Sol 89503625QSW000165
Sol 89503625QSW000165
9. ISSUED BY CODE 895036 10. THIS ACQUISITION IS UNRESTRICTED OR X SET ASIDE: 100.00 % FOR:
TELEPHONE NO.
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
IS CHECKED SEE ADDENDUM
ADMINISTERED BY:
SWPA (Tulsa)
U.S. DEPT OF ENERGY
SOUTHWESTERN POWER ADMINISTRATION
ONE WEST THIRD STREET
Tulsa OK 74103-3502 US
Period of Performance: 01/01/2025 to 12/31/2025
X 27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3 ARE X ARE NOT ATTACHED.
AND 52.212-5 ARE ATTACHED. ADDENDA
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
Signature on File
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
Douglas Keeler 10/28/2024
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 11/2021)
PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212
2 of 27
19. 20. 21. 22. 23. 24.
ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED 36. PAYMENT 37. CHECK NUMBER
CORRECT FOR
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42b. RECEIVED AT (Location)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in
full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may
be accessed electronically at this address: http:// www.acquisition.gov/far/
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an
authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.
(b) The use in this solicitation or contract of any Department of Energy Regulation (48 CFR, Chapter 14) clause
with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.
a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are
incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to
acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)
(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.
113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by
Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or
Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C.
3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78
(19 U.S.C. 3805note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has
indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders
applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
Solicitation #: 89503625QSW000165
☒ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-
282) (31 U.S.C. 6101 note).
☐ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of
Pub. L. 117-328).
☒ (11)(i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (DEC 2023) (Pub. L.
115–390, title II).
__(ii) Alternate I (DEC 2023) of 52.204–30
☒ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred,
Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).
☒ (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C.644).
☒ (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (FEB 2024) (15 U.S.C. 632(a)(2)).
☒ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB 2024) (E.O.13126).
☒ (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793).
☒ (37) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
☒ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.
13496).
☒ (39) (i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).
☒ (40) 52.222-54, Employment Eligibility Verification (MAY 2022). (Executive Order 12989). (Not applicable to
the acquisition of commercially available off-the-shelf items or certain other types of commercial products and
commercial services as prescribed in FAR 22.1803.)
☒ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun
2016) (E.O. 13693).
Solicitation #: 89503625QSW000165
☒ (55) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes
administered by the Office of Foreign Assets Control of the Department of the Treasury).
☒ (62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018)
(31 U.S.C. 3332).
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that
the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of
law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
☒ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
☒ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and
41 U.S.C. chapter 67).
☒ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year
and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
☒ (7) 52.222-55, Minimum Wages For Contractor Workers Under Executive Order 14026 (JAN 2022).
☒ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
The Government may require continued performance of any services within the limits and at the rates specified in
the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the
Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance
hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the
Contractor within 60 days before the contract expires.
FAR 52.217-9 Option to Extend the Term of the Contract MAR 2000
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days
provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60
days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3
years.
Provisions Section
Solicitation #: 89503625QSW000165
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if
they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is
cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its
quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by
paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a
solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov
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 or 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.
(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
Solicitation #: 89503625QSW000165
(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”.
(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:
Solicitation #: 89503625QSW000165
(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.
(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:
(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.
(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)
Solicitation #: 89503625QSW000165
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer
conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The
following factors shall be used to evaluate offers:
Per FAR Part 13.106-2(b) evaluation will be conducting by comparative evaluation of offerors. This solicitation is
not stating nor required to state the relative importance assigned to each evaluation factor and/or sub factor (FAR
13.106-1(a)(2)).
1. Price:
o The offered price will be evaluated for reasonableness. The price should reflect an understanding of the
work required and be consistent with the technical factors.
2. Technical Capability:
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the
total price for the basic requirement. The Government may determine that an offer is unacceptable if the option
Solicitation #: 89503625QSW000165
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror
within the time for acceptance specified in the offer, shall result in a binding contract without further action by either
party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether
or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
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. 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
Solicitation #: 89503625QSW000165
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.
Solicitation #: 89503625QSW000165
(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: ____________.]
