A21 - W912P825R0032 - Combined Synopsis-Solicitation.pdf

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

The U.S. Army Corps of Engineers, New Orleans District, has a new requirement for Pest Control Services. The contractor shall provide all management, labor, tools, supplies, equipment, materials, transportation, fuel, chemical solutions/toxic gases, poisonous paste, bait and mechanical traps to eliminate pest that infest buildings and surrounding areas within the New Orleans District Headquarters Reservation. The service to be provided by the contractor shall eradicate such pest but not limited to roaches, spiders, fleas, lice, mice, rats, ants, wasps, and flying insects and termites. Complete control of pests must be maintained during the period of contract. Solicitation Number W912P8-25-R-0032 is being issued as a 100% Small Business Set Aside only procurement under a Request for Proposal (RFP).

It is being procured as Firm-Fixed Price under FAR part 12, Acquisition of Commercial Items, and FAR part 13, Simplified Acquisition Procedures. The designated NAICS code is 561710 – Exterminating and Pest Control Services, Size Standard $17,500,000.00. The PSC code for this requirement is S207 – Housekeeping - Insect/Rodent Control.

General Instructions to Offerors All Offerors MUST be registered in SAM as a Small Business under NAICS code 561710 to be considered for award. If you are not registered with SAM, you may contact the SAM Help Desk at 1- 866-606-8220 or register on-line at http://sam.gov.

IAW 5.203, Publicizing and Response time. The contracting officer should consider the circumstances of the individual acquisition, such as complexity, availability, and urgency, when establishing the solicitation response time. Proposals are to be received via e-mail no later than 12:00 PM (Central Standard Time) on 17 July 2025. (Your E-mail submission must be checked and determined to be "virus-free" prior to submission). The Government requires your proposal remain valid for 60 calendar days from date of submission, and any questions regarding this synopsis/solicitation, shall be submitted by e-mail to the Contract Specialist, Evan Woitha at Evan.G.Woitha@usace.army.mil no later than 12:00 PM (Central Standard Time) on 11 July 2025. The Government is under no obligation to provide a response to late questions.

The basis of award will be Lowest Priced Offeror(s). Additionally, Offerors must quote on all items to be eligible for award. The Government will award one (1) contract resulting from this solicitation to the responsible Offeror(s) whose Offer conforms to ALL requirements of the solicitation.

Offerors are informed that the Government does not intend to conduct discussions as part of the evaluation process unless the Government determines it is in the best interests of the Government to do so. Therefore, Offerors should provide all the information required and requested by the solicitation at the time of its initial proposal submission.

Offerors please provide requested pricing to include monthly and yearly totals. Estimated effective date August 1, 2025, period of performance not to exceed 5 years.

Per Month Per Year CLIN 0001 – Base Year – Pest Control $ $

CLIN 0002 – Option Year 1 – Pest Control $ $ CLIN 0003 – Option Year 2 – Pest Control $ $ CLIN 0004 – Option Year 3 – Pest Control $ $ CLIN 0005 – Option Year 4 – Pest Control $ $

STATEMENT OF WORK

PEST CONTROL SERVICE

NEW ORLEANS DISTRICT

Work is located at the US Army Corps of Engineers (USACE) New Orleans District Facility at 7400 Leake Ave; New Orleans, LA 70118. Site visits will be coordinated with Kevin (Cal) Calico, Facility Manager, room 263, 504-862-2009.

1. Description of Services: The contractor shall provide all management, labor, tools, supplies, equipment, materials, transportation, fuel, chemical solutions/toxic gases, poisonous paste, bait and mechanical traps to eliminate pest that infest buildings and surrounding areas within the New Orleans District Headquarters Reservation. The service to be provided by the contractor shall eradicate such pest but not limited to roaches, spiders, fleas, lice, mice, rats, ants, wasps, and flying insects and termites.

Complete control of pests must be maintained during the period of contract.

2. Area to be serviced: pest control services will be performed in and around all buildings on the district reservation.

a. District Headquarters Building #830; 382,334 sq ft

b. Building #788, electronics repair building 1,536 sq ft

c. Building #748, Survey warehouse and mail room 2,825 sq ft

d. Building #816, district warehouse, 33,889 sq ft

e. Building #817, District Shops building 33,776 sq ft

f. Warehouse Three Center 7,972 sq ft

g. Wheeler warehouse 10,414 sq ft

h. Special Areas in building #830 and CDC – Cafeterias

i. Special area outside of building – Warehouse Three Center Play Yards

j. Included in the areas, for the purpose of but not limited to ant, spiders, roaches, mice, rats, and flea control are the grounds immediately adjacent to the buildings.

