12444321Q0023.pdf

Solicitation Number: 1244421Q0023

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, FAR Subpart 13 and as supplemented with additional information included in this notice. This announcement constitutes the only solicitation;

offers are being requested and a written solicitation will not be issued.

(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 2021-04.

(iv) This procurement is set aside for small businesses. The NAICS code is 115310 and the Small Business Size Standard is $8M.

(v) Schedule of Items/Price Schedule

FY 2021 SITE PREPARATION ON THE MARIENVILLE RANGER DISTRICT

OF THE ALLEGHENY NATIONAL FOREST

SCHEDULE OF ITEMS

Items 1-3

Item #

Area Quantity Unit

Unit Price

Total Amount

1.1 806030 18 Acres X $ = $

1.2 807016 16 Acres X $ = $

1.3 814024 18 Acres X $ = $

1 Total

52 Acres $

No 2.1 xxxxxx xx Acres X $ XXXXXXX = $ XXXXXXXXXX

2.2 844009 34 Acres X $ = $

2.3 844067 36 Acres X $ = $

2.4 844074 35 Acres X $ = $

2.5 844018 24 Acres X $ = $

2.6 842010 23 Acres X $ = $

2.7 842007 34 Acres X $ = $

2.8 842008 40 Acres X $ = $

2.9 842067 19 Acres X $ = $

2.10 842035 8 Acres X $ = $

2.11 849017 32 Acres X $ = $

2.12 848074 21 Acres X $ = $

2.13 848050 14 Acres X $ = $

2.14 848047 11 Acres X $ = $

2.15 698043 15 Acres X $ = $

2.16 698027 14 Acres X $ = $

2 Total 360 Acres $

3.1 636053 40 Acres X $ = $

3.2 636017 40 Acres X $ = $

3.3 636068 33 Acres X $ = $

3.4 636027 22 Acres X $ = $

3.5 650090 29 Acres X $ = $

3.6 641033 17 Acres X $ = $

3.7 641093 13 Acres X $ = $

3.8 639008 31 Acres X $ = $

3.9 641135 27 Acres X $ = $

3.10 641141 20 Acres X $ = $

3.11 641120 6 Acres X $ = $

3.12 641021 7 Acres X $ = $

3.13 641152 22 Acres X $ = $

3.14 639055 13 Acres X $ = $

3.15 639030 14 Acres X $ = $

3.16 639072 15 Acres X $ = $

3 Total 349 Acres $

Total

761 Acres $

Prospective Quoter’s Notes:

Note 1: Contractor must be registered in www.sam.gov in order to submit an offer on this project.

Obtaining a DUNS number and registering in SAM is free. The SAM website is www.sam.gov

Note 2: A site visit is not scheduled for this project, prospective quoters are “strongly encouraged” to view the sites themselves to make their own estimate on the amount of work needed. Additional technical information or assistance with locating the specific project areas may be obtained by contacting the Contracting Officer.

Note 3: This is a Performance Based Service Contract. Note disincentives under Inspection Methods in Section E.

Note 4: All employees working on this contract shall have the ability to identify trees and shrubs common to this area of Pennsylvania.

Note 5: All items must be priced in order to be considered for award.

Contractor Acceptance Statement: By signing the offer, the Contractor agrees to all terms, conditions, and provisions included in the solicitation and agrees to furnish any awarded items at the price set in the schedule.

(Vendor Name) (Date) http://www.sam.gov/

(vi) Description of Requirement (including a list of any attachments)

DIVISION 100 - GENERAL SPECIFICATIONS

100 - Scope of Contract

It is the intent of this solicitation and any resulting contract to have site preparation (felling work), any resulting required slash disposal work, and tree girdling accomplished on the Marienville Ranger District of the Allegheny National Forest.

The contractor shall furnish tools, labor, equipment, and supervision required, unless otherwise provided herein.

All employees working on this contract shall have the ability to identify trees and shrubs common to this area of Pennsylvania.

110 - Location and Description

All boundaries will have either orange painted “/// or //” and/or orange flagging, and at least one corner is marked with an orange tag indicating “2021 site prep”.

Item # Area Acres Directions

1-1 806030 18 The unit is located on FR 150C, approximately 1 mile west of where FR 150 intersects FR 279. FR 150 starts at SR 219 near Meade Run and travels west to FR 122 near Red Bridge.

