property Management System Administration (JAN 2025)

Clauses and Provisions Incorporated in Full Text FAR 52.212-1- Instructions to the Offerors Addendum Solicitation Number: W56ZLW‑26‑Q‑0003 Date: 20 April, 2026

1. Purpose This addendum modifies the instructions in FAR 52.212‑1 for this solicitation. It provides the solicitation schedule, submission requirements, and points of contact. All other provisions of FAR 52.212‑1 remain in effect.

2. Solicitation Schedule Solicitation Release: 20 April, 2026 Questions Due: 26 April 2026, 9:00 AM Central Time Responses to Questions Posted: NLT 28 April, 2026, 12 PM Central Time Quote Due Date & Time: 03 May 2026, 12:59 PM Central Time Quotes received after the due date and time will not be considered.

3. Submission Instructions Quotes shall be submitted electronically to:

Primary: shavon.a.scott2.mil@army.mil Alternate: marvin.e.hopkins4.mil@army.mil Quotes must include the following:

· Volume I – Technical Submission

· Volume II – Price Submission

· Past Performance Information Quotes shall be submitted in PDF format, 8.5” x 11”, minimum 11‑point font. Marketing materials, corporate brochures, resumes, or management plans will not be evaluated.

4. Sanitized Copy Requirement Offerors shall submit a sanitized version of Volume I – Technical Submission with all company‑identifying information removed. The sanitized version shall:

· Remove company names, logos, branding, watermarks, and proprietary markings.

· Remove employee names, titles, or identifiers.

· Remove references that would reveal corporate identity (e.g., “As ABC Logistics has done for 20 years…”).

· Retain all technical content necessary for evaluation.

The sanitized version will be used for impartial technical evaluation. Failure to provide a sanitized version may result in the quote being deemed non‑compliant.

5. Technical Submission Requirements The technical submission shall demonstrate the offeror’s ability to meet the minimum performance requirements of the Performance Work Statement (PWS). Submissions shall address:

· Ability to perform HMSO tasks including receiving, verifying, storing, issuing, and tracking hazardous materials in accordance with PWS Sections C‑1 through C‑5.

· Ability to meet required processing timelines (same‑day processing; next‑day for large shipments).

· Compliance with environmental, safety, and regulatory requirements (OSHA, EPA, DOT, DoD, Army).

· Ability to provide 10% surge capacity as required by PWS Section 1.2.5.

· Confirmation that personnel will possess required certifications (HAZWOPER, TARP, ORP, and others identified in the PWS).

· Approach to maintaining required training, quality controls, and non‑personal services compliance.

The Government will evaluate only whether the submission demonstrates the ability to meet the minimum PWS requirements.

6. Price Submission Requirements Offerors shall complete the pricing schedule in Section B. Prices shall be firm‑fixed‑price (except ODC CLINs) and shall include all labor, supervision, equipment, materials, and indirect costs.

7. Past Performance Submission Requirements Offerors shall provide up to three recent and relevant contracts performed within the last five years. For each contract, provide:

· Contract number

· Customer name

· Description of work

· Period of performance

· Dollar value

· Point of contact with email and phone number Offerors with no past performance will receive no advantage or disadvantage. The Government may consider information from any source, including CPARS and other Government records.

8. Point of Contact All questions must be submitted in writing to BOTH:

Primary: shavon.a.scott2.mil@army.mil Alternate: marvin.e.hopkins4.mil@army.mil

9. Disclaimer This addendum supplements FAR 52.212‑1 and does not change its core requirements. Offerors remain responsible for complying with all applicable regulations and instructions.

FAR 52.212-2 Evaluation of Commercial Items Addendum Solicitation Number: W56ZLW‑26‑Q‑0003 Date: 20 April, 2026

1. Purpose This addendum supplements FAR 52.212‑2 for this commercial acquisition conducted under FAR Part 12 in accordance with the Revolutionary FAR Overhaul (RFO). It provides the evaluation factors and methodology.

2. Evaluation Factors The Government will evaluate quotes using the following factors:

Factor 1: Technical Capability The Government will evaluate whether the quote demonstrates the ability to meet all minimum requirements of the PWS. Considerations may include the offeror’s approach to:

· Required hazardous material processing timelines

· Regulatory compliance (environmental, safety, OSHA/EPA/DOT/DoD/Army)

· Surge capacity

· Required certifications

· Quality control and training requirements

· Non‑personal services compliance Quotes that fail to demonstrate the ability to meet one or more minimum PWS requirements will be rated Unacceptable and will not be further considered.

