1232SA24Q0105.pdf

REQUEST FOR QUOTATION (RFQ) No. 1232SA24Q0105

Issuing Office:

United States Department of Agriculture (USDA), Agricultural Research Service (ARS), Contracts Operations Branch (COB), 5601 Sunnyside Avenue

Beltsville MD 20705

Solicitation Number: 1232SA24Q0105

Agency Contact:

Scott Ballweg Contract Specialist scott.ballweg@usda.gov

Title: 2024 PFAS Center of Excellence Forum for Sept 10, 2024, through Sept 12, 2024

Solicitation Release Date: July 22, 2024

Technical Questions Due Date: 1:00 p.m., Eastern Time (ET), July 25, 2024. Questions must be emailed to scott.ballweg@usda.gov

Quotation Due Date: 1:00 p.m., ET, July 29, 2024. Quotes must be emailed to scott.ballweg@usda.gov

NOTE: As a result of this RFQ, USDA anticipates awarding a single Firm-Fixed-Price (FFP) purchase order. This is an Unrestricted Set-Aside for NAICS 721110; Hotels (except Casino Hotels) and Motels.

PART I - RFQ INFORMATION AND INSTRUCTIONS

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

This is an OPEN-MARKET Firm-Fixed-Price (FFP) RFQ. This solicitation is prepared in accordance with Federal Acquisition Regulation (FAR) Part 12, the Acquisition of Commercial Products and Commercial Services in conjunction with the policies and procedures for solicitation, evaluation, award as prescribed in FAR Part 13, Simplified Acquisition Procedures to include FAR Subpart 13.5, Simplified Procedures for Certain Commercial Products and Commercial Services. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2024-03.

This solicitation is an Unrestricted set-aside, and the North American Industry Classification System (NAICS) code is 721110; Hotels (except Casino Hotels) and Motels with an industry size standard of $40,000,000.00. A responsible quoter is one whose quotation conforms to the solicitation and will be most advantageous to the Government. It is the contractor’s responsibility to be familiar with applicable clauses and provisions. FAR Provisions and Clauses may be viewed and/or downloaded from http://www.acquisition.gov/far.

All contractors must have a current active registration in the System for Award Management (www.SAM.gov) at the time of quote submission in order to be eligible to receive an award under this RFQ.

INSTRUCTIONS FOR PREPARATION OF QUOTATIONS

In responding to this RFQ, quotations MUST include the following:

1. Technical Quote: Narrative discussion addressing the quoter’s technical approach and technical merit factors. A description of how the Performance Work Statement (PWS) requirements will be completed (section 3.0). Technical quote will be submitted in a separate document from Price Quote.

2. Past performance references: Provide a matrix of recent relevant past performance (within the last three years), which shall include the following: a short description of the work, the dates of work performance, the name of the client and a contact phone number and email address, so a reference check can be conducted. Quotations must include three references.

3. Price Quote: Submitted pricing on attachment two. Price quote will be submitted separately from technical quote.

4. Organizational Information: Quotations shall include the following mandatory business information regarding your company in the body of the cover email message:

Confirmation your company accepts government purchase orders.

Business Size (Small, Woman-Owned, Disadvantaged, Hub-Zone, Large, Non- Profit, etc.)

Payment Terms (Government Standard is NET 30) Unique Entity Identifier (UEI #) Federal Tax Identification Number (TIN) (9-Digits) Correct Mailing Address for the order (include name, telephone, email address); Note: Mailing address and entity name shall match the information in www.sam.gov Verification company information listed in the System for Award Management (SAM) current and accurate? https://www.sam.gov/SAM/

5. Instructions for Preparation of Quotations: Quotations must be submitted electronically as Adobe (.pdf) files with the technical capability, pricing, past performance and organizational information sections submitted in a SINGLE email.

Vendors pricing must be only submitted on attached Attachment 2.

6. Evaluation of Quotations: The Government will evaluate quotes and make a Best Value Award decision based on the following factors rated:

1. Technical Capability.

2. Past Performance; and

3. Price.

All evaluation factors other than cost or price, when combined, are significantly more important than cost or price.

The government will evaluate Proposals using the following adjectival rating.

Adjectival Description

Exceptional Greatly exceeds all minimum requirements of the criteria; has a high probability of success; contains no weaknesses or deficiencies.

Good Exceeds all the minimum requirements of the criteria; has an above average probability of success; contains no significant weaknesses and only minor, correctable weaknesses exist.

