2.2.1 REQUEST FOR QUOTE - Amended.pdf

REQUEST FOR QUOTE (RFQ) –

Contracting Officer: Destiny Dyson

Title: Louisiana Rental of Portable Toilets and Hand Washing Stations and Associated Services

CONTRACTOR: _______________________________________________

ADDRESS: ___________________________________________________

PHONE NO: _____________________________________

UEI NO. ______________________________________

DATE OF QUOTE: ___________

QUOTE PREPARED BY:

(Signature)

(Printed Name and Title)

This is an RFQ (Request for Quote) for Portable Toilets & Hand Washing Stations & Associated Services for the site located at 2695 North Sherwood Forest Drive, Baton Rouge, Louisiana 70814.

This procurement is set-aside 100% for Local Louisiana Small Businesses. The award will be a Firm Fixed Price Purchase Order. The NAICS code that is associated with this request is 562991 "Septic Tank and Related Services". The tentative Award date is Thursday, April 30, 2025.

The Period of Performance (POP) will be a base period of six (6) months with option periods to extend for three (3) additional 6-month periods, totaling up to 2 years. At least one portable restroom shall comply with the Americans with Disabilities Act (ADA) Accessibility Guidelines (ADAAG). Please provide a firm-fixed unit price for this quote in the space provided below.

CLIN STRUCTURE:

Base Period - 6 months (May 1, 2025 – October 31, 2025)

Option Period 1 – 6 months Option Period 2 – 6 months Option Period 3 – 6 months

CLIN CLIN Description Quantity Unit of Measure

Unit Price Total

Standard Portable Standard Portable Restroom Rental

- 4 units

- Inclusive of Delivery, Setup, Removal 6 Months

Portable Restroom Weekly Servicing

- Twice a week or 8X per month

- With weekly cleaning: two days a week (Tuesday’s and Friday’s) 6 Months

2-Station Hand Wash Station Rental

- 4 units

- Inclusive of Delivery, Setup, Removal 6 Months

2-Station Hand Wash Station Weekly Servicing

- Twice a week or 8X per month

- With weekly cleaning: two days a week (Tuesday’s and Friday’s) 6 Months

Standard Portable Standard Portable Restroom Rental

- 4 units

- Inclusive of Delivery, Setup, Removal 6 Months

Portable Restroom Weekly Servicing

- Twice a week or 8X per month

- With weekly cleaning: two days a week (Tuesday’s and Friday’s) 6 Months

2-Station Hand Wash Station Rental

- 4 units

- Inclusive of Delivery, Setup, Removal 6 Months

2-Station Hand Wash Station Weekly Servicing

- Twice a week or 8X per month

- With weekly cleaning: two days a week (Tuesday’s and Friday’s) 6 Months

Standard Portable Standard Portable Restroom Rental

- 4 units

- Inclusive of Delivery, Setup, Removal 6 Months

Portable Restroom Weekly Servicing

- Twice a week or 8X per month

- With weekly cleaning: two days a week (Tuesday’s and Friday’s) 6 Months

2-Station Hand Wash Station Rental

- 4 units

- Inclusive of Delivery, Setup, Removal 6 Months

2-Station Hand Wash Station Weekly Servicing

- Twice a week or 8X per month 4 units

- With weekly cleaning: two days a week (Tuesday’s and Friday’s) 6 Months

Standard Portable Standard Portable Restroom Rental

- 4 units

- Inclusive of Delivery, Setup, Removal 6 Months

Portable Restroom Weekly Servicing

- Twice a week or 8X per month

- With weekly cleaning: two days a week (Tuesday’s and Friday’s) 6 Months

2-Station Hand Wash Station Rental

- 4 units

- Inclusive of Delivery, Setup, Removal 6 Months

2-Station Hand Wash Station Weekly Servicing

- Twice a week or 8X per month

- With weekly cleaning: two days a week (Tuesday’s and Friday’s) 6 Months

Total

Should you have any questions please submit them via email to Contracting Officer, Destiny Dyson via email (at destiny.dyson@fema.dhs.gov) no later than 5:30 PM CST on April 14, 2025. The RFQ deadline is set for 12:00 PM CST on April 18, 2025. Please submit your quote to Contracting Officer, Destiny Dyson, via email (at destiny.dyson@fema.dhs.gov) no later than the expressed deadline. Phone calls are not permitted throughout the entire duration of the solicitation process.