Factor 2: Price Price will be evaluated solely for reasonableness in accordance with commercial purchasing practices under FAR Part 12. The Government may consider:

· Market information

· Historical pricing

· Comparison among received quotes Price will not be rated. Quotes with prices determined to be unreasonable may be removed from consideration.

Factor 3: Past Performance The Government will evaluate past performance to determine whether the offeror has a record of performing relevant work in a satisfactory manner. Considerations may include:

· Quality of performance

· Timeliness

· Customer satisfaction

· Management of personnel and resources

· Regulatory compliance

In accordance with DFARS 252.204‑7024, the Government will consider SPRS data as part of the performance risk assessment. The Government may use information from any source, including CPARS, SPRS, and other Government records. Past performance will be assessed as Satisfactory, Unsatisfactory, or Neutral for purposes of determining eligibility for award. Offerors with no past performance will be evaluated as Neutral.

3. Evaluation Methodology Evaluation will occur in three steps:

1. Technical Review – The Government will determine whether the quote meets the minimum PWS requirements.

1. Past Performance Review – The Government will assess whether past performance, including SPRS data as required by DFARS 252.204‑7024, indicates a reasonable expectation of successful performance.

1. Price Review – Quotes meeting the minimum technical requirements and demonstrating satisfactory or neutral past performance will be evaluated for price reasonableness.

4. Basis for Award Award will be made to the offeror whose quote:

· Meets the minimum technical requirements of the PWS,

· Demonstrates satisfactory or neutral past performance (including SPRS review), and

· Offers the lowest evaluated reasonable price to the Government.

The Government may communicate with offerors as needed to clarify submissions consistent with FAR Part 12 commercial practices.

5. Disclaimer This addendum supplements FAR 52.212‑2 and does not change its core requirements. Offerors remain responsible for complying with all applicable regulations and instructions.

(End of Provision Addendum)

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.

Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sep 2024)

(a) Definitions. As used in this provision-"Lobbying contact" has the meaning provided at 2 U.S.C. 1602(8). The terms "agency," "influencing or attempting to influence," "officer or employee of an agency," "person," "reasonable compensation," and "regularly employed" are defined in the FAR clause of this solicitation entitled "Limitation on Payments to Influence Certain Federal Transactions" ( 52.203-12).

(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled "Limitation on Payments to Influence Certain Federal Transactions" ( 52.203-12) are hereby incorporated by reference in this provision.

(c) Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this contract.

(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to civil penalties as provided in 31 U.S.C. 1352. An imposition of a civil penalty does not prevent the Government from seeking any other remedy that may be applicable.

(End of provision)

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

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

(a) Definition. As used in this provision- Internal confidentiality agreement or statement, subcontract, and subcontractor , are defined in the clause at 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(b) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(End of provision)

52.212-1 Instructions to Offerors—Commercial Products and Commercial Services.

Instructions to Offerors—Commercial Products and Commercial Services (Sep 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition— (1)Is set aside for small business and has a value above the simplified acquisition threshold;

(2)Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or (3)Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

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

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

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

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

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

(9) Acknowledgment of Solicitation Amendments;

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

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

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

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

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

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

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

(2)

(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

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

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

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

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

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

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

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

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

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

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

(1)

(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101–29, and copies of Federal specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the address in paragraph (i)(1)(i) of this provision.

(2) Most unclassified Defense specifications and standards may be downloaded from the ASSIST website at https://assist.dla.mil.

(3) Defense documents not available from the ASSIST website may be requested from the Defense Standardization Program Office by—

(i) Using the ASSIST feedback module ( https://assist.dla.mil/feedback); or

(ii) Contacting the Defense Standardization Program Office by telephone at 571–767–6688 or email at assisthelp@dla.mil.

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

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

(k) [Reserved]

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

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

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

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

(4) A summary of the rationale for award;

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

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

(End of provision)

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services.

Offeror Representations and Certifications—Commercial Products and Commercial Services (Oct 2025) 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…