W912P8-25-Q-0032 Combined Synopsis-Solicitation.pdf

UNRESTRICTED PROCUREMENT WITH A RESERVE FOR SMALL BUSINESS SET-ASIDE CONCERNS:

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

NAICS Code: 541380.

The U.S. Army Corps of Engineers, New Orleans District, has a requirement for Engineering Testing and Inspections Services. This requirement is being issued as Unrestricted with a Reserve for Small Business Set-Aside concerns under Request for Quote (RFQ) No. W912P825Q0032, and is being procured as a Blanket Purchase Agreement (BPA) under FAR Part 13.303. The Government anticipates awarding one or more five (5) year BPAs from this solicitation from which future BPA calls will be placed against. BPAs will be awarded to the responsible offerors whose offer conforms to the solicitation and has the lowest reasonable price. The BPA will have an estimated $5,000,000.00 ceiling.

The NAICS code for this procurement is 541380– Testing Laboratories and Services with a size standard of $19,500,000.00. This procurement is being conducted in accordance with regulations at FAR Part 12 – Acquisition of Commercial Items, FAR Part 13 – Simplified Acquisition Procedures and FAR Part 37 Service Contracting.

AUTHORIZED CALLERS:

Warranted contracting officers and authorized individuals of the New Orleans District may place individual Calls against this BPA to place orders for less than $25,000.00 per call. Only authorized individuals are authorized to place orders (calls) under this BPA, and the Contractor shall not accept, nor is the Government liable, for payment of orders made by anyone other than authorized individuals. Any changes in the names of the authorized individuals shall be made only by the Contracting Officer.

The list of authorized Call Officers will be available upon issuance of award.

SUPPLIES OR SERVICES AND PRICES:

Each BPA vendor (Engineering Testing and Inspection firms) shall provide a fee schedule based on the forementioned Scope of Work that includes services they can provide and a unit rate for each. BPA vendors are not required to bid on the products, personnel, or services they do not have the capabilities to provide. Services that require additional information to provide an accurate price may be listed as TBD. Where applicable, each Testing and Inspection service item should include a brief description of what the unit rate includes.

All field testing shall be blanketed under the inspector's hourly rate. For example, the hourly rate for ACI Concrete Technician may include testing for slump, air content and temperature. Furthermore, consumables shall be reimbursed such that they are necessary for the completion of the requested weld/paint testing. For example, UT couplant is necessary for the successful performance of the ultrasonic non-destructive weld test. The following is reference fee schedule and is not inclusive of all services that may be requested.

Unit prices are estimated yearly amounts, pricing will be reviewed yearly to identify market increases/decreases within the industry and a negotiated modification may be issued if appropriate. A 2.5% escalation rate will be incorporated annually into the BPA over the 5 year period of performance.

Description Unit Price

CLIN Soils Lab Testing

ASTM D-698 Standard Laboratory Compaction Characteristics of Soil Using Standard Effort (5-Point Proctor, Moist Prep Method) EACH

ASTM D-698 Standard Laboratory Compaction Characteristic Using Standard Effort (I-Point Proctor, Moist Prep Method) EACH

ASTM D-854 Standard Test for Specific Gravity of Soil Solids by the Water Displacement Method EACH

ASTM D-1140 Amount of Material in Soils Finer than No. 200 (75 um) Sieve in Soils by Washing EACH

ASTM D-1557 Standard Laboratory Compaction Characteristics of Soil Using Modified Effort (5-Point Proctor, Moist Prep Method) EACH

ASTM D-1557 Standard Laboratory Compaction Characteristics of Soil Using Modified Effort ( I-Point Proctor, Moist Prep Method) EACH

ASTM D-2166 Standard Test for Unconfined Compression Strength of Cohesive Soil EACH

ASTM D-2216 Standard Test for Laboratory Determination of Water (Moisture) Content of Soil and Rock by Mass (Oven Method) EACH

09 ASTM D-2487 Standard Practice for Classification of Soils for Engineering Purposes EACH

ASTM D-2974 Standard Test for Determining the Water (Moisture) Content, Ash Content, and Organic Material of Peat and Other Organic Soils EACH

ASTM D-4253 Standard Test Methods for Maximum Index Density and Unit Weight of Soils Using a Vibratory Table EACH

ASTM D-4254 Standard Test Methods for Minimum Index Density and Unit Weight of Soils Using a Vibratory Table EACH

13 ASTM D-4318 Standard Test Methods for Liquid Limit, Plastic Limit, and Plasticity Index of Soils EACH

ASTM D-4643 Standard Test Method for Determination of Water (Moisture) Content of Soil and Rock by Mass (Microwave Oven Method) EACH