Acceptable Meets all the minimum requirements of the criteria; has an average probability of success; no significant weaknesses and any deficiencies can be readily corrected.

Marginal Fails to meet one or more of the minimum requirements of the criteria; low probability of success; major weaknesses and/or significant number of deficiencies exist.

Unacceptable Fails to meet any of the minimum requirements of the criteria;

proposal needs major revisions; very low probability of success.

Exceptional: An exceptional proposal is characterized as follows:

1. The proposed approach indicates an exceptionally thorough and comprehensive understanding of the program goals, resources, schedules, and other aspects essential to performance of the program.

2. In terms of the specific factor (or significant sub-factor), the proposal contains major strengths, exceptional features, or innovations that should substantially benefit the program.

3. There are no weaknesses or deficiencies.

4. The risk of unsuccessful contract performance is extremely low.

Good: A good proposal is characterized as follows:

1. The proposed approach indicates a thorough understanding of the program goals and the methods, resources, schedules, and other aspects essential to the performance of the program.

2. The proposal has major strengths and/or minor strengths which indicate the proposed approach will benefit the program.

3. Weaknesses, if any, are minor and are more than offset by strengths.

4. Risk of unsuccessful performance is very low.

Acceptable: An acceptable proposal is characterized as follows:

1. The proposed approach indicates an adequate understanding of the program goals and the methods, resources, schedules, and other aspects essential to the performance of the program.

2. There are few, if any, exceptional features to benefit the program.

3. The risk of unsuccessful performance is low.

4. Weaknesses are generally offset by strengths.

Marginal: A marginal proposal is characterized as follows:

1. The proposed approach indicates a superficial or vague understanding of the program goals and the methods, resources, schedules, and other aspects essential to the performance of the program.

2. The proposal has weaknesses that are not offset by strengths.

3. The risk of unsuccessful contract performance is moderate.

Unacceptable: An unacceptable proposal is characterized as follows:

1. The proposed approach indicates a lack of understanding of the program goals and the methods, resources, schedules, and other aspects essential to the performance of the program.

2. Numerous weaknesses and deficiencies exist.

3. The risk of unsuccessful performance is high.

TECHNICAL EVALUATION & PAST PERFORMANCE CRITERIA

Technical Evaluation and ranking of the quote will be based on the following elements:

Facility availability. As described in the PWS: September 10 through the 12, 2024.

a) Describe your cancellation procedures and fees associated, including a maximum cancellation fee.

b) Cancellation fees must be provided in dollars (not percentages) and cannot be more than the total quoted price for that forum.

c) Draft Venue Contract/Agreement: If you plan to ask the government to sign such a document, you must provide a draft contract/agreement which does not include taxes, insurance, or an indemnity clause, and does include wording to the effect that where the government’s contract conflicts, the government contract will take precedence. There are specific items and terms which the government cannot permit in a binding contract.

1. Locality requirements: Venue/Hotel located within Washington DC

2. Meeting rooms and facility space(s): Include a floor plan of all spaces, indicating which meeting rooms and facility spaces are being offered. Refer to Detailed Requirements section for quantity, and capacity requirements.

a) Main Meeting Room: Conference room meeting the capacity noted in the Detailed Requirements section.

b) Breakout rooms: Separate breakout rooms meeting the quantities and capacities noted in the Detailed Requirements section.

c) Registration area: One registration area located outside of the Main Meeting Room.

d) ADA accessible: The Main Meeting Room and breakout rooms must comply with ADA standards, including elevators and ramps (annotate these on the floor plan).

3. Meeting space equipment and services:

a) High speed wireless internet connection throughout all meeting rooms and common areas.

4. Light Refreshments and Beverage Service

a) Beverage service (coffee, tea, hot water, ice water) will be available 7:00 am to 5:00 pm PT on each day of the event in a central location and ice water will be available in the Main Meeting Room and breakout rooms.

5. Lodging and amenities:

a) Non-smoking lodging room block within the facility for up to 60 guests.

b) The USDA attendees will have access to Wi-Fi, and other amenities available to standard hotel guests (such as exercise rooms, guest services) for the duration of the meeting.

c) Cleaning services. Cleaning standards described.

d) Eateries: Include a list of eateries and attractions that are within 2 miles of the venue that are accessible by walking or by affordable public transportation, or ride share services (taxi, Uber, Lyft, etc.)

