1240BD23Q0058_CERD_Portable Toilet_RFQ.pdf

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6 of the Federal Acquisition Regulation, as supplemented with additional information included in this notice.

(ii) This solicitation is issued as a Request for Quotation (RFQ).

(iii)The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-08.

(iv)This procurement is set aside for Total Small Business Concerns. The NAICS code is

562991 and the Small Business Size Standard is 8 million.

(v) Schedule of Items/Price Schedule

SEE NEXT PAGE

2023 CERD Portable Toilets Solicitation No: 1240BD23Q0058

BASE YEAR 2023

ITEM

No.

Description Weekly Rate Per Unit

Estimated Number of Units

Estimated number of

Weeks

Total Price

BASE

DELIVERY/PICK UP, STANDARD UNITS

week of 5/24/2023 and 9/4/2023 Box Canyon, Teanaway, Lost Lake, East Kachess Boat Launch, Gold Creek, Keechelus Boat Launch

$ 15 $

BASE

0001AA

Monthly Rental – Standard Portable Units Includes Cleaning and Pumping once weekly Box Canyon, Teanaway, Lost Lake, East Kachess Boat Launch, Gold Creek, Keechelus Boat Launch

Estimated Performance Period: 05/24/2023 - 09/06/2023

$ 15 15 $

Option Item

0001AB

Additional (second) weekly Cleaning only Standard Units.

Box Canyon, Teanaway, Lost Lake, East Kachss Boat Launch, Gold Creek, Keechelus Boat Launch

Estimated Performance Period: 06/26/2023 - 09/06/2023

$ 15 10 $

BASE

DELIVERY/PICK UP, 3 ADA, 18 STANDARD

UNITS Week of 5/24/2023 AND 9/2/2023 French Cabin, Owhi Boat Launch, Morgan And Dry Creek, Cooper Day Use, Alevin, Big Firs, Thalwig, River Bend And Little SALMON

$ 21 $

BASE

0002AA

Monthly Rental – Standard Portable Toilet units Includes Cleaning and Pumping once weekly French Cabin, Owhi Boat Launch, Morgan And Dry Creek, Cooper Day Use, Alevin, Big Firs, Thalwig, River Bend And Little Salmon

Estimated Performance Period: 05/24/2023- 09/06/2023

$ 18 15 $

BASE

0002AB

Monthly Rental – ADA Portable Toilet units Includes Cleaning and Pumping once weekly.

French Cabin, Owhi Boat Launch, Morgan And Dry Creek, Cooper Day Use, Alevin, Big Firs, Thalwig, River Bend And Little Salmon

Estimate Performance Period:05/24/2023 - 09/06/2023

$ 3 15 $

Option Item

0002AC

Additional (second) weekly Cleaning only French Cabin, Owhi Boat Launch, Morgan And Dry Creek, Cooper Day Use, Alevin, Big Firs, Thalwig, River Bend And Little Salmon

Estimated Performance Period: 06/26/2023 - 09/06/2023

$ 18 10 $

TOTAL BASE YEAR ( Base Items + Option Items ) $

2023 CERD Portable Toilets

OPTION YEAR 1 2024

No.

Description Weekly Rate Per

Unit

Estimated Number of

Units

Estimated number of

Weeks

Total Price

BASE

10001

DELIVERY/PICK UP, STANDARD UNITS

week of 5/22/2024 and 9/2/2024 Box Canyon, Teanaway, Lost Lake, East Kachess Boat Launch, Gold Creek, Keechelus Boat Launch

15 $

BASE

10001AA

Monthly Rental – Standard Portable Units Includes Cleaning and Pumping once weekly Box Canyon, Teanaway, Lost Lake, East Kachess Boat Launch, Gold Creek, Keechelus Boat Launch

Estimated Performance Period: 05/22/2024 - 09/04/2024

$ 15 15 $

Option Item

10001AB

Additional (second) weekly Cleaning only Standard Units Box Canyon, Teanaway, Lost Lake, East Kachss Boat Launch, Gold Creek, Keechelus Boat Launch

Estimated Performance Period: 06/26/2024 - 09/06/2024

$ 15 10 $

BASE

10002

DELIVERY/PICK UP, 3 ADA, 18 STANDARD

UNTS Week of 05/22/2024 AND 9/2/2024 French Cabin, Owhi Boat Launch, Morgan And Dry Creek, Cooper Day Use, Alevin, Big Firs, Thalwig, River Bend And Little SALMON

21 $

BASE

10002AA

Monthly Rental – Standard Portable Toilet units Includes Cleaning and Pumping once weekly.

