12443921Q4001 Request for Quotation Warm Springs.doc

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Janitorial Services for the Warm Springs Ranger District-George Washington & Jefferson National Forest
Solicitation number
12443921Q4001
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COMMERCIAL ITEMS

12443921Q4001

JANITORIAL SERVICE

WARM SPRINGS RANGER DISTRICT

COMMERCIAL ITEMS

12443921Q4001

JANITORIAL SERVICE

WARM SPRINGS RANGER DISTRICT

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
1. REQUISITION NUMBER
PAGE 1 OF 61
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
1021690
2. CONTRACT NO.
3. AWARD/EFFECTIVE
4. ORDER NUMBER
5. SOLICITATION NUMBER
6. SOLICITATION ISSUE
DATE
12443921Q4001
DATE 02/12/2021
a. NAME
b. TELEPHONE NUMBER(No collect
8. OFFER DUE DATE/
7. FOR SOLICITATION
Melody Flores
calls)
LOCAL TIME 3/05/2021

INFORMATION CALL:

270-286-1023
4:30 PM EST
9. ISSUED BY CODE
10. THIS ACQUISITON IS

FORMCHECKBOX

UNRESTRICTED OR FORMCHECKBOX

SET ASIDE: 100 % FOR

USDA-FS CSA East 1

1720 Peachtree Street NW, Suite 876S Atlanta GA 30309-2449

FORMCHECKBOX

SMALL BUSINESS FORMCHECKBOX

Women Owned Small

BUSINESS (WOSB)

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HUBZONE SMALL FORMCHECKBOX

Economically Disadvantaged

Women-Owned Small Business (EDWOSB)

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SERVICE-DISABLED VETERAN- FORMCHECKBOX

8(A) NAICS: 561720

OWNED SMALL BUSINESS

Size Standard:18.0 Million

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

FORMCHECKBOX

SEE SCHEDULE

12. DISCOUNT TERMS
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13a. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700) 13b. RATING

14. METHOD OF SOLICITATION

FORMCHECKBOX

RFQ FORMCHECKBOX

IFB FORMCHECKBOX

RFP

15. DELIVER TO CODE

USDA Forest Service Warm Springs Ranger District

422 Forestry Road

Hot Springs, VA 24445

16. ADMINISTERED BY CODE

USDA-FS CSA East 1

1720 Peachtree Street NW, Suite 876S

Atlanta GA 30309-2449

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

INVOICE PROCESSING PLATFORM

WWW.IPP.GOV

TELEPHONE N0.

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17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

OFFER
IS CHECKED

FORMCHECKBOX

SEE ADDENDUM

19.
20.
21.
22.
23.
24.
ITEM N0.
SCHEDULE OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

Contractor shall furnish all labor, supervision and transportation to perform janitorial services on the Warm Springs Ranger District on the George Washington & Jefferson NFs in accordance with the specifications, attachments, terms and conditions of this solicitation.

SEE SCHEDULE OF ITEMS AND

SUBMIT PRICING ON PAGES 2-7

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

FORMCHECKBOX

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
FORMCHECKBOX
ARE
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ARE NOT ATTACHED

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27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
FORMCHECKBOX
ARE
FORMCHECKBOX

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ______1_________
FORMCHECKBOX

29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
DATED .. YOUR OFFER ON SOLICITATION
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

30a. SIGNATURE OF OFFEROR/CONTRACTOR
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (Type or print)
30c. DATE SIGNED
31b. NAME OF CONTRACTING OFFICER (Type or print)

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (REV.3/2011)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA ‑ FAR (48 CFR) 53.212

PART 1 – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

ITEM NO.

SUPPLIES/SERVICES

QTY.

UNIT

PRICE

TOTAL

BASE BID 04/01/21-12/31/21

I. WARM SPRINGS RANGER DISTRICT OFFICE IN HOT SPRINGS VA

A.

Perform janitorial services at the

MO

Ranger District Office located at 422 Forestry Road, Hot Springs VA for the period 04/01/21 – 12/31/21.

(Est. 3,475 square feet)

B.