15 ASTM D-6913 Standard Test Methods for Particle-Size Distribution (Gradation) of Soils Using Sieve Analysis EACH

16 Soil Salinity Content Testing EACH

CLIN Concrete Lab Testing

17 ASTM C-39 Standard Test Method for Compressive Strength of Cylindrical Concrete Specimens EACH

18 ASTM C-117 Standard Test Method for Materials Finer than No. 200 Sieve in Mineral Aggregates by Washing EACH

19 ASTM C-136 Standard Test Method for Sieve Analysis of Fine and Coarse Aggregates EACH

ASTM C-138 Standard Test Method for Density (Unit Weight), Yield, and Air Content (Gravimetric) of Concrete EACH

CLIN

General Testing

21 Bolt Torque Wrench (Calibrated) EACH

A370, A615 Tension of Metallic Materials (Reinforcing Bars) EACH

A370, A615 Bend Test of Metallic Materials (Reinforcing Bars) EACH

24 Noise & Vibration monitoring with equipment HOUR 25 Vibration monitoring with equipment Analytical Testing HOUR

CLIN Professional, Office, Field 26 Project Manager HOUR 27 Project Engineer HOUR 28 Civil Engineer Technician HOUR 29 Secretary HOUR 30 ICC Soils Special Inspector HOUR

31 ACI Concrete Field Testing Technician - Grade 1/ ICC Reinforced Concrete Inspector HOUR

32 AWS Certified Welding Inspector - Level II HOUR 33 NACE/AMPP Certified Coating Inspector - Level II HOUR 34 Structural Steel & Bolt Special Inspector HOUR 35 ASNT/NDT Technician Level III HOUR

CLIN PROJECT & TESTING RESOURCES

36 Consumables for Weld/Paint Testing TBD 37 Portable Generator DAY 38 Materials, Rental Equipment & 3rd Party Services TBD

CLIN TRAVEL

39 Per Diem Mileage PERFTR 40 Per Diem Lodging PERFTR 41 Per Diem Meals PERFTR

JUSTIFICATION FOR BPA

Blanket Purchase Agreements are required to be made with Engineering Testing and Inspection firms that have qualifications to perform specific services outlined in the scope of work of this document. Services associated with aggregates, concrete, masonry, rock or soil should have current validations authorized by the USACE Materials Testing Center (MTC) of the Engineer Research and Development Center (ERDC). ER 1110-1- 261 provides the requirement to utilize only testing laboratories validated by the MTC.

Engineering Testing and Inspection firm's requirements for specialized field services including soils, concrete, welding, coating, and vibration inspections shall have qualifications that meet applicable industry standards.

MTC maintains the database of currently validated laboratories at the following website, which is updated as changes occur:

https://mtc.erdc.dren.mil/

These laboratories have been inspected by the MTC and have been validated to conduct specific tests. The list of test methods commonly required for Quality Assurance is provided at the website above. Construction Division requires the ability and flexibility of utilizing these laboratories to conduct field tests on short notice and provide testing results on a timely basis. Testing Laboratory Invoices shall be sent each month to USACE Construction Division's Quality Assurance Branch for payment within 30 days.

SPECIFICATIONS

The material tests shall be ordered by Contract Officers or Authorized Call Officers from Engineering Testing and Inspection firms that have been validated by the Materials Testing Center (MTC) and/or have the applicable qualifications for the services requested. The laboratory will inform the Call Officer of its ability to conduct the required tests at the specified location and time. If the laboratory is unable to perform the request, the Call Officer will utilize another Engineering Testing and Inspection firm.

Engineering Testing and Inspection firms shall reference the current New Orleans Construction Control Manual for procedures on specific testing/inspection procedures.

Laboratories shall expedite tests ordered by the Call Officers (indicated by the appropriate request form) in a professional and reasonable time frame to prevent test results from adversely impacting the project schedule. If test methods require additional time to complete, the Engineering Testing and Inspection manager shall contact the Call Officers to discuss the anticipated completion time frame.

Travel expenses under this BPA will be reimbursed in accordance with the Federal Travel Regulation (FTR) rates as published by the U.S. General Services Administration (GSA), including per diem, lodging, and mileage rates. Reimbursement is subject to the following conditions:

• Lodging rates shall not exceed the applicable maximum per diem lodging rates as listed on the GSA website for the location of travel. Reimbursable costs for lodging shall include the maximum lodging rate plus state and local taxes incurred. The lodging invoice must be provided for these expenses to be reimbursed.