1-2 807016 16 The unit is located on FR 279H, 2.4 miles west of where FR 279 intersects FR

150. There is a skid trail to the unit, at the “P” symbol on the unit map.

1-3 814024 18 Traveling east on Dwight Road (north of Kane on SR 321) FR 463 is on the left. Follow it back ~0.5 miles and take FR 448 on the left. The C road will be on your right.

2-1 xxxxxx xx Removed from the contract.

2-2 844009 34 The unit is located at the end of FR 198. From JoJo Rd, travel west on FR 133 approximately 2 miles. Take FR 195 on the left. FR 198 is 2.5 miles south of the intersection of FR 133 and FR 195.

2-3 844067 36 The unit is located 0.3 miles shy of the end of FR 198. It is on the north side of the road.

2-4 844074 35 Travel on FR 195. Unit 2-4 will be on the hillside to the south of the road as you approach the end of FR 195.

2-5 844018 24 2-5 is on the north side of FR 195 just before you arrive at 2-4.

2-6 842010 23 The unit is located ~ 0.8 miles west of James City on the south side of Township Road 457. If you see FR 465, you have gone too far.

2-7 842007 34 This unit is located at the intersection of FR 465 and Township Road 457.

2-8 842008 40 This unit is located ~ 0.3 miles down FR 465 from Township Road 457.

2-9 842067 19 2-9 is located past the end of FR 465 on non-system roads. It has a shared boundary with 2-8.

2-10 842035 8 This unit is ~ 0.1 miles south of unit 2-9 on a non-system road.

2-11 849017 32 This unit is located ~ 0.5 miles up FR 118. FR 118 intersects SR 66 approximately 3.5 miles north of Russell City.

2-12 848074 21 This unit is located on FR 327-2, ~ 1.8 miles from where it intersects FR 152.

It is on the north side of the road. It can be accessed via a non-system road.

FR 152 is in Russell City, on the north side of SR 66.

2-13 848050 14 Unit 2-13 is approximately 1-mile down FR 327-2 and is on both sides of the road.

2-14 848047 11 This unit is on the south side of FR 327-2, just before unit 2-13.

2-15 698043 15 This unit is located on the south side of FR 403A. FR 403 is on the right when travelling east on FR 124.

2-16 698027 14 This unit is on the north side of FR 403A and shares a boundary with 2-15.

3-1 636053 40 The unit is located at the end of FR 525A. It is roughly 0.5 miles from where FR 525 intersects with FR 180.

3-2 636017 40 This unit is located near the end of FR 526. Park at the well on the north side of the road and follow the skid trail north to the unit.

3-3 636068 33 3-3 is located on the east of FR 180 on a non-system road. It shares a boundary with unit 3-4.

3-4 636027 22 This unit is located at the intersection of FR 180A and FR 180. It is on the south side of FR 180.

3-5 650090 29 Unit 3-5 is located near the intersection of FR 128D and Township Road 358.

It is on the north side of FR 128D on a non-system road.

3-6 641033 17 This unit is located on the south side of FR 287B which is on the east side of Township Road 356.

3-7 641093 13 This unit is directly east of 3-6.

3-8 639008 31 This unit is located along the western side of Township Road 356 just north of FR 287D.

3-9 641135 27 3-9 is located just south of FR 287A and is accessible via a skid trail.

3-10 641141 20 This unit is located on FR 287A adjacent to unit 3-9.

3-11 641120 6 This unit is located north of FR 128C and west of Township Road 358. It is accessible via a skid trail located at the end of FR 128C.

3-12 641021 7 Park at the log landing near the end of FR 128C. This unit is located along the southern edge of a pipeline that extends out from FR 128C.

3-13 641152 22 This unit is also located along the pipeline, adjacent to unit 3-12.

3-14 639055 13 This unit is located all the way near the end of FR 165. 3 miles from the intersection of FR 165 and Township Road 356 is a non-system road to the south. This road will bisect the unit.

3-15 639030 14 This unit is located just north of 3-16. It can be accessed via a non-system road if conditions are dry, or by walking across the pipeline from 3-16.

3-16 639072 15 This unit is located on the northern side of Fr 216 about 2 miles from Township Road 356.