Perform janitorial services at the 9 MO $______ $________

Ranger District (Annex) Office

Located at 422 Forestry Road, Hot

Springs, VA for the period 04/01/21 – 12/31/21.

(Est. 765 square feet).

C.

Perform janitorial services in the

MO

Fitness Room and small bathroom located in a building adjacent to the

District Office building for the period 04/01/21 – 12/31/21.

(Est. 225 square feet)

D.

Clean interior and exterior of

EA

windows two times per year.

Once in April and once in October.

E.

Clean restroom walls, including

EA

the stall partitions two times per year.

ITEM NO.

SUPPLIES/SERVICES

QTY.

UNIT

PRICE

TOTAL

OPTION YEAR 1: 01/01/22-12/31/22

II. WARM SPRINGS RANGER DISTRICT OFFICE IN HOT SPRINGS VA

A.

Perform janitorial services at the

MO

Ranger District Office located at 422 Forestry Road, Hot Springs VA for the period 01/01/22 – 12/31/22.

B.

Perform janitorial services at the 12 MO $______ $________

Ranger District (Annex) office

Located at 422 Forestry Road, Hot Springs, VA for the period

01/01/22-12/31/22.

(Est. 765 sq. feet)

C.

Perform janitorial services in the

MO

Fitness Room and small bathroom period 01/01/22 – 12/31/22 (Est 225 square feet)

D.

Clean interior and exterior of

EA

Clean restroom walls, including

EA

SUPPLIES/SERVICES

QTY.

UNIT

PRICE

TOTAL

OPTION YEAR 2: 01/01/23-12/31/23

II. WARM SPRINGS RANGER DISTRICT OFFICE IN HOT SPRINGS VA

A.

Perform janitorial services at the

MO

Ranger District Office located at 422 Forestry Road, Hot Springs VA for the period 01/01/23 – 12/31/23.

B.

Perform janitorial services at the 12 MO $______ $_______ Ranger District (Annex) office

Located at 422 Forestry Road, Hot Springs, VA for the period

01/01/23 – 12/31/23. (Est.

765 sq. ft.)

C.

Perform janitorial services in the

MO

Fitness Room and small bathroom period 01/01/23 – 12/31/23 (Est. 225 square feet) D.

Clean interior and exterior of

EA

Clean restroom walls, including

EA

SUPPLIES/SERVICES

QTY.

UNIT

PRICE

TOTAL

OPTION YEAR 3: 01/01/24-12/31/24

II. WARM SPRINGS RANGER DISTRICT OFFICE IN HOT SPRINGS VA

A.

Perform janitorial services at the

MO

Ranger District Office located at 422 Forestry Road, Hot Springs VA

B.

Perform janitorial services at the 12 MO $______ $________

Ranger District (Annex) office

Located at 422 Forestry Road, Hot Springs, VA for the period

01/01/22-12/31/22.

(Est. 765 sq. feet)

C.

Perform janitorial services in the

MO

Fitness Room and small bathroom

(Est. 225 square feet)

D.

Clean interior and exterior of

EA

Clean restroom walls, including

EA

SUPPLIES/SERVICES

QTY.

UNIT

PRICE

TOTAL

OPTION YEAR 4: 01/01/25-12/31/25

II. WARM SPRINGS RANGER DISTRICT OFFICE IN HOT SPRINGS VA

A.

Perform janitorial services at the

MO

Ranger District Office located at 422 Forestry Road, Hot Springs VA

B.

Perform janitorial services at the 12 MO $______ $________

Ranger District (Annex) office

Located at 422 Forestry Road, Hot Springs, VA for the period

01/01/22-12/31/22.

(Est. 765 sq. feet)

C.

Perform janitorial services in the

MO

Fitness Room and small bathroom

(Est. 225 square feet)

D.

Clean interior and exterior of

EA

Clean restroom walls, including

EA

ALL RESPONSIBLE SOURCES MAY SUBMIT A QUOTATION WHICH, IF TIMELY RECEIVED, SHALL BE CONSIDERED BY THE AGENCY.