This is a Request for Quote. This is NOT a purchase order. ALL quotes are due by (April 18, 2025 at 12:00 PM CST) submitted via e-mail. LATE QUOTES WILL NOT BE ACCEPTED UNLESS IN THE BEST INTEREST OF THE GOVERNMENT AS DETERMINED BY THE CONTRACTING OFFICER.

If you are unable to submit a quote, please indicate the types of goods and services you provide on this form along with contact information and I will keep your company in mind for future business opportunities. This document is not legally binding and does not commit the US Government in anyway.

The Contracting Officer is the only authorized representative that may obligate funds on behalf of the US Government. Work accomplished under the direction of any other individual is not authorized and is accomplished at the sole liability of the contractor.

mailto:destiny.dyson@fema.dhs.gov mailto:destiny.dyson@fema.dhs.gov

DELIVERY SCHEDULE:

CONTRACTOR’S PROPOSED DELIVERY SCHEDULE: DAYS

(Contractor fills in number of days above)

QUOTE EXPIRES ON THIS DATE: __________________________

Note: Contracting Officer reserves the right to award to multiple bidders if in the best interest of the government. In addition, the Contracting Officer reserves the right to award to other than the low bidder based on quality of the items proposed, delivery time and any other factors determined to be important at the discretion of the Contracting Officer. Contractors are encouraged to provide pictures/samples of items proposing.

FEDERAL EMERGENCY MANAGEMENT AGENCY STATEMENT OF

WORK

FOR LOUISIANA RENTAL OF PORTABLE TOILETS AND HAND WASH STATION

AND ASSSOCIATED SERVICES

1. Background Information: The Federal Emergency Management Agency (FEMA or Government) provides response and recovery operations to Louisiana in reaction to or in anticipation of a significant environmental disaster or other significant emergencies. FEMA will maintain several offices and other facilities in Louisiana (LA) to support the operational efforts. Portable Toilets & Hand wash Stations are needed at this FEMA locations to sustain the operations. FEMA shall not exercise any supervision or control over the contract service providers performing the services herein.

1.1 Description of Services/Introduction: This Statement of Work (SOW) describes the requirement to provide Portable Toilets & Hand wash Stations and related services in support of disaster declarations in LA.

1.2 Locations: The location is the Sherwood Forest Federal Staging Area located at 2695 North Sherwood Forest Drive in Baton Rouge, LA 70814. Portable Toilets & Hand wash Stations will be to support disaster recovery operations. The Contractor must possess the capacity and capability to provide the service outlined in this Scope of Work to this location.

1.3 Objectives: Establish a Firm Fixed-Price contract with a local contractor for the rental of the Portable Toilets & Hand wash Stations units and related services.

1.4 Scope: The contractor shall provide 4 Portable Toilets, 4 Hand wash Stations, and related services in support of this site. Services will include delivery and setup up at desired locations. The contractor will also be required to always maintain Portable Toilets & Hand wash Stations in a serviceable condition, relocate Portable Toilets & Hand wash Stations if directed by FEMA and remove contractor provided equipment upon request or at the termination of the required services.

1.5 General Information: The contractor shall provide full cleaning services twice each week, on Tuesday’s and Friday’s, for standard Portable Toilets, Portable Hand wash Station with soap dispensers and paper towels including toilet cleaning, pumping out, deodorizing, disinfecting and refilling toilet paper. At least one portable restroom shall comply with the Americans with Disabilities Act (ADA) Accessibility Guidelines (ADAAG).

1.5.1 Hours of Operation: The contractor is responsible for conducting business, during daylight hours, including Saturday, Sunday, and Federal/Local holidays with the exception of a scheduled Government facility closure due to local emergencies, administrative closings, or similar Government directed facility closings. The contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this SOW.