120 - Access

Forest Service System Roads are marked with a sign post or some other sign marking next to the road. If the road is not marked with a sign posting, it is probably an oil and gas road and not in the best condition for driving on. Some areas may be behind a gated road and the Contractor will coordinate with the COR for gaining access behind locked gates. The use of any vehicles will be subject to conditions of the Motor Vehicle Use Map (MVUM) July 29, 2011. The MVUM shows which roads, trails and areas of the National Forest that are designated for motor vehicle use pursuant to 36 CFR 212.51. Use outside of the MVUM designations is not permitted unless written permission is granted by the COR.

130 – General Work Description

Competing vegetation of birch and beech up to 8.0 inches in diameter at breast height will be cut in this contract as noted in the table below. All diameter sizes of striped maple, pin cherry and buckthorn shrub and will be cut in this contract. All birch, beech, striped maple, and pin cherry greater than 12” tall and up to the diameter limit will be cut (also hemlock, serviceberry, musclewood, ironwood and sugar maple where noted below). All sizes of buckthorn shrub encountered will be cut. In Area 3-4, approximately 30 trees with fence hardware attached will be girdled (see division 255 below).

Contractor shall check the table below for specific species and diameters to cut.

Item Area Comp- Stand

Acres Diameter

Limit Cut Species

1 1 806030 18 8 BE, BI, StM, PC 1 2 807016 16 8 BE, BI, StM, PC 1 3 814024 18 6 BE, StM, PC, SM, BI Restrict

Item Area Comp - Stand

Acres Diameter

Limit Cut Species

2 1 NOT IN CONTRACT

2 2 844009 34 8 BE, BI, StM, PC 2 3 844067 36 8 BE, BI, StM, PC 2 4 844074 35 8 BE, BI, StM, PC, SB, MW, IW 2 5 844018 24 8 BE, BI, StM, PC, SB, MW 2 6 842010 23 8 BE, BI, StM, PC 2 7 842007 34 8 BE, BI, StM, PC 2 8 842008 40 8 BE, BI, StM, PC 2 9 842067 19 8 BE, BI, StM, PC 2 10 842035 8 8 BE, BI, StM, PC 2 11 849017 32 8 BE, BI, StM, PC 2 12 848074 21 8 BE, BI, StM, PC, MW, IW 2 13 848050 14 8 BE, BI, StM, PC, HEM 2 14 848047 11 8 BE, BI, StM, PC 2 15 698043 15 6 BE, BI, StM, PC 2 16 698027 14 6 BE, BI, StM, PC, SB

140 – Government Furnished Property

The US Forest Service will provide several items to the contractor for the duration of the contract. These items will be distributed at the pre-work meeting.

Government Furnished property will include the following items:

141 – Printed maps of all work areas displaying the location of stand boundaries, reserve areas, streams, and nearby roads. Shape files for use with GPS technology will also be provided at the prework.

142 – Contractor Identification Cards for display in vehicles while on work site.

These cards identify a vehicle located on USFS lands as belonging to a contractor working on a government contract. While carrying out work onsite, the contractor must display these cards on their vehicle in a clearly visible location, such as in a window.

143 – USFS Gate Key(s). These must be returned to the Marienville Ranger

District prior to approval of the final contract invoice.

DIVISION 200 - TECHNICAL SPECIFICATIONS

210 – Species Requiring Treatment

The following species specified shall be cut and are considered competing vegetation - undesirable species:

Item Area Comp - Stand

Acres Diameter

Limit Cut Species

3 1 636053 40 8 BE, BI, StM, PC 3 2 636017 40 8 BE, BI, StM, PC 3 3 636068 33 8 BE, BI, StM, PC 3 4 636027 22 8 BE, BI, StM, PC, Girdle Fence Trees 3 5 650090 29 8 BE, BI, StM, PC 3 6 641033 17 8 BE, BI, StM, PC 3 7 641093 13 8 BE, BI, StM, PC 3 8 639008 31 8 BE, BI, StM, PC 3 9 641135 27 8 BE, BI, StM, PC, SM 3 10 641141 20 8 BE, BI, StM, PC, HEM 3 11 641120 6 8 BE, BI, StM, PC, HEM 3 12 641021 7 8 BE, BI, StM, PC 3 13 641152 22 8 BE, BI, StM, PC 3 14 639055 13 8 BE, BI, StM, PC 3 15 639030 14 8 BE, BI, StM, PC 3 16 639072 15 8 BE, BI, StM, PC

211 - Striped Maple - All live striped maple which is taller than one foot in height shall be felled and completely severed from the stump, in All Work Areas.