French Cabin, Owhi Boat Launch, Morgan And Dry Creek, Cooper Day Use, Alevin, Big Firs, Thalwig, River Bend And Little Salmon

Estimated Performance Period: 05/22/2024- 09/04/2024

$ 18 15 $

BASE

10002AB

Monthly Rental – ADA Portable Toilet units Includes Cleaning and Pumping once weekly.

French Cabin, Owhi Boat Launch, Morgan And Dry Creek, Cooper Day Use, Alevin, Big Firs, Thalwig, River Bend And Little Salmon

Estimate Performance Period:05/22/2024 - 09/04/2024

$ 3 15 $

Option Item

10002AC

Additional (second) weekly Cleaning only French Cabin, Owhi Boat Launch, Morgan And Dry Creek, Cooper Day Use, Alevin, Big Firs, Thalwig, River Bend And Little Salmon

Estimated Performance Period: 06/26/2024 - 09/04/2024

$ 18 10 $

TOTAL OPTION YEAR 1 ( Base Items + Option Items ) $

2023 CERD Portable Toilets

OPTION YEAR 2 2025

No.

Description Weekly Rate Per

Unit

Estimated Number of

Units

Estimated number of

Weeks

Total Price

BASE

20001

DELIVERY/ PICK UP STANDARD UNITS

week of 5/21/2025 and 9/1/2025 Box Canyon, Teanaway, Lost Lake, East Kachess Boat Launch, Gold Creek, Keechelus Boat Launch

$ 15 $

BASE

20001AA

Monthly Rental – Standard Portable Units Includes Cleaning and Pumping once weekly Box Canyon, Teanaway, Lost Lake, East Kachess Boat Launch, Gold Creek, Keechelus Boat Launch

Estimated Performance Period: 05/21/2025 - 09/03/2025

$ 15 15 $

Option Item

20001AB

Additional (second) weekly Cleaning only Standard Units Box Canyon, Teanaway, Lost Lake, East Kachss Boat Launch, Gold Creek, Keechelus Boat Launch

Estimated Performance Period: 06/25/2025 - 09/03/2025

$ 15 10 $

BASE

20002

DELIVERY/PICK UP, 3 ADA, 18 STANDARD

UNTS Week of 05/21/2025 AND 9/2/2025 French Cabin, Owhi Boat Launch, Morgan And Dry Creek, Cooper Day Use, Alevin, Big Firs, Thalwig, River Bend And Little SALMON

21 $

BASE

20002AA

Monthly Rental – Standard Portable Toilet units Includes Cleaning and Pumping once weekly.

French Cabin, Owhi Boat Launch, Morgan And Dry Creek, Cooper Day Use, Alevin, Big Firs, Thalwig, River Bend And Little Salmon

Estimated Performance Period: 05/21/2025- 09/03/2025

$ 18 15 $

BASE

20002AB

Monthly Rental – ADA Portable Toilet units Includes Cleaning and Pumping once weekly.

French Cabin, Owhi Boat Launch, Morgan And Dry Creek, Cooper Day Use, Alevin, Big Firs, Thalwig, River Bend And Little Salmon

Estimate Performance Period:05/21/2025 - 09/03/2025

$ 3 15 $

Option Item

20002AC

Additional (second) weekly Cleaning only French Cabin, Owhi Boat Launch, Morgan And Dry Creek, Cooper Day Use, Alevin, Big Firs, Thalwig, River Bend And Little Salmon

Estimated Performance Period: 06/25/2025 - 09/03/2025

$ 21 10 $

TOTAL OPTION YEAR 2 ( Base Items + Option Items ) $

2023 CERD Portable Toilets

OPTION YEAR 3 2026

No.