1.5.2 Type of Contract: The Government intends to award at least one but could award multiple Firm Fixed-Price contracts to support this effort.

1.5.3 Period of Performance: The Period of Performance (POP) will be a base period of six (6) months with option periods to extend for three (3) additional 6-month periods, totaling up to 2 years.

2. Definitions:

2.1 Contractor. A supplier or vendor awarded a contract to provide specific supplies or service to FEMA.

2.2 Contracting Officer (CO). This is a person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. The CO is the only individual legally authorized to bind the government. The CO is the only authorized person to extend the contract.

2.3 Contracting Officer Representative (COR). This is an employee of FEMA appointed by the CO to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.4 Subcontractor. This is one that enters into a contract with a prime contractor. The Government does not have privacy of contract with the subcontractor.

2.5 Portable Toilets & Hand wash Station Rental. This item represents the Contractor’s requirement to provide a Portable Toilets & Hand wash Stations unit as specified and will be separately billed as a rental of the equipment for the specified period as outlined in Section 6.0.

2.6 Initial Delivery and Relocation of Portable Toilets & Hand wash Stations: Initial deliveries and relocation of Portable Toilets & Hand wash Stations will be coordinated between the CO or COR. Direction given by anyone other than the CO or COR are to be directed back to the FEMA contracting office for approval before execution.

The Contractor will deliver units that are operational.

2.7 Maintenance Services. The Contractor will respond to service calls to repair a non-working Portable Toilets & Hand wash Stations within 12 hours of notification by the CO or COR. The Contractor has the option of repairing the non-working unit at its location or replacing it with an operating unit.

2.8 Removal of Portable Toilets & Hand wash Stations: Upon completion of specified POP the contractor shall remove any Portable Toilets & Hand wash Stations or associated equipment from their location within 72 hours. The 72-hour period is not chargeable usage time to FEMA. If the Government determines that the Portable Toilets & Hand wash Stations need to be removed prior to the period of performance ending, the contractor will only be paid for the time the equipment is leased.

2.9 Re-Spotting of Portable Toilets & Hand wash Stations: At times FEMA may request the movement of a Portable Toilets & Hand wash Stations to another location or site. This service will include the movement of a Portable Toilets & Hand wash Stations from one location to another.

2.10 Preventive Maintenance Checks and Services (PMCS) of Equipment: The contractor shall perform PMCS on all Portable Toilets & Hand wash Stations as often as necessary to ensure they are secure and in functional operation.

3. Contractor Furnished Items and Responsibilities:

3.1 General: The contractor shall provide all equipment, supplies, tools, materials, repair parts, labor, transportation, and management oversight to perform the requirements under this contract.

3.2 Vehicles: Contractor vehicles shall be registered, in accordance with all current applicable Federal, State, and Local laws, ordinances and regulations. All vehicle operators shall possess valid driver licenses to be allowed on the site. Some FEMA sites such as military and other governmental facilities may require proof of U.S. citizenship to gain access.

3.3 Contractor Equipment: The Contractor must own its own equipment.

4.0 Specific Tasks:

4.1 Basic Services: Services under this contract will be established by the CO. Repair services will be performed on a “as needed” basis. The COR will contact the Contractor’s PM and request servicing of a specific Portable Toilets & Hand wash Stations.

Services will include:

a. Delivery of Portable Toilets & Hand wash Stations

b. Setup up at desired locations

c. Maintain Portable Toilets & Hand wash Stations in a serviceable condition at all times

d. Relocate Portable Toilets & Hand wash Stations if directed by FEMA

e. Remove contractor provided equipment upon request or at the termination of the required services

5.0. Special Requirements:

5.1. Award Requirements: Award will be made to the responsible bidders whose offer conforming to the solicitation provides the Lowest Price Technically Acceptable. The order of importance for this bid is price, technical capability, delivery (ability to delivery at least 24 hours after award), and past performance. Offerors must have an active System for Award Management (SAM) Registration which are respectively under DUNS numbers; are NOT in the Excluded Parties List System (EPLS); and are NOT listed on the List of Parties Excluded from Federal Procurement or otherwise ineligible to receive an award. Bidders must meet requirements of FAR 52.226‐4 and be operating within LA which will be verified upon selection for award or otherwise will be determined to be ineligible to receive an award.