3. Safety:

a. The contract shall comply with all federal, state, and local laws pertaining to the storage, use, and disposal of chemicals use in the execution of this contract. All chemicals are to be used only in accordance with the manufacturer's instructions. The contractor must also abide by the provisions of EM 385-1-1, "Corps of Engineers Safety and Health Requirements Manual" latest addition, during the contract period.

b. Prior to commencing work on this contract, the contractor will provide the Corps of engineers'

Safety and Occupational Office and the Facilities Office with a complete binder containing all SDS information sheets on all chemicals to be used. The information on the chemicals must include, but not limited to, application methods, precautions to be taken, effects of exposure, treatment, and phone number to use to obtain more information on the chemical.

i. The contractor must maintain these binders and update as required any time a new chemical is used, or a data sheet is revised. At a minimum the binders are to be reviewed by the contractor once bi-annually for possible updates and corrections.

c. All mechanical traps must be of the type to ensure the safety of personnel in the area from coming in contract with the working portions of the trap.

d. The contractor shall be licensed and bonded by the State of Louisiana and shall provide a copy of the current license and bond as required by State of Louisiana to the contracting officer upon contract award.

e. The contractor will, without additional cost to the government, be responsible for obtaining all necessary licenses and permits and for complying with all applicable federal, state or local laws, codes or ordinances, in connection with the performance of the service under of this contract.

4. Time of Service:

a. Pest control services, in all specified buildings and adjacent grounds, will be rendered both weekly and monthly. Weekly (Friday except if district is close) areas of concern will be specified by the facilities department and they will provide a list of infested areas and pest sightings. All buildings and adjacent grounds will be treated regardless of pest infestations monthly. All pest control services must be coordinated with the COR to alleviate any inconvenience within the employee's work environment and to assure the safety, health & sensitivity of employees are respected.

i. Mechanical stations for rats and mice must be cleaned and checked during each visit of a contractor's representative.

b. HOURS OF WORK: The Corps Hours are Monday through Friday from 0700 until 1600 hours.

Contractor can extend his hours of work beyond the daily Corps hours to include Saturday and Sunday work to meet the time requirements to complete work. Actual hours of work must have the approval of the US Army Corps of Engineers Representative, Kevin (Cal) Calico, (504) 862-2009.

c. Anytime a contractor’s representative is on the district they must report to facilities office when they arrive and before they leave the district.

d. The cafeteria will be treated weekly {Friday) for pest to include the placement of pest hotels, etc., when and where required. The cafeteria will be totally treated for pest control every 3 months.

i. If fogging is used in the process the contractor will seal all air return vents to prevent the chemical fog from entering the air return system.

5. PAYMENT:

a. Payments will be made monthly at a constant rate after completion of pest control service for that month. Along with the finance center the contractor should supply one copy of the invoice to the COR of the contract each month.

b. Contract will have separate line items for termite treatments and monthly inspections and treatments.

6. ON-PREMISES REQUIREMENTS: OPSEC

a. Contractor employees are required to adhere to all Corps' rules regarding working at our Facility. They must stop at the gate and identify themselves and tell the guard the specific location they will be working. A temporary badge maybe issued by the Security Officer if deemed necessary by the Security office.

7. SUPERVISION OF WORK:

a. The Contractor shall provide all management, supervision, and labor to effectively fulfill the requirements of this contract. The Contractor will ensure that all contract work is satisfactorily supervised, either by his personal presence, by the on-site supervisor, or a combination of these alternatives. Neither US Army Corps of Engineer employees nor other Government employees are authorized to exercise either direct or indirect supervision over, or provide direction to, the Contractor's employees. Contractor should refer all to the assigned government representative.

8. INSPECTION:

a. The government shall inspect the contractors’ work for contract compliance, during and after completion of work. The contractor shall not be paid for any work until an inspection has been performed by a Government inspector to assure work meets specifications contained in contract.

NOTE: Contractor shall not perform any work outside the SOW without prior approval from the Contracting Officer.

b. The Government has the right to inspect and test all work called for by this contract to the extent practicable at all times and places during the contract. The government shall perform inspections and tests in a manner that will not unduly delay the work.

c. If any of the work does not conform to contract requirements, the Government may require the

Contractor to redo work at no increase in contract amount. When defects in workmanship cannot be corrected by re-performance, the Government may reduce the contract price to reflect the reduced value of work accomplished.

d. If the Contractor fails to promptly fulfill his contract responsibilities, the Government may (1) by contract or otherwise, perform the work and charge to the Contractor for any cost incurred the Government that is directly related to the performance of such work or (2) terminate the contract for default.