Description Weekly Rate Per

Unit

Estimated Number of

Units

Estimated number of

Weeks

Total Price

BASE

30001

DELIVERY/ PICK UP, STANDARD UNITS

week of 5/20/2026 and 9/7/2026 Box Canyon, Teanaway, Lost Lake, East Kachess Boat Launch, Gold Creek, Keechelus Boat Launch

15 $

BASE

30001AA

Monthly Rental – Standard Portable Units Includes Cleaning and Pumping once weekly Box Canyon, Teanaway, Lost Lake, East Kachess Boat Launch, Gold Creek, Keechelus Boat Launch

Estimated Performance Period: 05/20/2026 - 09/09/2026

$ 15 15 $

Option Item

30001AB

Additional (second) weekly Cleaning only Standard Units Box Canyon, Teanaway, Lost Lake, East Kachss Boat Launch, Gold Creek, Keechelus Boat Launch

Estimated Performance Period: 06/24/2026 - 09/09/2026

$ 15 10 $

BASE

30002

DELIVERY/PICK UP, 3 ADA, 18 STANDARD

UNTS Week of 05/20/2026 AND 9/7/2026 French Cabin, Owhi Boat Launch, Morgan And Dry Creek, Cooper Day Use, Alevin, Big Firs, Thalwig, River Bend And Little SALMON

21 $

BASE

30002AA

Monthly Rental – Standard Portable Toilet units Includes Cleaning and Pumping once weekly.

French Cabin, Owhi Boat Launch, Morgan And Dry Creek, Cooper Day Use, Alevin, Big Firs, Thalwig, River Bend And Little Salmon

Estimated Performance Period: 05/20/2026- 09/09/2026

$ 18 15 $

BASE

30002AB

Monthly Rental – ADA Portable Toilet units Includes Cleaning and Pumping once weekly.

French Cabin, Owhi Boat Launch, Morgan And Dry Creek, Cooper Day Use, Alevin, Big Firs, Thalwig, River Bend And Little Salmon

Estimate Performance Period:05/20/2026- 09/09/2026

$ 3 15 $

Option Item

30002AC

Additional (second) weekly Cleaning only French Cabin, Owhi Boat Launch, Morgan And Dry Creek, Cooper Day Use, Alevin, Big Firs, Thalwig, River Bend And Little Salmon

Estimated Performance Period: 06/24/2026- 09/09/2026

$ 21 10 $

TOTAL OPTION YEAR 3 ( Base Items + Option Items ) $

2023 CERD Portable Toilets

OPTION YEAR 4 2027

GRAND TOTAL BASE PLUS ALL OPTIONS $_____________

ITEM

No.

Description Weekly Rate Per

Unit

Estimated Number of

Units

Estimated number of

Weeks

Total Price

BASE

40001

DELIVERY/ PICK UP, STANDARD UNITS

week of 5/26/2027 and 9/6/2027 Box Canyon, Teanaway, Lost Lake, East Kachess Boat Launch, Gold Creek, Keechelus Boat Launch

15 $

BASE

40001AA

Monthly Rental – Standard Portable Units Includes Cleaning and Pumping once weekly Box Canyon, Teanaway, Lost Lake, East Kachess Boat Launch, Gold Creek, Keechelus Boat Launch

Estimated Performance Period: 05/26/2027 - 09/08/2027

$ 15 15 $

Option Item

40001AB

Additional (second) weekly Cleaning only Standard Units Box Canyon, Teanaway, Lost Lake, East Kachss Boat Launch, Gold Creek, Keechelus Boat Launch

Estimated Performance Period: 06/30/2027 - 09/09/2027

$ 15 10 $

BASE

40002

DELIVERY/PICK UP, 3 ADA, 18 STANDARD

UNTS Week of 05/26/2027 AND 9/06/2027 French Cabin, Owhi Boat Launch, Morgan And Dry Creek, Cooper Day Use, Alevin, Big Firs, Thalwig, River Bend And Little SALMON

21 $

BASE

40002AA

Monthly Rental – Standard Portable Toilet units Includes Cleaning and Pumping once weekly.