6. Onsite support staff availability.

a) One conference services/planner available 7:00am to 4:00pm EST each day of the event.

b) One dedicated AV technical services support is available 7:00am to 5:00pm EST each day of the event.

c) IT/AV/Maintenance support on an as needed basis during set-up and for the duration of the seminar schedule.

7. Performance work statement response.

a) Describe the plan to meet and or/to deliver all items as specified in the PWS.

b) References: Three recent and relevant references to verify past performance. Recent and relevant is defined as similarly sized events within the past four years. Please provide the name of the client, event, and phone number/email address so a reference check can be conducted.

Verify satisfactory past performance. Demonstrated past performance that will meet the Government's requirements outlined in the statement of work. Factors that may be reviewed include:

i. Timeliness—Delivery or Performance

ii. Problem Responsiveness

iii. Quality of Purchased Product or Services

iv. Technical Support

v. Delivered Quantities

8. Cancellation procedures: Although the USDA is confident that we will hold the meeting on

September 10-12, 2024, there may be a need to cancel or move the meeting. Describe your cancellation procedures and all fees associated including a maximum cancellation fee.

Cancellation fees must be provided in dollars (not percentages) and cannot be more than the total quoted price for the meeting.

PRICE - EVALUATION CRITERIA

1. Price

a) Vendors must fill out the attached Attachment 2 - Pricing.xlsx Excel with firm fixed pricing.

PART II - SCHEDULE OF SERVICES

The Contractor shall furnish all supplies/services to perform the tasks described under this purchase order entitled, 2024 PFAS Center of Excellence Forum.

This is an UNRESTRICTED SET-ASIDE, FIRM-FIXED-PRICE (Request for Quotation and Quoters shall quote a total price breakdown utilizing attachment two, price sheet.

PART III - PERFORMANCE WORK STATEMENT

Project: 2024 PFAS Center of Excellence Forum for Sept 10, 2024, through Sept 12, 2024

GENERAL INFORMATION

1.0 Scope of Work:

The United States Department of Agriculture (USDA), Agricultural Research Service (ARS), will host a three-day PFAS Center of Excellence Forum from September 10 to September 12, 2024, in Washington, DC. The forum will accommodate approximately 150 participants each day, including attendees, presenters, and event organizers. USDA ARS is currently seeking a venue in the Washington, DC area that can provide hotel accommodations, parking, a spacious meeting room seating 150 people comfortably, and up to four smaller breakout rooms. Additionally, they require audio-visual services and equipment, light refreshments, and breakfast and lunch for all three days. The contractor facilities shall comply with the Hotel and Motel Fire Safety Act of 1990, and public law 101- 391.

2.0 Background USDA – ARS:

ARS is one of four agencies that serve USDA’s Research, Education, and Economics (REE) mission area. REE is dedicated to creating a safe, sustainable, competitive U.S. food and fiber system, as well as building strong communities, families, and youth through integrated research, analysis, and education. The Agricultural Research Service (ARS) is the principal in-house research agency of the United States Department of Agriculture (USDA). As the chief scientific in-house research agency, the ARS is responsible for developing and transferring solutions to agricultural problems of high national priority. Their work spans from the field to the table, addressing issues that affect Americans every day.

ARS, PFAS Center of Excellence Forum The PFAS Center of Excellence forum serves as a collaborative platform for researchers, policymakers, and stakeholders to identify, discuss and address critical agricultural issues presented by per- and polyfluoroalkyl substances (PFAS) contamination. Its purpose includes sharing knowledge, identifying research gaps, and developing strategies to mitigate PFAS impacts across agricultural industries.

CONTRACTOR REQUIREMENTS

3.0 Technical Requirements/Tasks:

The following tasks and deliverables are intended to provide a clear approach to conduct the forum effectively and efficiently. The venue and hotel accommodations must not have renovations scheduled during the dates of the forum (no exceptions).

3.1 : Hotel Venue and Accommodations The contracted venue must provide hotel room accommodations and venue which meet the following:

Provide a room block for 60 individual travelers for the following dates (each attendee will pay for their room stay separately):

o September 9, 2024, through September 12, 2024 Room type may be a combination of King or 2 Queen/Double. The hotel venue must also have ADA (Americans with Disabilities Act) accessible rooms available, if requested by attendee as well as supplying lodging of a AAA 3-diamond rating or higher (or equivalent rating system). The resort facility must accommodate 60 individuals with in-house breakfast. All hotel rooms reserved, and conference rooms must be located within the same hotel.