AWARD WILL BE MADE FOR THE INITIAL CONTRACT PERIOD. IF THE GOVERNMENT EXERCISES ITS OPTION TO RENEW, AWARD WILL BE MADE ON OPTION YEARS IN ACCORDANCE WITH FAR PROVISION 52.217-5, EVALUATION OF OPTIONS AND CLAUSE 52.217-9, OPTION TO EXTEND THE TERMS OF THE CONTRACT.

Note:

The Government will be responsible for providing all the cleaning supplies and equipment for work performed at both locations. Contractor to furnish management and labor.

SITE SHOWING: No formal site showing is scheduled for this project. You may contact Kathy Spurgeon or Dawn Coulson at the Warm Springs District Office at 540-839-2521 for technical questions regarding the building(s) and services to be performed. If you are unable to reach them via phone you may email them at kathy.spurgeon@usda.gov or dawn.coulson@usda.gov.

You may also contact Melody Flores at 270-286-1023 or Sharon Martin at 859-745-3131 with any questions regarding this solicitation and project. Melody and Sharon may be reached via email at melody.flores@usda.gov or sharon.martin@usda.gov.

Estimated Start Date & Contract Time

April 1, 2021 Continuation of SF1449

Block 27: The full text of a clause or provision may be accessed electronically at www.acquisition.gov/far/

ADDITIONAL INFORMATION AND INSTRUCTIONS

IMPORTANT NOTICE TO OFFERORS

SAM (System for Award Management): In order to be eligible for an award, potential contractors must comply with all requirements of FAR Clause 52.204-7 System for Award Management Registration.

All offerors must submit the following information:

DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER: ___________________________

FEDERAL TAX IDENTIFICATION NUMBER: ___________________________________________

ARE YOU REGISTERED IN SAM? [ ] YES [ ] NO

HAVE YOU COMPLETED REPRESENTATIONS AND CERTIFICATIONS IN SAM?

[ ] YES [ ] NO

OFFEROR NAME___________________________________________________________________

ADDRESS: ________________________________________________________________________

EMAIL ADDRESS: _________________________________________________________________

CONTACT/CELL PHONE # __________________________________________________________

INSTRUCTIONS TO OFFERORS

The following shall be returned with your quotation to be determined responsive:

1. Contractor’s Proposal Package which includes the following:

a. SF-1449 (page 1)

b. Schedule (pages 2-7)

c. Additional Information and Instructions (page 8)

d. Representations and Certifications (15 pages; Pages 28-44) (if contractor has completed Representation and Certifications online and does not need to make any changes to their online Reps and Certs for this solicitation, you may complete paragraph b(2) on page 31 and return only those pages).

e. Experience Questionnaire, (page 45).

f. Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (page 25-26) OFFER DUE DATE AND SUBMITTAL INFORMATION: Please email your offer in response to this solicitation to melody.flores@usda.gov no later than 4:30 PM EST on Friday, March 5, 2021. Due to current Covid-19 restrictions only emailed offers submitted with the required information will be accepted.

Please refer to Instructions to Offerors, Page 9, and return the information requested for your offer to be determined responsive. Also, please reference Solicitation No. 12443921Q4001 in the subject line of your email when submitting your offer.

1. Contractor Remittance Address: All payments by the government to the contractor under this contract will be made in accordance with Electronic Funds Transfer (EFT) methods referenced in this solicitation. All required information must be in the System for Award Management (SAM) at https://www.acquisition.gov. To check on payments once a contract has been awarded, contact the Miscellaneous Payments Section of National Finance Center at 1-800-421-0323.

2. Invoices: Invoices must be submitted thru the Invoice Processing Platform at www.ipp.gov. Invoices shall be submitted monthly after service is performed; no advance payments will be authorized.

3. Payments: In accordance with the Prompt Payment Act, payment will be due 30 days after receipt of supplies/services or receipt of proper invoice; whichever is later. If payment is not received within 5 working days following the due date, notify the Contracting Officer’s Representative or Contracting Officer.

Contractors are encouraged to contact PAYMENT INQUIRY at the National Finance Center (800) 421-0323 concerning status of past due invoices.

5.SITE SHOWING: No formal site showing is scheduled for this project. You may contact Kathy Spurgeon or Dawn Coulson at the Warm Springs District Office at 540-839-2521 for technical questions regarding the building(s) and services to be performed. If you are unable to reach them via phone you may email them at kathy.spurgeon@usda.gov or dawn.coulson@usda.gov.