French Cabin, Owhi Boat Launch, Morgan And Dry Creek, Cooper Day Use, Alevin, Big Firs, Thalwig, River Bend And Little Salmon

Estimated Performance Period: 05/26/2027- 09/08/2027

$ 18 15 $

BASE

40002AB

Monthly Rental – ADA Portable Toilet units Includes Cleaning and Pumping once weekly.

French Cabin, Owhi Boat Launch, Morgan And Dry Creek, Cooper Day Use, Alevin, Big Firs, Thalwig, River Bend And Little Salmon

Estimate Performance Period:05/26/2027- 09/08/2027

$ 3 15 $

Option Item

40002AC

Additional (second) weekly Cleaning only French Cabin, Owhi Boat Launch, Morgan And Dry Creek, Cooper Day Use, Alevin, Big Firs, Thalwig, River Bend And Little Salmon

Estimated Performance Period: 06/24/2027- 09/09/2027

$ 21 10 $

TOTAL OPTION YEAR 4 ( Base Items + Option Items ) $

2023 CERD Portable Toilets Solicitation No: 1240BD23Q0058

Business Name:____________________________ SAM UEI: _________________

Email: _________________________

Contractor Signature: ____________________________ Date: _____________

CLE ELUM (CERD) PORTABLE TOILET CONTRACT

OKANOGAN WENATCHEE NATIONAL FOREST

KITTITAS COUNTY

WASHINGTON STATE

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

The Contractor shall provide all labor, equipment, and supplies necessary for the performance of this contract in the Cle Elum Ranger District project areas shown on the attached contract map. All work performed shall be in accordance with these specifications

Hereinafter referred to as “facilities” or “toilets”, shall be chemical type toilets which shall be placed on site by the contractor at specific locations upon the COR request. These services shall be temporary in time. On call services may be provided for special events, emergency situations, and other unknown events requiring such a service. The COR may delay the placement or extend the operating season due to unknown factors. These events will be adjusted in accordance with the contract schedule of items not to exceed total estimated price.

C.2 DESCRIPTION

All units and related pumping and cleaning services will be performed within Kittitas County, Washington State; Cle Elum Ranger District, Okanogan-Wenatchee National Forest. Portable Toilets shall be placed at various locations. Access to the sites and other information pertinent to each area will be included with each call for service The Government will identify, with orange colored flagging at each site, the exact location for Contractor’s placement of units prior to delivery

C.3 PROGECT LOCATIONS

The sites are located at various locations on the Cle Elum RangER District (CERD). See Section J for the CERD District Vicinity Map and Portable Toilet latitude/longitude. The locations for the Portable Toilet placement are:

Estimated distance to each work area from the Cle Elum Ranger Station:

Cle Elum Valley - Approximately18 miles, including 1 mile of gravel road

•French Cabin, Roads 4308, 4308111 and 4309

•Morgan Creek, Road 4300118

•Dry Creek Road, 4300120

•Cooper Bridge, (Cle Elum River Crossing), Road 4600

•Owhi Boat Launch Road, 4616113

2023 CERD Portable Toilets

Teanaway - Approximately 30 miles, including 10 miles of gravel road

•North Fork Teanaway, 9737

•Stafford Creek 9703

Box Canyon - Approximately 25 miles, includes 5 miles of gravel road

• Box Canyon Roads, 4930 and 4930118

Kachess – Approximately 16 miles including 1mile of gravel

•Kachess Dam Road, 4818

Lost Lake – Approximately 25 miles, including 8 miles of gravel

•Lost Lake Road 5480

Keechelus Boat Launch-Approximately 30 miles of pavement

There is a potential for the toilets to be moved by the public. It is recommended for the contractor to lock toilets together when feasible.

Placement and quantity may vary based on the recreational public’s interest and needs. Snow melt may delay estimated deliveries.