• Mileage reimbursement shall be based on the most current privately owned vehicle (POV) mileage rates as set by the GSA. Furthermore, mileage expenses will only be reimbursable between the laboratory and the jobsite where testing is requested, unless otherwise approved by an Authorized Call Officer.

• Meals and incidental expenses (M&IE) reimbursement shall not exceed the applicable daily M&IE rates set by the GSA for the specific travel destination. Receipts for individual meal expenses are not required unless otherwise specified by the Authorized Call Officer.

GSA Published Per Diem Lodging+ Meal Rates:

https://www.gsa.gov/travel/plan-book/per-diem-rates

GSA Published Per Diem Mileage Rate:

https://www.gsa.gov/trave1/plan-a-trip/transportation-airfare-rates-pov-rates-etc/privately-owned-vehic le-pov-mileage-reimbursement

DEFINITIONS

ACI I American Concrete Institute

AMPP Association for Materials Protection and Performance

ASNT American Society for Nondestructive Testing

ASTM American Society for Testing and Materials

AWS I American Welding Society

ICC International Code Council

NACE National Association of Corrosion Engineers

NDT I Non-Destructive Testing

SCOPE OF WORK

For work that involves aggregates, concrete, masonry, rock or soil laboratory testing the Engineering Testing and Inspection firm shall, at its own expense, obtain and maintain validation as an approved testing laboratory by the Materials Testing Center (MTC) of the Engineering Research and Development Center (ERDC). This shall be done in accordance with ER 1110-1- 8100 and ER 1110-1-261.

For work that involves vibration, steel, steel reinforcing bars, coatings inspections and other specialized construction material testing and inspection the Engineering Testing and Inspection firm should maintain personnel, procedures and equipment that meet applicable industry standards.

The comprehensive list of tests, personnel, project & testing resources, and travel CLIN which are provided for informational purposes to outline the anticipated requirements for this BPA include:

SOILS LAB TESTING

ASTM D-698 Standard Laboratory Compaction Characteristics Using Standard Effort (Moist Prep Proctor) ASTM D-698 Standard Laboratory Compaction Characteristics Using Standard Effort (1 Point Moist Prep Proctor) ASTM D-854 Specific Gravity ASTM D-1140 Amount of Material in Soils Finer than No. 200 (75 um) Sieve ASTM D-1557 Modified Laboratory Compaction Characteristic (Moist Prep Proctor) ASTM D-2166 Unconfined compression tests ASTM D-2216 Water (Moisture) Content of Soil and Rock by Mass (Oven) ASTM D-2487 Soil Classification ASTM D-2974 Organic Soils Test ASTM D-4253 Relative Density Maximum ASTM D-4254 Relative Density Minimum ASTM D-4318 Liquid and Plastic limits test ASTM D-4643 Water (Moisture) Content of Soil and Rock by Mass (Microwave) ASTM D-6913 Grain size analysis - sieve only

SOILS FIELD TESTING

ASTM D-1452 Sampling by Auger Borings ASTM D-1556 Density of Soil by Sand Cone Method ASTM D-6938 Density of Soil by Nuclear Method

CONCRETE LAB TESTING

ASTM C-39 Compressive Strength of Cylindrical Concrete Specimens ASTM C-117 Materials Finer than No. 200 Sieve in Aggregates by Washing ASTM C-136 Sieve Analysis of Fine and Coarse Aggregates

CONCRETE FIELD TESTING

ASTM C-31 Making and Curing Concrete Test Specimens ASTM C-138 Density (Unit Weight), Yield, and Air Content (Gravimetric) of Concrete ASTM C-143 Slump of Hydraulic-Cement Concrete ASTM C-172 Sampling Freshly Mixed Concrete ASTM C-173 Air Content of Freshly Mixed Concrete by Volumetric Method ASTM C-190 Compressive Strength of Hydraulic Mortars Cube Specimens ASTM C-231 Air Content of Freshly Mixed Concrete by Pressure Method ASTM C-295 Petrographic Analysis of Aggregates ASTM C-856 Petrographic Analysis of Concrete/Mortar ASTM C-1064 Temperature of Freshly Mixed Hydraulic-Cement Concrete ASTM C-1202 Rapid Chloride Permeability ASTM E-488 Concrete Anchor Pull Test

WELD FIELD TESTING

ASTM E-94 Radiographic Testing ASTM E-164 Ultrasonic Testing ASTM E-165 Liquid Penetrant Testing ASTM E-709 Magnetic Testing