You may also contact Melody Flores at 270-286-1023 or Sharon Martin at 859-745-3131 with any questions regarding this solicitation and project. Melody and Sharon may be reached via email at melody.flores@usda.gov or sharon.martin@usda.gov.

SPECIFICATIONS

C.1 Scope of Contract

Description of Work: The intent of this contract is to secure janitorial services as described in Part I, Section B, Schedule of Items at the following locations:

WARM SPRINGS RANGER DISTRICT OFFICE (and Fitness Room and restroom in adjacent building)– HOT SPRINGS, VA The Warm Springs Ranger District Office is located at 422 Forestry Road, Hot Springs VA 24445, in Bath County (off of US Highway 220). The square footage of this building is approximately 3,475 square foot.

The Warm Springs Ranger District (Annex) Office located at 422 Forestry Road, Hot Springs, VA 24445, in Bath County (off of US Highway 220). The square footage of this building is approximately 765 square foot.

The Fitness Room & small bathroom in the adjacent building are approximately 225 square foot combined.

Contractor Responsibility: Contractor will furnish its own insurance.

C.2 Estimated Start Date & Contract Time

Start: April 1, 2021 Work will be performed after business hours and will be coordinated with staff at the Ranger District Office.

Time: One Year (Base Period is from April 1, 2021 through December 31, 2021) with four, one-year options.

C.3 Equipment Specifications

All necessary cleaning powders, polish, rags, cleaning liquids, carpet vacuum cleaner, mops, buckets, ladders and other necessary equipment to execute the contract for both of these locations will be furnished by the Government C.4 Services to be Performed

Perform janitorial services at the Warm Springs Ranger District Office and fitness room in Hot Springs VA, in a manner that will maintain satisfactory facility conditions and present a clean, neat and professional appearance.

PERFORM THE FOLLOWING SERVICES ONCE WEEKLY AT ALL LOCATIONS

Basic Cleaning Services

· Maintain Floors. All floors, except carpeted areas, shall be swept, dust mopped, damp mopped, wet mopped as needed, to ensure they have a uniform, glossy appearance and freedom from dirt, debris, dust, scuff marks, heel marks, other stains and discoloration, and other foreign matter. Baseboards, corners, and wall/floor edges shall also be clean. All floor maintenance solutions shall be removed from baseboards, furniture, trash receptacles, etc. Chairs, trash receptacles, and other moveable items shall be moved to maintain floors underneath these items. All moved items shall be returned to their original and proper position.

· Remove Trash. All trash containers shall be emptied and returned to their initial location. Boxes, cans, paper placed near a trash receptacle and marked “TRASH” shall be removed. Plastic trash receptacle liners shall be replaced if soiled with food/liquid. If liner is not soiled, empty can and leave liner in place. The trash shall be deposited in the nearest outside trash collection container. Trash receptacles shall be left clean, free of foreign matter, and free of odors.

· Remove Recyclables. Remove and bag recyclable materials from the designated containers in both offices. At the James River office, place the bagged materials next to the back door for pick up. At the Warm Springs office, transport the materials to the local recycling facility which is located about 1 mile from the office.

· Clean Drinking Fountains. Clean and disinfect all porcelain and polished metal surfaces, including the orifices and drain, as well as exterior surfaces of fountain. Drinking fountains shall be free of streaks, stains, spots, smudges, scale and other obvious soil.

· Vacuum Carpets/Mats. Vacuum carpeted areas, including area and throw rugs. After vacuuming, the carpeted area shall be free of all visible dirt, debris, litter and other foreign matter. Any spots shall be removed by carpet manufacturer’s approved methods as soon as noticed. All tears, burns, and raveling shall be brought to the attention of the government representative.

Vacuum and clean interior and exterior floor mats (if applicable). After vacuuming or cleaning, mats shall be free of all visible lint, litter, soil and other foreign matter. Soil and moisture underneath mats shall be removed, and mats returned to their normal location.

· Clean Carpets. Spot clean carpets where needed. Spots must be removed immediately. Any spots/stains that cannot be removed shall be brought to the attention of the government representative.