All lodging will have central A/C and heating, daily housekeeping, gym, and access to free Wi-Fi. The lodging venue must house a maximum of 60 individuals. Any charges to the room for food and beverage tabs, room service meals, movies, and/or services is solely chargeable to the guest. The hotel must provide a room block link for the guest to make reservations.

Room rate must not exceed the 2024 Federal per diem rate per night for the Washington DC Area. Washington DC honors the Hotel Tax Exempt for Government employees with traveler provided exemption form. ARS will provide attendees with hotel exemption form.

Hotel venue must be located within walking distance (0.5 miles) evening activities for attendees (e.g., restaurants, grocery, pharmacy, shopping), and have an atmosphere that promotes networking, team building, and small meetings. Within the venue’s proposal, the venue must provide a list of available restaurants, including mileage from the venue.

Provide certification of being on the Federal Emergency Management Agency (FEMA) approved list of hotels https://apps.usfa.fema.gov/hotel/ or provide certification that it offers the minimum level of fire safety by having at least one, single-station, hard-wired smoke alarm in each guest room; and if the building is four or more stories in height, each room must have additional protection provided by an automatic fire sprinkler system.

The hotel must conduct the set-up and breakdown of the event space the day prior and after the meeting (Monday, September 9th and Thursday, September 12th (after 5PM).

Remain compliant with the requirements of the Americans with Disabilities Act (ADA) (Public Law 101-336) (42 U.S.C. 12101 et. Seq.) throughout the life of the event.

Waive all applicable Federal, state, and local taxes where appropriate and as specified in accordance with the current state tax code. The Federal Government is tax exempt, and tax should not be charged. Please refer to FAR Part 29 – Taxes and Part 31- Contract Cost Principles and Procedures, for additional information.

If available, hold shipped materials and equipment in a secure area at the hotel and/or meeting facility prior to meeting at no additional cost to the Government.

If available, have complimentary shuttle service for attendees to travel to and from the airport to hotel.

If the total number of reservations made results in a lower number than the number of individuals who attend, any additional fees will not be assessed to USDA, and remaining rooms will be returned for use by the public.

The Contractor shall ensure that guests are allowed to check-in early (if available) on the arrival day (Monday or

Tuesday), and check-out late on the departure date (Thursday or Friday) at no extra cost. Meeting participants wishing to extend their stay in the hotel must check out within the designated checkout time on the specified end date. All USDA employee meeting guests are fully responsible for any incurred expenses during their extended stay.

The Federal Government will NOT pay for, and is not liable for, incidental items such as in- room movies, alcohol, room service, or any other additional charges. These items must be paid for directly by the room occupant prior to checkout.

All sleeping rooms shall met FedRooms standard amenities. All regular hotel guest facilities and amenities, to include the hotel business center and the exercise facilities, shall be made available for meeting attendees free of charge, if they are registered in the hotel. All sleeping rooms must include internet/WIFI service at no fee.

3.2 : Reception and Meeting Space The contracted venue must provide a meeting space on the following days for:

September 10-12, 2024: One separate room for no less than ten USDA planning team staff to gather and prepare/debrief each day (the evening of Sept 09 as well as all day on Sep 10, Sept 11 and all day Sep 12, 2024)

September 10 through September 12, 2024: One separate large room for no less than 150 attendees as the main meeting space, Round-table seating for participants. One platform for a “stage” setting, to include one podium and rectangle table(s) for panel of ten at the front of the room, and one United States flag.

September 10, through September 12, 2024: up to four separate breakout rooms with seating arrangements for multiples of 18 participants. To clarify, the venue must support eight different working groups (that is: 8 breakout SESSION spaces, not necessarily 8 separate breakout rooms) to enable each group to meet and converse with little disturbance from the other groups. That is, the venue does not need to provide 8 separate rooms, but a combination of rooms that: (1) may fit 18-20 people individually, and/or (2) larger rooms that will fit two or more breakout groups of 18-20 people each to meet. If the latter, the rooms containing more than one breakout group should be large enough for each group therein to meet and hold effective conversations, without being so close to other group(s) as to disturb the conversations of the others. Suitable configurations may therefore include, for example, the use of the large meeting space for say, four breakout session groups, each meeting in a corner of that room and then two large rooms that each can hold two breakout groups – one at either end, where they can meet effectively.

A floorplan of the meeting space, including dimensions and/or capacity levels, must be included in the vendor’s proposal.