5.2 Safety Standards: The contractor shall comply with Occupational Safety & Health Administration (OSHA) requirements. Each item of equipment or property furnished under this contract shall be in safe operational condition and shall comply with all Federal Safety Standards, the American National Standards, and all State Safety Regulations applicable to the equipment and or property.

5.3 Program Manager (PM): The contractor shall designate a PM for performance of all work under the contract.

The PM shall be responsible for total contract management and coordination. The PM shall have full authority to act for the contractor during performance of work. The contractor shall provide, in writing, the name of the PM and telephone number to the CO or COR. The PM must be available by telephone contact at all times.

5.4 Lost and Found Property: It is the responsibility of the contractor to ensure all articles of possible personal or monetary value found by the contractor’s personnel be turned in to the FEMA Security Office and notify the CO and COR immediately.

5.5 FEMA location and impassable locations: When an unforeseen Federal Emergency Management Agency (FEMA) location closure occurs on a contractor’s regular scheduled day of work, the contractor will be notified by the CO or COR as to whether the contractor will be required to continue performance of service for that day. When previously closed areas are reopened services shall resume.

6.0 Deliverables:

6.1 Reports: The contractor shall maintain detailed accurate records of the delivery of Portable Toilets & Hand wash Stations and associated services under this contract. These records shall be made available to FEMA at any time requested for the duration of this contract.

6.2 Quotes: The contractor shall submit quotes for services in response to this Request for Quotes (RFQ). Price quotes shall include delivery, set up, maintenance, servicing and final pick-up charges. Rentals will be for monthly periods.

6.3 Invoice Format: The Contractor’s monthly invoice shall contain monthly rental costs for each unit provided.

The contractor shall invoice the Government per month. Invoices will be submitted via e-mail to FEMA-Finance- Vendor-Payments@fema.dhs.gov. The Contractor will also send copies of the invoice to the COR. The contractor shall submit invoices no later than the 5th day of the month following the end of the billing month.

7.0 PRICE SCHEDULE:

7.1 Rental Quotes: The Contractor shall prepare quotes for monthly rental of Portable Toilets & Hand wash Stations.

8.0 CONTRACTOR/SUBCONTRACTOR PERSONNEL & SECURIITY REQUIREMENTS

QUALIFIED PERSONNEL. The Contractor shall provide qualified personnel to perform all requirements specified under this contract.

CONSUMPTION OF ALCOHOL AND DRUGS - Contractor personnel, while at a FEMA site or facility, are subject to standards of conduct prescribed for Government employees. The use of alcohol, drugs, or harmful substances will, at the discretion of the Government, result in barring of individual from Government facilities and of the above premises.

CITIZENSHIP - Contractor employees may be required to access U.S. Military Installations, airports and seaports.

Citizenship is sometimes a requirement to enter these facilities. Contractor may seek to obtain Transportation Worker Identification Cards (TWIC) which would facilitate employee access.

EMPLOYEE IDENTIFICATION - Contractor employees visiting or working on Government sites or facilities shall wear an identification badge that, at minimum, displays the Contractor name, the employee’s photo, and badge expiration date. Visiting Contractor employees shall comply with all Government escort rules and requirements. All Contractor employees shall identify themselves as Contractors when their status is not readily apparent and display all identification and visitor badges in plain view above the waist at all times.

EMPLOYEE CONDUCT - Contractor’s employees shall comply with all applicable Government and Agency regulations, policies and procedures (e.g., fire, safety, sanitation, environmental protection, security, “off limits” areas, and possession of weapons) when visiting or working at Government facilities. The Contractor shall ensure contractor employees present a professional appearance at all times and that their conduct shall not reflect discredit on the United States, the Department of Homeland Security or FEMA.