· General Spot Cleaning. Perform spot cleaning as needed on a continual basis. Spot cleaning includes, but is not limited to removing or cleaning smudges, fingerprints, marks, streaks, spills, etc. from washable surfaces of all walls, partitions, woodwork, vents, grillwork, doors, door guards, door handles, pushbars, kickplates, light switches, temperature controls, and fixtures. After spot cleaning, the surface shall have a clean, uniform appearance, free of streaks, spots and other evidence of soil.

· General Dusting and Polishing. Clean and dust all surfaces; i.e. window sills, picture frames, baseboards, woodwork, walls, tops of partitions, ledge moldings, and door sashes. Dust and polish furniture including tops of bookcases, file cabinets, etc. DO NOT disturb tops of desks. Employee will be responsible for dusting his or her own desk.

· Clean Kitchen Sinks, Counter, Cupboards, Refrigerator, Toaster Oven and Microwave. Completely clean and disinfect all surfaces (inside and out) using a germicidal detergent. After cleaning, surfaces will be free of deposits, dirt, streaks, and odors. Replace paper items and soap as needed at kitchen sink.

· Chairs. Wipe all chairs and plastic pads under chairs to remove all smudges, fingerprints, marks, streaks, spills etc.

· Closets. Closets where supplies and equipment are stored shall be kept neat and free of clutter Basic Entrance Cleaning Services

· Sweep Front Walk. After sweeping walk, the surface shall be free from litter, dirt, dust and debris.

· Clean Doors and Windows. Clean the interior of doors and windows at entrances and spot clean the exterior surfaces and glass as needed. After cleaning, there shall be no traces of film, dirt, smudges, water, or other foreign matter.

Basic Restroom Cleaning Services

· Clean and Disinfect. Completely clean and disinfect all surfaces of sinks, toilet bowls, shelving, dispensers, plumbing fixtures, doors, walls, and other such surfaces, using a germicidal detergent. After cleaning, receptacles will be free of deposits, dirt, streaks, and odors.

· Sweep and Mop Floor. After sweeping and mopping, the entire floor surface shall be free from litter, dirt, dust and debris. Floors shall have a uniform appearance without streaks, swirl marks, detergent residue, or any evidence of soil, stain, film or standing water. Moveable items shall be tilted or moved to sweep and damp mop underneath. Floors shall be scrubbed as necessary to maintain sanitary conditions and a clean, uniform appearance.

· Clean Mirrors. (if applicable) All mirrors shall be cleaned and free of spots or streaks.

· Stock Restroom Supplies. Contractor shall ensure that all towel, soap and toilet paper dispensers are serviced and full for all restrooms. The Government will provide supplies for restrooms.

· Descale Toilet Bowls and Urinals. Descaling shall be performed as often as needed to keep areas free of scale and other deposits. After descaling, surfaces shall be free from streaks, stains, scale, scum and rust stains.

Basic Fitness Room and Restroom Cleaning Services –

· PERFORM ALL BASIC CLEANING SERVICES, AND BASIC RESTROOM CLEANING SERVICES AS DESCRIBED ABOVE.

· PERFORM THE FOLLOWING ADDITIONAL SERVICES APPLICABLE ONLY TO THE FITNESS ROOM:

· Dust stereo/TV

· Clean Exercise Equipment – Wipe surfaces with a germicidal detergent.

· Dust Exercise Balls

· Mop Exercise Mat

· Dust Scales

· Dust Ceiling Fans – Performance of this task is required on a monthly basis.

Periodic Cleaning Services

· Clean Interior & Exterior Windows. (Twice a Year. Clean once between 4/1 and 4/30 and once between 10/1 and 10/31). Clean glass surfaces on interior and exterior windows. Window screens shall be removed and cleaned. After surfaces have been cleaned, all traces of film, dirt, smudges, water and other foreign matter shall be removed from frames, venetian blinds, casings, sills, and glass.

· Clean Restroom Walls/Partitions. (Twice a Year. Clean once between 4/1 and 4/30 and once between 10/1 and 10/31). After cleaning, surfaces shall be free from film, dirt, mildew, smudges and other foreign matter.