212 - Pin (Fire) Cherry - All live pin cherry which is taller than one foot in height shall be felled and completely severed from the stump, in All Work Areas.

213 – Buckthorn Shrub - All live buckthorn shrub shall be felled and completely severed from the stump including that occurring in reserve areas. All Work Areas.

214 - Beech - All live beech taller than one foot in height and less than 6.0” or

8.0”inches in diameter as noted in the above table at a point 4.5 feet (DBH) above the ground shall be felled and completely severed from the stump, in All Work Areas.

215 - Birch - All live birch taller than one foot in height and less than 6.0” or

8.0”inches in diameter as noted in the above table at a point 4.5 feet (DBH) above the ground shall be felled and completely severed from the stump, in All Work Areas except area 1-3. In areas 1-3, birch will only be cut if it overtops red maple, cucumber, tulip poplar, black cherry or oak. Cut the birch 1 foot from the dip line with the above-mentioned species.

216 – Hemlock – Areas 2-13, 3-10 and 3-11 only – All live hemlock poles to 8.0” at a point 4.5 feet (breast height) above the ground with or without marking paint on the bole shall be felled and completely severed from the stump.

217 – Sugar Maple – Area 3-9 only. All live sugar maple poles to 8.0” at a point

4.5 feet (breast height) above the ground with or without marking paint on the bole shall be felled and completely severed from the stump.

218 - Serviceberry – Areas 2-4, 2-5, and 2-16 only All live serviceberry taller than one foot in height and less than 6.0” or 8.0” in diameter as noted in the table above at a point 4.5 feet (DBH) above the ground shall be felled and completely severed from the stump.

219 - Muscle wood - Areas 2-4, 2-5, and 2-12 only All live muscle wood taller than one foot in height and less than 6.0” or 8.0” in diameter as noted in the table above at a point 4.5 feet (DBH) above the ground shall be felled and completely severed from the stump.

220 - Ironwood - Areas 2-4 and 2-12 only All live ironwood taller than one foot in height and less than 6.0” or 8.0” in diameter as noted in the table above at a point 4.5 feet (DBH) above the ground shall be felled and completely severed from the stump.

230 – Stump Height

Maximum cutting height is six inches, unless otherwise stated to the Contractor in writing by the Contracting Officer's Representative (COR) due to unusual circumstances.

• Sprouts (multiple stems) will be cut as close to the ground as possible.

• Woody vegetation will be cut in a manner which results in a flat (parallel with the ground) surface.

• Angular stump cuts will not be allowed.

240 – Boundary Trees

Boundary trees are not to be felled. Area boundary trees are marked, either with orange or white paint, with either 2 or 3 stripes on the trees. Some of the unit boundaries may have been enhanced with orange glo flagging. It is recommended that the contractor have the ability to use GPS shape files of the treatment units.

This will aid the contractor in verifying unit boundaries at the work sites each day.

GPS shape files of the treatment units will be made available from the Government at the pre-work meeting. Commercial products, such as handheld GPS devices, are available for using GPS shape files or .pdf type map files.

250 - Special Requirements

251 - Reserve areas will not be site prepped with the exception of buckthorn shrub.

Buckthorn shrub will be cut in reserve areas. They are marked generally by a white or green painted “///”.

252 – Lodged (hung up) trees shall be pulled or cut down so they are horizontal to the ground.

253 - Trees shall not be felled onto any objects such as pipelines, oil, gas and mineral development, wells, power lines, tree shelters, fences, dog trial lanes, and roads. The contractor shall be responsible for any damage caused to such objects.

254 - Only live trees will be cut; all snags encountered will be retained unless they are a hazard to contractor safety.

255 - Area 3-4 ONLY. Trees greater than 8.0” DBH with old fencing hardware embedded will be girlded. Fencing hardware includes nails, plastic fence brackets, wire and lumber. This will be completed by placing two (2) horizontal cuts around the entire stem, cutting a minimum 1-inch depth past the bark layer. Girdle trees may be marked with additional flagging.

260 – Species Not Specified to be Cut (Desirables)

Care shall be taken to not damage or cut desirable species. A maximum of 10% of the desirables may be cut when intertwined and amongst undesirables specified to be cut.

270 - Slash Disposal

Slash created by the Contractor's operations shall be removed 15 feet away from following locations:

Clear R-O-W & ditch line private land fence maintenance trails historic railroad grades well openings fences old main skid trails oil/gas lease roads stream courses pipelines and power lines maintenance trails seeps wildlife openings recreational trails active stone pits

• All preferred trees will be released from all slash so they are standing straight up on their own.