Both the Main Meeting Room and Breakout Meeting Rooms shall be near each other (co-located in the same building/same floor). All meeting rooms will be on a 24-hour hold during each day of the event and will not be available for other hotel customers during USDA’s meeting.

Meeting space must be clearly labeled for USDA’s attendees and directional signs/posters should be provided if needed, per the Technical Point of Contact’s (TPOC) request.

Table setting should be school room style or round table with all seating facing the front, so no one has to rearrange their physical body to face the front of the room.

Tables need to be fitted with tablecloths and skirts.

Trash and recycling receptacles at back of room.

3.3 : Audio Visual (AV) Service and Equipment The contracted venue must provide AV service and equipment on the following days to include:

September 10 through September 12, 2024: Four handheld wireless microphones and speaker system and one hard-wired microphone on the provided podium. Presentations must be clearly projected at the front of the room/staged area, and two sides of the meeting space for ease in attendees’ visibility. AV must include setup, breakdown, troubleshooting assistance, cables for computer projection to screens/TV monitors. The Government will bring to the event a laptop and that is it. We expect to hook up the laptop and present using the contractor’s equipment.

Signage for the forum to be posted in the hotel and conference space.

Display Easels, flip pads, and markers for eight breakout sessions.

Dedicated Wi-Fi access with sufficient bandwidth to support connection with Microsoft Teams, Zoom, or other similar networking programs for all attending the meeting.

3.4 : Refreshments The contracted venue must provide light refreshments. The vendor’s proposal must list examples of what the light refreshments will consist of on each of the dates.

3.4.a. Provided Refreshments The contracted venue must provide light refreshments on the following dates and times:

September 10, 11, 12, 2024: Break Bar: Beverage such as: coffee, tea (hot and iced), water (not bottled). Light refreshments such as: granola bars, fresh fruit, dried fruit. Keep replenished for morning and afternoon breaks.

3.5 : Breakfast and lunch meals for three days.

The contracted venue must provide breakfast and lunch (example menu listed below in 3.5.1). The vendor’s proposal must list examples of what the meals will consist of on each of the dates, and need to include vegetarian, vegan, and gluten-free options.

3.5.1 September 10, 11, 12, 2024: Sample Breakfast options

Day 1: Breakfast:

Beverages:

o Freshly brewed coffee and tea o Assorted fruit juices

Main Items:

o Scrambled eggs o Turkey bacon and sausage links o Oatmeal station with toppings (nuts, dried fruits, brown sugar)

Breads and Pastries:

o Assorted muffins and bagels with cream cheese o Toast with butter and jams

Fruits:

o Seasonal fruit platter

Day 2: Breakfast:

Beverages:

o Freshly brewed coffee and tea o Assorted fruit juices

Main Items:

o Omelet station with a variety of fillings (cheese, mushrooms, peppers, onions) o French toast with maple syrup o Low-fat yogurt with granola

Breads and Pastries:

o Croissants and Danishes

Fruits:

o Fresh fruit salad

Day 3: Breakfast:

Beverages:

o Freshly brewed coffee and tea o Assorted fruit juices

Main Items:

o Pancake station with syrup, whipped cream, and berries o Hard-boiled eggs o Whole grain cereals with milk

Breads and Pastries:

o Whole grain bagels and English muffins with various spreads Fruits:

o Fruit kebabs

September 10, 11, 12, 2024: Lunch

3.5.2 September 10, 11, 12, 2024: Sample Lunch options

Day 1: Lunch:

Starter:

o Mixed greens salad with cherry tomatoes, cucumbers, and carrots o Vegetable soup (vegetarian)

Main Course:

o Grilled chicken breast with lemon-thyme sauce o Penne pasta with marinara sauce (vegetarian)

Sides:

o Garlic bread o Seasonal steamed vegetables

Desserts:

o Chocolate brownies o Fruit salad (vegetarian)

Day 2: Lunch:

Starter:

o Caesar salad (with vegetarian option without anchovies) o Lentil soup (vegetarian)

Main Course:

o Roast beef with mushroom gravy o Vegetable lasagna (vegetarian)

Sides:

o Roasted rosemary potatoes o Green beans almondine

Desserts:

o Cheesecake o Apple pie (vegetarian)

Day 3: Lunch:

Starter:

o Caprese salad (vegetarian) o Corn chowder (vegetarian)

Main Course:

o Herb-roasted chicken with a light gravy o Quinoa salad with roasted vegetables (vegan)

Sides:

o Dinner rolls o Rice pilaf

Desserts:

o Lemon bars o Mixed berry compote with whipped cream (vegetarian)

4.0 Government Furnished: ARS will provide attendees with the hotel tax exemption form.

5.0 Deliverables / Schedule:

Key Deliverables

Item No.