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
Solicitation #: 89503625QSW000165
(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."
Solicitation #: 89503625QSW000165
______________ _________________
______________ _________________
______________ _________________
[List as necessary]
(3) Domestic end products containing a critical component:
[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," "foreign end
product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and
"United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli
Trade Act."
(ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products
(other than Bahraini, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in
the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."
Free Trade Agreement Country End Products (Other than Bahraini, Moroccan, Omani, Panamanian, or
Peruvian End Products) or Israeli End Products:
______________ _________________
______________ _________________
______________ _________________
Solicitation #: 89503625QSW000165
______________ _________________
______________ _________________
______________ _________________
[List as necessary]
(iv) The Offeror shall list the line item numbers of domestic end products that contain a critical
component (see FAR 25.105).
[List as necessary]
(v) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.
(2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the
clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph
(g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Israeli end products as defined in the clause
of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:
_______________________________________
_______________________________________
Solicitation #: 89503625QSW000165
_______________________________________
[List as necessary]
(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the
clause at 52.225–3 is included in this solicitation, substitute the following paragraphs (g)(1)(i)(B) and (g)(1)(ii) for
paragraphs (g)(1)(i)(B) and (g)(1)(ii) of the basic provision:
(g)(1)(i)(B) The terms “Korean end product”, “commercially available off-the-shelf (COTS) item,” “critical
component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free
Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this
solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act.”
(g)(1)(ii) The Offeror certifies that the following supplies are Korean end products or Israeli end products as defined
in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:
______________ _________________
______________ _________________
______________ _________________
[List as necessary]
(4) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is
included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of this
provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled
"Trade Agreements."
(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated
country end products.
Solicitation #: 89503625QSW000165
______________ _________________
______________ _________________
______________ _________________
[List as necessary]
(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.
For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country
end products without regard to the restrictions of the Buy American statute. The Government will consider for
award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that
there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of
the solicitation.
(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value
is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and
belief, that the offeror and/or any of its principals–
(1) □ Are, □ are not presently debarred, suspended, proposed for debarment, or declared ineligible for the
award of contracts by any Federal agency;
(2) □ Have, □ have not, within a three-year period preceding this offer, been convicted of or had a civil
judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal
or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax
laws, or receiving stolen property;
(3) □ Are, □ are not presently indicted for, or otherwise criminally or civilly charged by a Government entity
with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and
(4) □ Have, □ have not, within a three-year period preceding this offer, been notified of any delinquent
Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.
(i) Taxes are considered delinquent if both of the following criteria apply:
(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A
liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial
challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to
pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced
collection action is precluded.
(ii) Examples.
(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to
seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability.
Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all
judicial appeal rights.
(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the
taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office
of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien
filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer
has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability.
Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all
judicial appeal rights.
Solicitation #: 89503625QSW000165
___________________ ___________________
___________________ ___________________
(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph
(i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]
(i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined,
produced, or manufactured in the corresponding country as listed for that product.
(ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined,
produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has
made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or
manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies
that it is not aware of any such use of child labor.
(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of
manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of
manufacture of the end products it expects to provide in response to this solicitation is predominantly-
(1) ☐ In the United States (Check this box if the total anticipated price of offered end products manufactured
in the United States exceeds the total anticipated price of offered end products manufactured outside the United
States); or
(2) ☐ Outside the United States.
(k) Certificates regarding exemptions from the application of the Service Contract Labor
Standards (Certification by the offeror as to its compliance with respect to the contract also constitutes its
certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting
officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]
☐ (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The
offeror ☐ does ☐ does not certify that–
(i) The items of equipment to be serviced under this contract are used regularly for other than
Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract)
in substantial quantities to the general public in the course of normal business operations;
(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices
(see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and
(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under
the contract will be the same as that used for these employees and equivalent employees servicing the same
equipment of commercial customers.
☐ (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror □ does □ does not certify that-
(i) The services under the contract are offered and sold regularly to non-Governmental customers, and are
provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial
quantities in the course of normal business operations;
(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market
prices (see FAR 22.1003-4(d)(2)(iii));
Solicitation #: 89503625QSW000165
(1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts
with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the
exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.