REMOVING EMPLOYEES FOR MISCONDUCT OR SECURITY REASONS - The Government may, at its sole discretion, direct the Contractor to remove any Contractor employee from FEMA facilities for misconduct or security reasons. Removal does not relieve the Contractor of the responsibility to continue providing the services required under any contract. The Contracting Officer will provide the Contractor with a written explanation to support any request to remove an employee.

(End of the Statement of Work)

INVOICE APPROVAL (JUN 2014)

The following FEMA individual (in addition to the Contracting Officer) is hereby delegated authority to accept goods and services and to review and approve invoices for this contract:

Authorized Invoice Approver Name: LaCreesha Allen Title: Contracting Officer Representative (COR) Email: lacreesha.allen@fema.dhs.gov mailto:FEMA-Finance-Vendor-Payments@fema.dhs.gov mailto:FEMA-Finance-Vendor-Payments@fema.dhs.gov mailto:lacreesha.allen@fema.dhs.gov

Phone: 202-853-6663

IDENTIFICATION OF GOVERNMENT OFFICIALS (AUG 2014)

The Government Officials assigned to this contract are as follows:

Administrative Contracting Officer Name: Destiny Dyson Email: destiny.dyson@fema.dhs.gov Phone: 202-701-8131

DR-4611-LA

INVOICING INSTRUCTIONS

Effective immediately an original and two copies of each invoice dated the same date and referencing the purchase order number will be submitted as follows:

1. Original invoice to the FEMA Finance Center (FFC) electronically to FEMA-Finance-Vendor- Payments@fema.dhs.gov in read-only format, and the supporting documentation will be supplied as an attachment.

If unable to provide a soft copy via Email, mail or courier a copy to:

If mailed:

FEMA Finance Center

P.O. Box 9001

Winchester, VA 22604

2. A copy of the invoice shall be sent electronically to Invoice Approver LaCreesha Allen and LaCreesha.Allen@fema.dhs.gov and to the assigned Administrative Contracting Officer Destiny Dyson Destiny.Dyson@fema.dhs.gov.

PLEASE INCLUDE PURCHASE ORDER NUMBER ON ALL INVOICES

Provisions and Clauses

52.202-1 Definitions.

DEFINITIONS (Nov 2013) When a solicitation provision or contract clause uses a word or term that is defined in the Federal

Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless-

2. The solicitation, or amended solicitation, provides a different definition;

3. The contracting parties agree to a different definition;

4. The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning; or

5. The word or term is defined in FAR Part 31, for use in the cost principles and procedures.

mailto:Payments@fema.dhs.gov mailto:LaCreesha.Allen@fema.dhs.gov mailto:Destiny.Dyson@fema.dhs.gov

(End of clause)

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES

(DEVIATION 20-05)

(a) Definitions. As used in this clause— “Covered article” means any hardware, software, or service that– (1) Is developed or provided by a covered entity; (2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or (3) Contains components using any hardware or software developed in whole or in part by a covered entity. “Covered entity” means– (1) Kaspersky Lab; (2) Any successor entity to Kaspersky Lab; (3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or (4) Any entity of which Kaspersky Lab has a majority ownership. (b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from— (1) Providing any covered article that the Government will use on or after October 1, 2018; and (2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract. (c) Reporting requirement. (1) In the event the Contractor identifies covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report, in writing, via email, to the Contracting Officer, Contracting Officer’s Representative, and the Enterprise Security Operations Center (SOC) at NDAA_Incidents@hq.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer’s Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil. (2) The Contractor shall report the following information pursuant to paragraph (c)

(1) of this clause: (i) Within 1 business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles. (c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

As prescribed in 4.2105(a), insert the following provision:

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020) The Offeror shall not complete the representation at paragraph (d)(l) 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 the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

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.

Prohibition.

4. Section 889(a)(l)(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--

4.1 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

4.2 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.

5. Section 889(a)(l)(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, oras 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-

f. 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

g. 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.

6 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".

Representation. The Offeror represents that- 7 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)(l) of this section; and

8 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-http://www.sam.gov/

(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)(l) 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.

As prescribed in 4.2105(c), insert the following provision:

Covered Telecommunications Equipment or Services-Representation (Dec 2019)

(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.