C.4 PERIOD OF PERFOAMNCE

YEAR Contract Period of Performance Anticipated Service Dates

BASE YEAR 05/20/2023 – 05/19/2024 05/24/2023 – 09/06/2023

OPTION YEAR 1 05/20/2024 - 05/19/2025 05/22/2024 – 09/04/2024

OPTION YEAR 2 05/20/2025 - 05/19/2026 05/21/2025 – 09/03/2025

OPTION YEAR 3 05/20/2026 – 05/19/2027 05/20/2026 – 09/03/2027

OPTION YEAR 4 05/20/2027 – 05/19/2028 05/26/2027 – 09/08/2027

C.5 GOVERNEMENT FURNISHED PROPERTY

•One (1) Cle Elum Ranger District Firemans Map •One (1) Forest Service yale key. Key shall be signed for and returned at the end of each completed year of the contract

2023 CERD Portable Toilets

C.6 TECHNICAL SPECIFICATIONS

Specifications. Toilets requested may be either serviceable for handicap accessible (ADA) or non-handicap (standard). ADA units shall meet the requirements of the Americans with Disabilities Act.

Bio-based Products - All supplies and materials shall be of a type and quantity that conform to applicable Federal specifications and standards, and to the extent feasible and reasonable; include the exclusive use of bio-based products. The Contractor shall utilize the greatest number of bio-based products available that meet applicable health and environment specifications. All cleaning supplies shall be approved by the

COR.

Toilet Pumping. All toilets shall be emptied completely of all liquid and solid sewage. All debris and spillage shall be removed and cleaned up by the Contractor. Spillage shall be considered hazardous waste as prescribed by law and cleanup shall be in accordance with applicable federal, state and local laws.

When concluded with pumping, the area shall be left in its previous state of condition. The Contractor shall be held responsible for any change in site conditions that occurred during the contracted process. All pumped sewage and debris shall be removed from the premises and shall be disposed of in accordance with applicable laws and regulations.

Toilet Cleaning. The unit shall be cleaned inside and out to include the removal of all dirt, cobwebs, and other debris. The unit’s interior surfaces shall be cleaned with a mild detergent and disinfectant. The Contractor shall be responsible for supplying and filling the toilet paper dispensers. Any emptied rolls shall be changed out for a new roll. The unit shall have sufficient deodorizing chemicals placed into the unit’s storage compartment to assist eliminating odors. The Contractor shall be responsible for all repairs to the units as needed.

Cleaning schedule. The cleaning schedule shall be posted outside of toilet and initialed and dated after each service.

Scheduling of Work

Servicing Schedule. The servicing schedule shall be coordinated with the COR. All units shall be delivered according to the contract schedule of items following the issuance of a work order or notice to proceed from the COR. Delivery and performance dates are An estimates and may vary by location due to weather, snow levels or other conditions affecting the site. The quantity listed in this contract is based on historical data.

Flat Rate/On Call Scheduling. If there is an unforeseen need or special event. Units may be delivered if available for a flat weekly rate. Delivery and performance dates could be any time after contract awarded and based on contractor’s availability of units, minimum one-week duration. Areas of delivery would most likely be similar to that described in locations of work below.

Inclement Weather Schedule. The Contractor shall perform all services during periods of inclement weather. In cases of severe weather, the COR may authorize exceptions. When exceptions are granted, the

2023 CERD Portable Toilets

Contractor shall make up all missed collections within 24 hours after the severe weather has terminated, unless the COR authorizes additional time.

C.7 PERFORMANCE REQUIREMENTS SUMMARY

It is intended to ensure that the Government receives the services for which it contracted. The Government will only pay for services received. The Performance Requirements Summary (PRS) determines if the Contractor meets the performance standards of the contract, as well as provides guidelines for how and when surveillance will be performed. It ensures timeliness, effectiveness, and that the contractor is delivering the results specified in the contract. Government contract quality assurance will be performed at such times and/or places as may be necessary to determine the services conform to contract requirements.

A. Performance Objective Performance Standard: The unit's interior and exterior is cleaned, stocked, and deodorized in accordance with PWS

B. Allowed Number of Discrepancies: Not to exceed 1 per year

C. Surveillance Method: Periodic surveillance by the COR in addition to complaints received.

D. Validated Complaints: 0 Validated Complaints Allowed

If any of the services do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount.