TREATMENT FOR: Native Subterranean termites-Reticulitermes and Formosan Termites-Coptotermes Native Subterranean Termites-Reticulitermes and Formosan Termites-Coptotermes Other (Specify) Drywood Termites- Kalotermes and Cryptotermes Powder Post Beetles-Lyctidae, Bostrichidae, Anobiidae

THE COMPANY AND CUSTOMER AGREE TO THE FOLLOWING TERMS AND CONDITIONS: 1. PERFORMING THE WORK The Company agrees to treat the building(s) yearly in complete compliance with applicable laws, rules and regulations of the Louisiana Structural Pest Control Commission and to inspect the property annually prior to the expiration of this agreement. The Company will exercise care while performing any work hereunder to try to avoid damaging any part of the property, plants or animals. Under no circumstances or conditions shall the Company be responsible for damage caused by the Company at the time the work is performed except those damages resulting from gross negligence on the part of the Company.

INFESTATION

Should an active infestation (meaning the presence of live insects) of the wood destroying insects covered by this agreement occur in any portion of the building(s) covered by this agreement, the Company agrees to treat such infested portions within fifteen (15) days of discovery of such infestation at the Customer’s request at no additional charge to the Customer, except as otherwise noted within this agreement.

COPTOTERMES (FORMOSAN TERMITES)

To obtain control of Formosan termites it may be necessary to have walls, ceilings, and other parts of the structure dismantled to locate and destroy the infestation. Fumigation may be necessary to obtain control where the removal of the infestation is not possible or aerial infestation is probable. The Customer warrants full cooperation and is responsible for any additional costs associated with dismantling and/or fumigation, which may be necessary should soil treatment alone be ineffective.

DRY-WOOD TERMITES (Kalotermes and Cryptotermes), POWDER POST BEETLES (Lyctidae, Bostrichidae, Anobiidae) or OTHER WOOD-BORING INSECTS. If these insects are covered by this agreement, the Company cannot be held liable for any damage to the structure, or its contents caused by these insects since fumigants used to treat a property for control of these insects are non-residual and any liquid treatments which may be applied are only spot treatments.

CONDITIONS CONDUCTIVE TO INFESTATION

The Customer warrants full cooperation with the Company during the term of this agreement, and agrees to maintain

MATERIALS & SUPPLIES: The contractor is responsible for providing all equipment, materials, supplies and labor to complete this work.

During the service process the contractor shall abide, always, by the US Army Corps of Engineers, current Safety and Health Requirements Manual EM 385-1-1. The contractor, will during the service process, be inspected by the District’s Safety Officer or members from his office for compliance with the Safety Manual. The Contractor shall coordinate all work and notify the government of any adverse impacts to the environment of the area under construction. Contractor shall protect our employees who may visit the area from being exposed to safety hazards.

Contractor shall place protective barriers around the service are.

FEDERAL, STATE AND CITY BUILDING CODE REQUIREMENTS: The contractor will follow the guidelines of standard building and mechanical codes including the current National Electrical code. Any materials and supplies purchased for this service must meet current commercial standards for type of work being accomplished.

QUALITY AND WORKMENSHIP: All work shall meet acceptable building standards for of our building, and meet all Federal and State safety codes for this type of work.

INSPECTION AND ACCEPTANCE:

Government Representatives will inspect work for compliance to specifications.

Point of Contact (POC): Kevin (Cal)Calico

Facility Manager

(504) 862-2009

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 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 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-29 Federal Acquisition Supply Chain Security Act Orders-- Representation and Disclosures.

DEC 2023

52.216-24 Limitation Of Government Liability APR 1984 52.216-25 Contract Definitization OCT 2010 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2024 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-1 Payments APR 1984 52.232-23 Assignment Of Claims 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

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.237-3 Continuity Of Services JAN 1991 52.246-1 Contractor Inspection Requirements APR 1984 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-20 Warranty Of Services MAY 2001 52.246-25 Limitation Of Liability--Services FEB 1997 52.249-1 Termination For Convenience Of The Government (Fixed Price)

(Short Form)

APR 1984

52.249-4 Termination For Convenience Of The Government (Services) (Short Form)

APR 1984

52.249-8 Default (Fixed-Price Supply & Service) APR 1984 252.201-7000 Contracting Officer's Representative DEC 1991 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

MAY 2024

252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.225-7001 Buy American and Balance of Payments Program FEB 2024 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

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.

(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.

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023) https://www.sam.gov/

(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.

https://assist.dla.mil/ https://assist.dla.mil/ https://assist.dla.mil/feedback mailto:assisthelp@dla.mil http://www.sam.gov/

(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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION 2025-O0003/ DEVIATION 2025-O0004) (MAR 2025) ALTERNATE I (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.