COATING FIELD TESTING

SP0188 Low Voltage Discontinuity (Holiday) Test SP0188 High Voltage Discontinuity (Holiday) Test ISO 8502-6 Bresle Patch Test (Soluble Salts) ISO 8502-9 Conductivity Meter Test (Soluble Salts) ASTM D-4417 Surface Profile Test SSPC-PA 2 Dry Film Thickness Testing ASTM D-4414 Wet Film Thickness Testing ASTM D-4541 Pull-Off Strength of Coating

GENERAL TESTING

Bolt Torque Wrench (Calibrated) A370, A615 Tension of Metallic Materials (Reinforcing Bars) A370, A615 Bend Test of Metallic Materials (Reinforcing Bars) Noise & Vibration monitoring with equipment Vibration monitoring with equipment Analytical Testing

PROFESSIONAL, OFFICE, FIELD

Project Manager Project Engineer Civil Engineering Technician Secretary ICC Soils Special Inspector ACI Concrete Field Testing Technician- Grade 1/ ICC Reinforced Concrete Inspector AWS Certified Welding Inspector - Level II

AWS Certified Welding Inspector - Level III NACE/AMPP Certified Coating Inspector- Level I NACE/AMPP Certified Coating Inspector - Level II NACE/AMPP Certified Coating Inspector - Level III Structural Steel & Bolt Special Inspector ASNT/NDT Technician Level II ASNT/NDT Technician Level III

PROJECT & TESTING RESOURCES

Consumables for Weld/Paint Testing Portable Generator Materials, Rental Equipment & 3rd Party Services

TRAVEL

Mileage (Per the FTR) Per Diem Lodging (Per the FTR) Per Diem Meals & Incidentals (Per the FTR)

QUOTES AND QUESTIONS DUE:

Quotes are due NLT 10:00 AM (local time) on 25 September 2025. (Your E-mail submission must be checked and determined to be "virus-free" prior to submission). The Government requires your quote remain valid for 60 calendar days from date of submission.

Any questions regarding this synopsis/solicitation, shall be submitted by e-mail to the Contract Specialist, Francesca deBoer at Francesca.e.deBoer@usace.army.mil no later than 10:00 AM (local time) on 18 September 2025.

The following clauses apply to this RFQ and resulting contract:

FAR 52.212-4, Contract Terms and Conditions-Commercial Items FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (Modified IAW DEVIATION 2025-O0003 and 2025-O0004). The Government reserves the right to award with or without discussions.

As per FAR 12.603, the following provisions apply:

52.212-1, Instructions to Offerors- Commercial (SEP 2023)

52.212-3, OFFEROR REPRESENTATIONS AND CERTIFICATIONS- COMMERCIAL ITEMS,

ALTERNATE I (Modified IAW DEVIATION 2025-O0003 and 2025-O0004).

Note: 52.212-3 completed copy shall be included with quote.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-17 Contractor Employee Whistleblower Rights NOV 2023 52.204-7 System for Award Management NOV 2024 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded

JAN 2025

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

SEP 2023

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

NOV 2023

52.214-22 Evaluation Of Bids For Multiple Awards MAR 1990 52.219-9 Small Business Subcontracting Plan JAN 2025 52.219-13 Notice of Set-Aside of Orders MAR 2020 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2025 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons NOV 2021 52.225-1 Buy American--Supplies OCT 2022 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.226-8 Encouraging Contractor Policies To Ban Text Messaging While Driving

MAY 2024

52.232-17 Interest MAY 2014 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 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 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-25 Limitation Of Liability--Services FEB 1997 52.249-8 Default (Fixed-Price Supply & Service) APR 1984

CLAUSES INCORPORATED BY FULL TEXT

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.

W912P825Q0032

(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)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

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

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

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEVIATION 2025-O0003/ DEVIATION 2025-O0004) (MAR 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 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 provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.

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

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

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.

(d) [Reserved]

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

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

(1) (i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that each domestic end product listed in paragraph (f)(3) of this provision contains a critical component.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select "no''.

(iii) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

(iv) The terms "commercially available off-the-shelf (COTS) item," "critical component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(2) Foreign End Products:

Line Item No. Country of origin Exceeds 55% domestic content (yes/no)

[List as necessary]

(3) Domestic end products containing a critical component:

Line Item No.

[List as necessary]

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

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

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

(B) The terms "Bahraini, Moroccan, Omani, Panamanian, or Peruvian end product,'' "commercially available off-the-shelf (COTS) item,'' "critical component,'' "domestic end product," "end product,"…