Deliverable Objective Due

3.1 Hotel Venue and

Accommodations

Provide hotel accommodations for participants of the ARS PFAS Forum

Between Sept 9, 2024, through Sept 12, 2024 event.

3.2 Reception and

Meeting Space

Provide reception and meeting space for participants of the PFAS Forum event.

Between Sept 10, 2024, through Sept 12, 2024

3.3 Audio Visual (AV)

Service and Equipment

Provide AV services and equipment to support the PFAS Forum event.

Between Sept 10, 2024, through Sept 12, 2024

3.4 Refreshments Provide light refreshments for

participants during AM/PM breaks

Between Sept 10, 2024, through Sept 12, 2024

3.5.1 Breakfast Provide Breakfast options each day Between Sept 10, 2024, through Sept 12, 2024

3.5.2 Lunch Provide Lunch options each day Between Sept 10, 2024, through Sept 12, 2024

6.0 Security Requirements: Within the vendor’s proposal, the vendor will provide ARS a copy of the venue’s floorplan for meeting space and hotel accommodations indicating emergency exits and/or exit routes.

7.0 Period of Performance:

The performance period will be September 9, 2024, through September 12, 2024. With the PFAS Forum starting on September 10, 2024, going through to end of the day on September 12, 2024.

PART IV - PROVISIONS AND CLAUSES

FEDERAL ACQUISITION REGULATION (FAR) AND

AGRICULTURE ACQUISITION REGULATION (AGAR)

PROVISIONS

FAR & AGAR PROVISIONS INCORPORATED BY REFERENCE

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 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 https://www.acquisition.gov/far.

(End of provision)

52.204-7 System for Award Management (Oct 2018)

52.204-16 Commercial and Government Entity Code Reporting (Aug 2020)

52.212-1 Instructions to Offerors -- Commercial Items (Mar 2023)

52.212-3 Offeror Representations and Certifications -- Commercial Items (Dec 2022)

FAR & AGAR PROVISIONS IN FULL TEXT

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products 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.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

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

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the

Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

CLAUSES

FAR CLAUSES INCORPORATED BY REFERENCE

52.252-2 -- Clauses Incorporated by Reference (Feb 1998) 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 http://www.acquisition.gov/far

(End of Clause)

52.202-1

Definitions (Jan 2020)

52.203-3

Gratuities (Apr 1984)

52.203-12

Limitation on Payments to Influence Certain Federal Transactions (Jun 2020)

52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)

52.204-27 Prohibition on a ByteDance Covered Application (Jun 2023)

52.212-4 Contract Terms and Conditions - Commercial Items (Dec 2022)

52.232-18 Availability of Funds (Apr 1984)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023)

52.242-15 Stop Work Order (Aug 1989)

FAR & AGAR CLAUSES IN FULL TEXT

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (May 2024)

(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:

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).

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

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN2010) (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).

(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).

X (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).

X (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]

(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 Rerepresentation (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).

X (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 (MAY 2024) ( 42 U.S.C. 7671, et seq.).

(43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) ( 42 U.S.C. 7671, et seq.).

(44) 52.223-20, Aerosols (MAY 2024) ( 42 U.S.C. 7671, et seq.).

(45) 52.223-21, Foams (MAY 2024) ( 42 U.S.C. 7671, et seq.).

(46) 52.223-23, Sustainable Products and Services (MAY 2024) ( E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

(47)

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

(ii) Alternate I (JAN 2017) of 52.224-3 X(48)

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

(ii) Alternate I (OCT 2022) of 52.225-1. (49)

(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.

(50) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X_ (51) 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).

(52) 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).

(53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

(54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) ( 42 U.S.C. 5150).

X_ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) ( E.O. 13513).

(56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

(57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

(58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

X_ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) ( 31 U.S.C. 3332).

(60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

(61) 52.232-36, Payment by Third Party (MAY 2014) ( 31 U.S.C. 3332).

(62) 52.239-1, Privacy or Security Safeguards (AUG 1996) ( 5 U.S.C. 552a).

(63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) ( 15 U.S.C. 637(d)(13)). (64)

(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:

x (1) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter67).

x (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).

x (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).

x (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).

x (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

x (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

x (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.