(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) Representation. 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. (End of provision)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services.

(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.

3805 note)).

(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.]

_X_(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

_X_(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509)).

_X_(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_(4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

_X_(5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-

282) ( 31 U.S.C. 6101 note).

__(6) [Reserved].

__(7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

http://www.sam.gov/

__(8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L.

111-117, section 743 of Div. C).

_X_(9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub.

L. 117-328).

__(10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title II).

__(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.

_X_(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).

__(13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).

__(14) [Reserved].

__(15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).

__(16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__(17) [Reserved] _X_(18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).

__(ii) Alternate I (Mar 2020) of 52.219-6.

__(19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).

__(ii) Alternate I (Mar 2020) of 52.219-7.

__(20) 52.219-8, Utilization of Small Business Concerns (Feb 2024) ( 15 U.S.C. 637(d)(2) and (3)).

__(21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) ( 15 U.S.C. 637(d)(4)).

__(ii) Alternate I (Nov 2016) of 52.219-9.

__(iii) Alternate II (Nov 2016) of 52.219-9.

__(iv) Alternate III (Jun 2020) of 52.219-9.

__(v) Alternate IV (Sep 2023) of 52.219-9.

__(22) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) ( 15 U.S.C. 644(r)).

__(ii) Alternate I (Mar 2020) of 52.219-13.

__(23) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).

__(24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__(25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) ( 15 U.S.C. 657f).

__(26) (i) 52.219-28, Post Award Small Business Program Representation (Feb 2024) ( 15 U.S.C. 632(a)(2)).

__(ii) Alternate I (Mar 2020) of 52.219-28.

__(27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(m)).

__(28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) ( 15 U.S.C. 637(m)).

__(29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).

__(30) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).

_X_(31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_X_(32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024).

_X_(33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_(34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__(ii) Alternate I (Feb 1999) of 52.222-26.

_X_(35) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

__(ii) Alternate I (Jul 2014) of 52.222-35.

_X_(36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).

__(ii) Alternate I (Jul 2014) of 52.222-36.

_X_(37) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).

_X_(38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

_X_(39) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O. 13627).

__(ii) Alternate I (Mar 2015) of 52.222-50 ( 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 or commercial services as prescribed in FAR 22.1803.)

__(41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__(ii) Alternate I (May 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__(42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__(43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__(44) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__(ii) Alternate I (Oct 2015) of 52.223-13.

__(45) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__(ii) Alternate I (Jun2014) of 52.223-14.

__(46) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) ( 42 U.S.C. 8259b).

__(47) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__(ii) Alternate I (Jun 2014) of 52.223-16.

_X_(48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O.

13513).

__(49) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__(50) 52.223-21, Foams (Jun2016) (E.O. 13693).

__(51) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__(ii) Alternate I (Jan 2017) of 52.224-3.

_X_(52) (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83).

__(ii) Alternate I (Oct 2022) of 52.225-1.

__(53) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__(ii) Alternate I [Reserved].

__(iii) Alternate II (Dec 2022) of 52.225-3.

__(iv) Alternate III (Feb 2024) of 52.225-3.

__(v) Alternate IV (Oct 2022) of 52.225-3.

__(54) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_(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).

__(56) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

__(57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

_X_(58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C.

5150).

__(59) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__(60) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

__(61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C.

4505, 10 U.S.C. 3805).

_X_(62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C.

3332).

__(63) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

__(64) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).

__(65) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).

__(66) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)).

__(67) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

__(ii) Alternate I (Apr 2003) of 52.247-64.

__(iii) Alternate II (Nov 2021) of 52.247-64.

(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. chapter67).

__(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).

__(4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__(5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).

__(6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) ( 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).

__(9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712).

(iii) 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)).

(iv) 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).

(v) 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).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L.

117-328).

(vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115– 390, title II).

(B) Alternate I (Dec 2023) of 52.204–30.

(viii) 52.219-8, Utilization of Small Business Concerns (Feb 2024) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ix) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(x) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).

(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xv) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67).

(xvi) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).

(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).

(xviii) 52.222-53, Exemption from…