(2) Representation. The Offeror represents that–
(i) It □is, □ is not an inverted domestic corporation; and
(ii) It □is, □is not a subsidiary of an inverted domestic corporation.
(o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran.
Solicitation #: 89503625QSW000165
(i) The Offeror (itself or through its immediate owner or highest-level owner) □ does, □ does not publicly disclose
greenhouse gas emissions, i.e., makes available on a publicly accessible website the results of a greenhouse gas
inventory, performed in accordance with an accounting standard with publicly available and consistently applied
criteria, such as the Greenhouse Gas Protocol Corporate Standard.
(ii) The Offeror (itself or through its immediate owner or highest-level owner) □does, □does not publicly
disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly accessible website
a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage.
(iii) A publicly accessible website includes the Offeror's own website or a recognized, third-party
greenhouse gas emissions reporting program.
(3) If the Offeror checked “does” in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision, respectively, the Offeror
shall provide the publicly accessible website(s) where greenhouse gas emissions and/or reduction goals are
reported:_________________.
(u)
(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as
extended in continuing resolutions), Government agencies are not permitted to use appropriated (or otherwise made
available) funds for contracts with an entity that requires employees or subcontractors of such entity seeking to
report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise
restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated
investigative or law enforcement representative of a Federal department or agency authorized to receive such
information.
(2) The prohibition in paragraph (u)(1) of this provision does not contravene requirements applicable to
Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented
Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the
nondisclosure of classified information.
(3) Representation. By submission of its offer, the Offeror represents that it will not require its employees or
subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise
restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the
performance of a Government contract to a designated investigative or law enforcement representative of a Federal
department or agency authorized to receive such information (e.g., agency Office of the Inspector General).
(v) Covered Telecommunications Equipment or Services-Representation. Section 889(a)(1)(A) and section
889(a)(1)(B) of Public Law 115-232.
(1) 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”.
(2) The Offeror represents that— (i) 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. (ii) After conducting a reasonable inquiry for purposes of this
representation, that it [ ] does, [ ] does not use covered telecommunications equipment or services, or any
equipment, system, or service that uses covered telecommunications equipment or services.
Solicitation #: 89503625QSW000165
Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy
themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent
that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for
a claim after contract award.
SITE VISIT:
DATE: 11/13/2024
PLACES:
(b) Any questions to be answered during the site visit must be submitted via email to
[email protected]. no later than 11/15/2024. Written questions will also be taken at the site
visit, but answers may not be provided at that time. All questions and answers, including those answered
and not answered at the site visit will be provided via the sam.gov solicitation posting.
(c) Attendance at the site visit is not mandatory. The Government will not reimburse any offeror for
expenses related to attendance of this site visit. Due to personnel limitations, only two (2) representatives
per potential offeror will be allowed at the site visit. To facilitate the government's planning; please
provide the name, organizational affiliation, phone number, e-mail address and citizenship of each
proposed attendee via email to [email protected]. Instructions will be provided prior to the
conference for any additional information that will be required for access to the site or facility and for
non-US citizen attendees.
(d) Offerors are urged to attend and inspect the site where services are to be performed and satisfy
themselves regarding all general and local conditions that may affect the cost of performance, to the
extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute
grounds for a claim after contract award.
Solicitation #: 89503625QSW000165
Solicitation #: 89503625QSW000165
• Contractor Name, Address, Phone Number, billing contact name and e-mail address
• Invoice Date
• Unique invoice number
• Tax Identification Number (TIN)
• Contract Number and Order Number (if applicable) as shown on the award document
• Modification Number (if applicable)
• Discount Terms, if applicable
• Banking information: Bank Routing Transit Number (nine digits) and last 4 digits of bank account
number (for verification)
• Specific description of Work relating to invoice, including service period dates (if applicable)
• Invoice Amount
(c) Prompt payment clock will begin on the date Cash Management receives a proper invoice
Solicitation #: 89503625QSW000165
Solicitation #: 89503625QSW000165