C.5 Quality Assurance Plan and Government Remedies

The government will periodically evaluate the contractor’s performance by appointing a Contracting Officers Representative (COR) to monitor performance to ensure services are received. The government representative will evaluate the contractor’s performance through inspections of the contractor’s work and receipt of complaints. If the Government inspections indicate that work is not performed in accordance with contract specifications, the COR will immediately notify the Contractor in writing and order rework and improvement in the quality of work. Failure to conform to specifications may result in decreased payment or may be grounds for contract termination in accordance with FAR 52.212-4(m).

CONTRACT CLAUSES

FAR 52.204-7 System for Award Management (Oct 2018)

FAR 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)

FAR 52.212-4 Contract Terms and Conditions--Commercial Items (Oct 2018)

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (Jan 2021)

(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 items:

(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 (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (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. 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 items:

[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 (Jun 2020) (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.)

_XX_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

XX (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).

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

__ (10) [Reserved].

__ (11)

(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12)

(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved]

__ (14)

XX (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.

__ (15)

(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.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17)

(i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (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 (Jun 2020) of 52.219-9

__ (18)

(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.

__ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).

__ (22)

XX (i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) (15 U.S.C. 632(a)(2)).

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

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

__ (24) 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 (Mar2020) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).

XX (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).

XX (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__ (30)

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

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

__ (31)

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

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

__ (32)

XX (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.

__ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__ (35)

(i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (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).

__ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (37)

(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.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (40)

(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.

__ (41)

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

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

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

__ (43)

(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.

XX (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47)

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

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

XX (48) 52.225-1, Buy American-Supplies (Jan2021) (41 U.S.C. chapter 83).

__ (49)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 2021)(41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 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 (Jan 2021) of 52.225-3.

__ (iii) Alternate II (Jan 2021) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (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. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

XX (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (63)

(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

__ (iii) Alternate II (Feb 2006) 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 items:

[Contracting Officer check as appropriate.]

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

XX (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).

XX (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

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

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

XX (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (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 items. 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 (Jun 2020) (41 U.S.C. 3509).

(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 (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (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. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xiii)

(A) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O 13627).

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

(xv) 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).

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xix)

(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 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).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

FAR 52.217-8 Option to Extend Services (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

FAR 52.217-9 Option to Extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5years and 6 months.

FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 2014)

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 5332.

This Statement is for Information Only:

It is not a Wage Determination

Employee Class
Monetary Wage—Fringe Benefits
Custodial Worker, WG Grade 2
$13.39 per hour + fringes

FAR 52.232-19 Availability of Funds for the Next Fiscal Year (APR 1984)

Funds are not presently available for performance under this contract beyond December 31, 2021. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond December 31, 2021, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

FAR 52.237-2 Protection of Government Buildings, Equipment and Vegetation (APR 1984)

FAR 52.245-1 Government Property (Jan 2017)

The government will provide the contractor the following items for use at both locations:

All cleaning supplies and equipment including but not limited to:

Trash Can Liners

Vacuum Cleaner

Mops

Buckets Paper Towels

Rags

Ladders

Brooms Toilet Tissue

Window Cleaner

Dusters

Furniture Polish Hand Washing Soap

Liquid Cleaners

Powdered Cleaners

452.211-74 Period of Performance (FEB 1988)

The period of performance of this contract is from April 1, 2021 through December 31, 2021.

CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

1. Experience Questionnaire 1 page

2. Wage Determination No. 2015-4315, Revision No. 14, Dated 12/20/2021 13 pages

3. Map of Warm Springs Ranger District 1 page

4. COVID Guidance

SOLICITATION PROVISIONS

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 this/these address(es):

Federal Acquisition Regulation (FAR) Clauses: https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52)

Department of Agriculture Acquisition Regulation (AGAR) Clauses: https://www.acquisition.gov/agar (AGAR clauses begin with 452) Deviations to provisions may be viewed at: https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm 52.204-7 System for Award Management (OCT 2018)

52.204-16 Commercial and Government Entity Code Reporting (JUL 2016) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (OCT 2020)

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 Items. 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.

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