When the defect(s) in services cannot be corrected by re-performance, the Government may:

1. Require the Contractor to take necessary action to ensure future performance conforms to contract requirements.

2. Reduce the contract price to reflect the reduced value of the services performed.

3. If the Contractor fails to promptly re-perform the services, or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may:

a. By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service or

b. Issue Cure Notice

c. Terminate the contract for Cause.

2023 CERD Portable Toilets

C.8 OTHER REQUIREMENTS

Safety Standards. The Contractor shall comply with applicable Occupational Safety and Health Act (OSHA) standards. The OSHA standards are subject to change and such changes may affect the Contractor in his performance under the contract. It is the Contractor's responsibility to know such changes and effective dates of changes.

Public Safety. The Contractor shall maintain the public use areas to provide the best possible conditions for safe use by visitors. All areas in which the Contractor performs work shall be cleaned and disinfected in such a manner that no person entering the area will be subject to exposure to any contaminates held within the sewage containment tank. Furthermore, no solid waste products from sewage containment tanks, including but not limited to, cans, bottles and recreational type trash, shall be disposed of in refuse cans within the area. The fore mentioned trash shall be placed in plastic bags by the contractor and disposed of by the contractor at an offsite location. All sewage, liquid and solid, removed from sewage storage tanks shall be removed from the National Forest and shall be disposed of as dictated by federal, state and local laws at a facility properly licensed for such disposal.

Accidents. In the event that an accident or injury should occur to either Contractor personnel or the public on Government lands, the Contractor shall first notify the appropriate emergency agency, the appropriate local authorities, and then the COR.

Vehicles/Equipment. The Contractor shall provide and maintain all equipment and vehicles necessary to perform the requirements of this contract. The Contractor may perform only minor repairs of equipment and vehicles on site. Major repairs shall be performed off-site. Contractor’s vehicles shall have the company name prominently displayed on both sides of the vehicle and be maintained clean to present a professional appearance. Contractor vehicles shall be used solely for the intended purpose of performing services in the PWS during normal hours of operation.

All equipment and vehicles used in the performance of this contract shall be in good operable condition and meet the local, state, and federal safety requirements. Equipment and vehicles found to be unsafe and unable to function as designed, shall be removed from the site and replaced at the Contractor’s expense.

The COR may inspect the Contractor’s equipment and vehicles at any time and direct the removal of any unsafe or unusable equipment or vehicle form the installation.

2023 CERD Portable Toilets

Attachments

Description Pages Map (Portable Toilet Locations) 1 Wage Determination 2015-5557 R.21 11

2023 CERD Portable Toilets

(viii) 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (NOV 2021) (Provision)

Addenda to provision 52.212-1:

For simplified acquisitions, the word quote or quoter is substituted in provision 52.212-1 for the word offer or offeror.

1) Offerors must have an active entity registration in the System for Award Management in order to submit an offer. https://www.sam.gov/SAM/

2) Offers submitted in response to this solicitation shall include a price proposal, and contractor representations and certifications.

a) Price Proposal – Include the following:

1) completed schedule of items from Section (v) of this solicitation

2) Acknowledge any amendments issued for this solicitation by completing and signing the SF-30.

b) Representations and Certifications – Fill in the check boxes for provisions 52.204-24 and 52.212-3 found in paragraph x of this solicitation and include a copy with your offer.

3) Submit offer by email to mindy.hickman@usda.gov so that it is delivered into this inbox by the due date and time.

4) Address questions about this solicitation to Mindy Hickman at mindy.hickman@usda.gov

(ix) 52.212-2 Evaluation – Commercial Products and Commercial Services (NOV 2021) (Provision)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Price

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

2023 CERD Portable Toilets Solicitation No: 1240BD23Q0058 mailto:mindy.hickman@usda.gov mailto:mindy.hickman@usda.gov

(x) Representations and Certifications (complete highlighted items in this section and return with your offer)

VENDOR NAME: ________________________________

VENDOR UEI:___________________________________

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

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.