• The tops of all trees will not be left hanging and be lopped down to within

5 feet of the ground.

• The Contractor is responsible for any damage to fences, oil/gas developments, pipelines, power lines, and other improvements caused by his operations.

280 – Progression of Work

If a contractor is awarded more than one item, only one item shall be worked on at a time unless prior arrangements have been made with the COR. Work shall be completed before leaving each work area and going to the next area. The COR may direct the Contractor to a specific work area if there is a conflict with other activities in the area (ex. active logging).

290 – Responsibility for Safety

It is the contractor’s responsibility to ensure that the work environment is safe for themselves as well as their employees. If the contractor feels that a requirement of this contract would place them or their employees in an unsafe environment, then work should stop on that area of work and the contractor shall contact the COR.

Work on other areas of the contract that the contractor does not view as unsafe shall continue.

The Contractor is required to follow all applicable OSHA standards while working on the job site. In addition, it is required that the successful contractor utilize appropriate personal protective safety equipment/clothing, which includes, but is not limited to, a hardhat, leg protection (chainsaw chaps), ear protection, eye protection, and hand protection, while working in the project area with power equipment.

300 - Notification

The contractor shall notify the Contracting Officer’s Representative (COR) prior to starting work on any items. The contractor shall also notify the COR at least weekly of the progress being attained on this project and which areas are being worked on.

If work is going to be suspended for more than a few days, the contractor shall notify the COR when they plan to return to the contract work. The contractor shall notify the COR when they have completed an area and it is ready for inspection.

This notification can be either oral or written or e-mailed.

PERFORMANCE-BASED SERVICE CONTRACT (PBSC) REQUIREMENTS

Performance Work Statement – Contractor

The Contractor shall perform site preparation-release work in accordance with the specifications contained in this contract.

Inspection Methods

The Government may inspect any work the contractor performs, and the Contractor shall be required to rework any areas that are not in conformance to the requirements of this contract.

Performance Based Program

Performance based program apply to the Government’s inspections for contract compliance. All work shall meet the acceptance standards as listed below.

For the purposes of applying disincentives the Government will conduct compliance inspections on a minimum of 10% of the acres the Contractor has reported as completed to specifications.

Plots to check compliance will be randomly placed in the areas to be inspected by the Government inspector. For purpose of applying performance results, inspections will be deemed to accurately reflect the total work.

DISINCENTIVES

Disincentive

If a Contractor has to be sent back to an area that the Government has failed on the 1st inspection and the Contractor failed again to fix work that was not done to the contract specifications, there will be a 5% deduction from the payment for that Area. With each following return to the Area to fix the work an additional 3% deduction from the final payment for that Area will be made.

If the Contractor does not meet the time conditions outlined in Section F, there will be a 10% deduction from the payment of the unfinished acres. An additional 5% deduction will occur for each additional week that the required work is not completed.

If an Area has between 10% and 20% of preferred species cut down, there will be a 10% deduction from that areas total cost. If an Area has between 20% and 50% of preferred species cut down, there will be a 25% deduction from that Areas total cost. If an Area has greater than 60% of preferred species cut down, there will be a 75% deduction from that Areas total cost.

The use of disincentives does not waive any other rights of the Government in dealing with inadequate performance.

DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The contracting Officer will designate a Contracting Officer's Representative (COR) at the time of award.

The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

On all matters that pertain to the contract terms the contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the contracting officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal for a contract claim.

LIST OF ATTACHMENTS

Listed below are all of the documents attached to, and forming a part of, this contract:

Exhibit Title

Exhibit A - Vicinity Maps (4 pages) (separate documents)

Exhibit B - Project Maps (22 pages) (separate documents)

Exhibit C - Site Preparation Inspection Form

Exhibit D - Information Sheet

Exhibit E - Service Contract Act Wage Determination

Exhibit F - Government Provided Technical Forms

Note: Maps are not reproduced to scale and are included for purpose of locating project area only.

(vii) Date(s) and Place(s) of Delivery and Acceptance/Location

Location of Work: Marienville Ranger District of the Allegheny National Forest

TIME OF PERFORMANCE

It is estimated that the work on this project will start at the earliest July 1, 2021. The contractor shall be required to the following:

a) Contractor will request a pre-work date within 7 days of the start of the contract,

b) Contractor will have to complete 40% of the contract acres by September 10, 2021 and

c) the Contractor shall be required to prosecute the work diligently and complete the entire contract no later than October 29, 2021.

(viii) 52.212-1 Instructions to Offerors – Commercial Items (JUN 2020) (Provision)

Addenda to provision 52.212-1:

Addenda to paragraph (b) Submission of Offers:

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

2) Offers submitted in response to this solicitation shall include past performance and experience information, technical information for personnel and equipment (a form has been provided and attached for optional use), a priced quote, and contractor representations and certifications. All line items must be priced and included in order to be considered for award.

a) Past Performance & Experience – provide a list of similar projects completed by your firm over the past three years. Include a brief description of the project, dollar amount, year completed, and project owner contact information (name, phone, and email). If subcontractors will be utilized if awarded a contract resulting from this solicitation, this information is required for subcontractors as well.

b) Technical: provide a list of personnel and equipment to be utilized for performance under a resulting contract if award is made to your company. If subcontractors will be utilized if awarded a contract resulting from this solicitation, this information is required for subcontractors as well.

c) Priced Quote – Include the following: 1) completed price schedule from section v of this solicitation, 2) Acknowledge any amendments issued on beta.sam.gov for this solicitation by annotating on your quote.

d) Representations and Certifications – Fill in the check boxes for provisions 52.204-24, 52.209-7, and 52.212-3 found in this solicitation. Include your DUNS number.

e) Employment of Eligible Workers - Workforce Certification (Provision)- Fill in and/or check boxes and sign and date. If subcontractors will be utilized if awarded a contract resulting from this solicitation, this information is required for subcontractors as well.

2) Submit offers by email to ashley.a.witmer@usda.gov so that they are delivered into this inbox by the due date and time. Be aware that large attachments may increase the time required to deliver an email. It is the offerors responsibility to confirm receipt of the offer.

3) Address questions about this solicitation to Ashley Witmer at ashley.a.witmer@usda.gov.

https://www.sam.gov/SAM/ mailto:ashley.a.witmer@usda.gov

(ix) 52.212-2 Evaluation – Commercial Items (OCT 2014) (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 Past Performance and Experience Technical: Personnel and Equipment

(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.

(x) 52.212-3 Offeror Representations and Certifications – Commercial Items (JAN 2021) (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 Items, 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 http://www.acquisition.gov/far/ http://www.sam.gov/ electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code 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 ______________.

[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 Items (OCT 2018)

Addenda to 52.212-4:

Replace paragraph (r) of clause 52.212-4 with the following as specified in

DEVIATION 2017-1 (AUG 2017):

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C chapter 21 relating to procurement integrity.

(xii) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (JAN 2021) (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 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).

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550 https://www.acquisition.gov/content/part-4-administrative-and-information-matters#i1121876

(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. 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 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.)

_X_ (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).

_X_ (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. 6101note).

__ (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).

[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.

__ (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] _X_ (14) (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)).

[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.

__ (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).

[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.

_X_ (22) (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)).

[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.

__ (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 (Mar 2020) (15 U.S.C. 637(m)).

[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.

__ (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) (15 U.S.C. 637(a)(17)).

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

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020)

(DEVIATION JUL 2020) (E.O.13126).

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

_X_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

_X_ (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.

_X_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793).

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

_X_ (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).

_X_ (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. chapter78 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 (Jun 2014) 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.

_X_ (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 (Jun 2016) (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.

__ (48) 52.225-1, Buy American-Supplies (Jan 2021) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 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 (May 2014) (DEVIATION JUL 2020) of 52.225-3.

__ (iv) (iii) Alternate III (May 2014) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (Oct 2019) (DEVIATION JUL 2020) (19 U.S.C.

2501, et seq., 19 U.S.C. 3301 note).

_X_ (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. 2302 Note).

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

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

__ (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)).

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (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.] _X_ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

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

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

11210 Laborer, Grounds Maintenance $9.93 + 15-20% Fringes

__ (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).

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

_X_ (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.

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(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 (May 2014) (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.

(xiii) Additional Requirements/Terms and Conditions

52.204-7 System for Award Management (OCT 2018) (Provision)

52.204-13 System for Award Management Maintenance (OCT 2018)

52.204-16 Commercial and Government Entity Code Reporting (JUL 2016) (Provision)

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

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…