2023 CERD Portable Toilets

(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

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(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.

52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (MAY 2022) (DEVIATION JUL 2020) (Provision) [If Offeror Representations and Certifications are not complete in SAM the offeror shall submit a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, with your offer. The full provision is available from http://www.acquisition.gov/far/.

If Offeror Representations and Certifications are complete in SAM, the offeror shall complete the following:] (b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs none.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any. Write “None” if there are no changes needed to your online reps and certs.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(xi) 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services

(NOV 2021) (DEVIATION 2017-1)

Addenda to 52.212-4:

(xii) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders– Commercial Products and Commercial Services (MAY 2022) (DEVIATION 2017-1, DEVIATION APR 2020, and DEVIATION JUL 2020)

(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:

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(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 and Other Covered Entities (Nov 2021) (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) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and

108-78 (19 U.S.C. 3805note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.] ☐ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

☐ (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 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

☐ (4) 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Jun 2020) (DEVIATION 2017-1) ☒ (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).

☒ (9) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101note).

☐ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

☐ (11) [Reserved].

☐ (12) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) (15 U.S.C.657a).

☐ (13) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) 15 U.S.C. 657a).

☐ (14) [Reserved] ☐ (15) (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.

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

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

☐ (17) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

☐ (18) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) (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 2021) of 52.219-9.

☐ (19) (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

☐ (20) 52.219-14, Limitations on Subcontracting (Sep 2021) (15 U.S.C.637s) [Contracting Officer check as appropriate.]

☐ By the end of the base term of the contract and then by the end of each subsequent option period; or ☐ By the end of the performance period for each order issued under the contract.

☐ (21) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

☐ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) (15 U.S.C. 657f).

☐ (23) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) (15 U.S.C.

632(a)(2)).

☐ (ii) Alternate I (MAR 2020) of 52.219-28.

☐ (24) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Sep 2021) (15 U.S.C. 637(m)).

☐ (25) 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 (Sep 2021) (15 U.S.C. 637(m)).

☐ (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

☐ (27) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).

☒ (28) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

☒ (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022) (DEVIATION

JUL 2020) (E.O.13126).

☒ (30) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

☒ (31) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

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

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

☒ (33) (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.

☐ (34) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

☐ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

☒ (36) (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. chapter78 and E.O. 13627).

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☐ (37) 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.)

☐ (38) (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.)

☐ (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

☐ (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

☐ (41) (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.

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

☐ (ii) Alternate I (Jun 2014) of 52.223-14.

☐ (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

☐ (44) (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.

☒ (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

☐ (46) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

☐ (47) 52.223-21, Foams (Jun 2016) (E.O. 13693).

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

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

☒ (49) 52.225-1, Buy American-Supplies (Nov 2021) (41 U.S.C. chapter 83).

☐ (50) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021) (DEVIATION JUL 2020) (41 U.S.C. chapter 83, 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), Pub. L. 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 (May 2014) of 52.225-3.

☐ (iii) (ii) Alternate II (Jan 2021) (DEVIATION JUL 2020) of 52.225-3.

☐ (iv) (iii) Alternate III (Jan 2021) (DEVIATION JUL 2020) of 52.225-3.

☐ (51) 52.225-5, Trade Agreements (Oct 2019) (DEVIATION JUL 2020) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

☒ (52) 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).

☐ (53) 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. 2302 Note).

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☐ (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

☐ (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

☐ (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 (Nov 2021) (41 U.S.C.4505, 10 U.S.C.2307(f)).

☐ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C.4505, 10 U.S.C.2307(f)).

☒ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (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) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Nov 2021)

(DEVIATION APR 2020) (31 U.S.C.3332).

☐ (63) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

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

☐ (65) (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. chapter 67).

☒ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.

This Statement is for Information Only: It is not a Wage Determination

Employee Class Monetary Wage/Fringe Benefits

WG-3 $15.30/hour

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☒ (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) (29 U.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).

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(ii) 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)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub.

L. 115-91).

(iv) 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).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities.