127EAS24Q0122.pdf

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

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

Solicitation 127EAS24Q0122 is issued as a request for quote (RFQ).

This procurement is being issued as a 100% SMALL BUSINESS SET ASIDE.

North American Industrial Classification Standard (NAICS) 561720, Size standard of

$22 Million.

This solicitation document incorporates provisions and clauses of those in effect through

Federal Acquisition Circular 2024-05 and Agriculture Acquisition Regulation (AGAR) last updated 11 March 2021. The result of this requirement will be a firm fixed priced

(FFP) contract.

ATTACHMENTS:

1. Schedule of Items (SOI)

2. Evaluation Criteria

3. Capability Questionnaire

4. Statement of Work

5. RFQ Provisions and Clauses

CONTRACTOR MUST SUBMIT:

Completed and Signed SOI

Capability Questionnaire

Contractor Representations and Certifications

• Please see evaluation criteria for further information.

All questions pertaining to this solicitation shall be asked no later than, 23 September

2024 at 10:00AM, PDT. Questions shall be sent to Chris Kane via email at christopher.kane2@usda.gov. Email must be titled, “127EAS24Q0122 – RFQ Question”.

Quotes are due to Chris Kane via email at christopher.kane2@usda.gov no later than, 24

September 2024 at 17:00AM, PDT. Quote emails must be titled, “127EAS24Q0122 –

RFQ Submission”.

It is the responsibility of the offeror to view the website for any changes or amendments to this RFQ. Failure to comply with quote submission instruction may result in disqualification from consideration for award.

mailto:christopher.kane2@usda.gov

Schedule of Items/Price Schedule

SCHEDULE OF ITEMS

PROJECT Sequoia National Forest Kern River Janitorial

UNIT Southwest Zone

SOL # 127EAS24Q0122

ITEM

NO.

DESCRIPTION

UNIT of

ISSUE

UNIT

QTY

UNIT

PRICE

TOTAL PRICE

Base Period

Tasks IAW the contract terms and conditions, and

SOW.

Month 12 $_________ $_________________

Base Period

Total:

Option Period - One

Tasks IAW the contract terms and conditions, and

Option

Period -

One Total

Option Period - Two

Tasks IAW the contract terms and conditions, and

Two Total

Option Period - Three

Tasks IAW the contract terms and conditions, and

Three Total

Option Period - Four

Tasks IAW the contract terms and conditions, and

Four Total

Base +4 OY

TOTAL $_________________

NOTES 1. Responses for quantities less than those listed in the numbered items may be rejected

2. Responses without prices for each item and sub-item may be rejected.

Base Period: October 1, 2024 – September 30, 2025

Option Year 01: October 1, 2025 – September 30, 2026

Option Year 02: October 1, 2026 – September 30, 2027

Option Year 03: October 1, 2027 – September 30, 2028

Option Year 04: October 1, 2028 – September 30, 2029

PRICE SUBMITTED BY

Signature

Phone:

Vendor Fax:

Address Email:

Cage

Code POC:

UEI

Evaluation Criteria

The Government intends to award a firm fixed price 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.

Offerors that do not submit all sections of evaluation factors may not be considered for contract award. Responses should be submitted on the most favorable terms that the offeror could make to the Government.

The Government reserves the right to reject any or all offers or to make award without conducting negotiations.

The following factors shall be used to evaluate offers:

Technical, Past Performance, and Price.

The Government will evaluate proposals using a tradeoff process to determine the best value to the Government. This process permits tradeoffs among cost or price and non-cost factors and allows the Government to determine a quote the most advantageous proposal based upon the evaluation factors specified in the solicitation.

The Government will evaluate quotes based on the perceived value of the quoter’s provided technical submissions, past performance, and quoted price.

The Government may use confidence ratings and/or perform a comparative evaluation (comparing offers to each other) to select the contractor that provides the best value, considering the evaluation factors in this solicitation. If confidence ratings are used, they will use the definitions below:

Confidence

Rating

Definition

High Confidence

(Low Risk)

The Government has high confidence the vendor understands the requirement, proposes a sound approach, and will be successful in performing the contract with little or no Government intervention.

Some Confidence

(Moderate Risk)

The Government has some confidence the vendor understands the requirement, proposes a sound approach, and will be successful in performing the contract with some Government intervention.

Low Confidence

(High Risk)

The Government has low confidence the vendor understands the requirement, proposes a sound approach, or will be successful in performing the contract even with Government intervention.

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).

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.

Please submit with your quote the following:

Price Quote:

- A completed SOI. (Schedule of Items document)

Technical and Past Performance Information: The technical proposal shall address the evaluation factors in 52.212-2. At a minimum technical proposal shall include the following documents:

- Capability Questionnaire. Complete and return the Capability

Questionnaire that has been provided. This is intended to capture a summary of your qualifications and proposed work plan and schedule; it is mandatory to fill out the form with your answers.

Relevant past performance is considered performance of full-service janitorial contracts in active office buildings. The Government may contact references listed on the

Capability Questionnaire as well as seek information from any source it deems appropriate to obtain or validate information regarding past performance of the quoter and any proposed subcontractor. Submitting past performance/references in addition to the Capability Questionnaire is optional.

- Representations and Certifications – Fill in the check boxes for provisions

52.204-24 and 52.212-3 found in this solicitation and include a copy with your offer.

Capability Questionnaire

CONTRACTOR

NAME

POINT OF

CONTACT

PHONE NO

EMAIL ADDRESS

Information submitted on this form will be used for the technical evaluation of quotes. Use as much space as needed to provide a clear description of your experience and your plan for this project.

If submitting this form as a subcontractor, on behalf of a prime contractor, please identify who is the subcontractor and who is the prime contractor.

This form must be completed independent of any other documentation provided with your quote. Responses such as “see attached” or similar with the intent of referring the evaluation team to a different document may be considered as non-responsive and may disqualify the quote from consideration for award.

Experience of the Firm

What contracts has your firm performed which are similar in size and scope to this project? Who can we contact concerning your performance?

Project 1 Name:

Type, size, complexity, scope of work:

Start and completion dates:

Name of Reference Contact:

Phone and email:

Type, size, complexity, scope of work:

Start and completion dates:

Type, size, complexity, scope of work:

Start and completion dates:

Understanding of the Work

1. How extensive was your site visit for this project? (e.g., didn’t visit;

attended gov-led visit; prior experience working at this site).

2. What did the site visit reveal about the difficulty of the project? Did you notice any problems that are likely to come up during performance? If so, what actions would you take to get the work done?

3. How many workers will be assigned to the project? List the key personnel that will be assigned (who will perform the work on site):

Name:

Position:

4. Many Forest Service locations requiring services are geographically remote and have been historically difficult to staff these services for. Are the personnel listed above employees of your company, or subcontractors? If subcontractors, list the name of the subcontracted company and a point of contact with phone and email.

5. How will you handle sick days or other employee absences in a way that prevents disruption of contract services?

6. What is your plan for areas or tasks that will be done first, next, last, so that it is least disruptive to our office workers?

STATEMENT OF WORK

SCOPE OF CONTRACT

Contractor shall furnish all labor, materials, equipment, transportation, and incidentals necessary to provide janitorial service for the Kern River Ranger District, Kernville

Office.

LOCATION AND INSPECTION

The Kern River Ranger District, Kernville Office building is a 1-story building containing approximately 9,802 square feet. This contract will include the gym and bathroom in the Warehouse which is an additional 561 square feet. These buildings are located at 11380 Kernville Road, Kernville, California approximately 62 miles northeast of Bakersfield, California via State Highway 178.

NOTE: Appointments to schedule a site visit and examine the work areas may be made by contacting Sherry Montgomery (760) 376-3781 Ext. 636.

GOVERNMENT FURNISHED PROPERTY

The Government shall deliver to the Contractor the following Government-furnished property as needed:

Waste baskets only.

CONTRACTOR FURNISHED PROPERTY

The Contractor will furnish all tools, floor finish, furniture polish, glass cleaner, mops, broom and dustpan, vacuum cleaner, ladders, extra supplies necessary to fill toilet paper dispensers with two ply paper, paper towels to fill towel dispensers, hand soap, waste baskets liners, toilet seat covers, disinfectants and soap, etc., necessary for the successful performance of the contract.

PERSONAL CONDUCT

Due to the nature of the duties under this contract, the Contractor will, to some extent, represent the Forest Service to the public. He/she will be expected to always keep himself/herself neat and to conduct himself/herself in a manner which will not bring discredit to the Forest Service. Failure to do so in a satisfactory manner may be grounds for default of this contract.

PRE-WORK CONFERENCE

Prior to commencement of work, the COR will arrange a meeting with the Contractor at a mutually agreeable time. The Contractor, the COR and/or their authorized representatives will attend the meeting to discuss work schedules, the scope of the contract, responsibilities of both parties, and to promote a better understanding between the Contract and Forest service personnel.

SUPERVISION

Before work starts, the Contractor shall designate in writing a person to be acting during

Contractor’s absence from the work site. The Contractor shall list the extent of authority his/her representative will have on the job. The Contractor or the acting authorized representative shall receive orders and instructions from the Contracting Officer’s

Representative and shall take such action as is required to keep the job in progress under the terms of the contract. Ensure all doors entered are relocked. Notify Inspector of interior doors that are found unlocked.

WORK STANDARDS AND CONDUCT

All work under this contract shall be performed in a skillful and professional manner.

The Contracting Officer may, in writing, require the Contractor to remove from the work any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable or of questionable character or for the theft, possession and/or removal of materials, supplies, equipment, or any Government -owned property.

The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity, and shall be responsible for taking such disciplinary action with respect to the employees as may be necessary.

The Contractor shall prohibit his/her employee(s) from disturbing papers on desks, opening desk drawers or cabinets, or using telephones, computer terminals or office equipment for official Government use, except as authorized elsewhere in this contract.

The Contractor shall assure all exterior doors and windows are closed and locked securely upon leaving the premises.

The Contractor will be notified on non-compliance and will be requested to correct the condition at his/her expense. Repeated failure on this item may be grounds for termination of the contract.

SCHEDULE OF DUTIES

A record of work actually performed will be indicated on a form provided by the Forest

Service. The record will show the duties to be performed once each week, once each month, etc.

GENERAL – This contract will cover performance of janitorial services in:

a. Kernville Main office

b. Kernville Warehouse-gym and bathroom.

SPECIFICATIONS OF WORK TO BE PERFORMED

Work shall be performed during non-office hours. Regular office hours are 8:00 a.m. to

4:30 p.m.

ROUTINE SERVICE

The following work shall be accomplished 2 days per week, actual days of the week will be negotiated between contractor and COR.

1. Thoroughly vacuum all carpeted areas in buildings. This includes but is not limited to halls, reception areas, offices, under desks, in corners, and around edges of carpets.

2. Sweep doormats and outside porches at entrance doors. Sweep main office entrance walk and front sidewalk.

3. Sweep and wet mop until clean all hard surface ceramic and tile floors with an appropriate cleaner for the type of floor to be cleaned. Remove black heel marks.

4. Empty wastebaskets into the disposal bin provided. Replace plastic trashcan liners. Empty and clean all outside ashtrays and waste receptacles.

5. Clean, polish, and disinfect all drinking fountains, wash basins, kitchen sinks and counters, toilets, urinals. Remove chemical deposits in urinal and toilets.

6. Mirrors, shelving, dispensers, and chromium fixtures shall be damp-wiped and polished. All other surfaces shall be spot-cleaned, and the horizontal surfaces dusted.

7. Hand railings, ledges shall be cleaned and disinfected.

8. Replenish paper towels, liquid soap in dispensers, toilet paper and toilet seat covers as required.

9. Spot clean carpet as needed.

10. In the Main Office reception areas, wash all vestibule windows (including door windows) and clean counter. Dust windowsills and wipe finger smudges from doors and light switches. Lobby floor shall be kept clean.

11. All interior and exterior lights are on sensors/timers and automatically turn on and off.

12. Before leaving any building, check all windows and entrance doors, making sure they are closed and locked.

13. Gym-all gym equipment will be wiped down with disinfectant, floors and other fixtures will be cleaned as stated in this contract.

WEEKLY SERVICE

1. Dust mini-blinds and around windows.

2. Dust and wipe down windowsills and baseboards.

3. Dust horizontal surfaces of file cabinets, chairs, tables, bookcases and other furniture with a treated cloth. Vacuum cloth covered chairs.

4. Clean glass in front door and frame assembly inside and outside.

5. Cobweb removal off building on outside exterior.

MONTHLY DUTIES: To be performed once per month (on a date to be mutually determined by the Contracting Officer’s Representative and the Contractor):

1. Do interior high dusting and cobweb removal including space between window and storm window.

2. Remove spots, smudges, and finger marks from around doors, on the doors, and around switch plates.

3. Wash down restroom walls and partitions, waste receptacles shall be damp wiped inside and out.

4. All recyclable materials are placed in either blue recyclable containers or marked recycle on containers. Containers have blue recyclable bags which shall be collected and placed in outside dumpster.

5. All tile floors shall be cleaned to manufacturer’s specifications. Clean mopboards.

6. All vertical surfaces and under surfaces (knee wells, chair rungs, table legs, etc.) of furniture and equipment shall be dusted.

SEMI-ANNUAL DUTIES: To be performed twice per year during the months of

October and April:

1. Clean all exterior glass inside and out, and wash screens. Replace and secure all screens. If inclement weather prevents the washing of the exterior surface of windows, such work shall be performed immediately following the inclement weather period.

2. Wash/wipe all mini-blinds and Venetian blinds.

3. Wash/wipe all light fixtures.

4. Carpets shall be spot cleaned throughout the entire building to manufacturer’s specifications.

ANNUAL DUTIES: Duties to be performed once time per year:

1. Clean carpeting in all buildings to manufacturer’s specifications. This work will require coordination with the Contracting Officer’s Representative so that, if necessary, office furniture can be moved prior to cleaning.

INFORMAL VISITS

The Contracting Officer and/or his/her appointed representative shall visit the work areas to observe the Contractor’s work and progress.

CONTRACT PERIOD

The contract period is from the date of award (estimated October 1, 2024) through

September 30, 2025.

BASIS OF PAYMENT

Payments will be made monthly after completion of the month’s work and upon receipt of a properly prepared invoice through IPP. Payment will not be made for any day on which no regular work is performed.

Although work is not required on a federal holiday, duties are still required to be performed each week. If a negotiated workday falls on a federal holiday the work will be completed either the day before or the day after the holiday if a clean office is presented on the first workday after the holiday.

127EAS24Q0122

USDA Forest Service Southwestern Region

Sequoia National Forest Kern River Janitorial

FAC 2024-05 May 22, 2024

SEQUOIA NATIONAL FOREST

KERN RIVER RANGER DISTRICT

JANITORIAL DAILY LOG OF WORK

THIS LOG IS TO BE SUBMITTED AT THE END OF EACH WORK WEEK

CHECK BLOCKS AFTER COMPLETION

R=ROUTINE W=WEEKLY M=MONTHLY S=SEMI-ANNUALLY A=ANNUALLY

WORK WEEK DATES: __________________

M TU W TH F SA SU DUE ROUTINE ITEMS

R Vacuum carpets.

R Sweep doormats and outside porches at entrance doors. Sweep main office entrance and front sidewalks.

R Sweep and wet mop ceramic and tile floors.

remove black heel marks.

R Empty wastebaskets. Replace plastic trashcan liners.

R Clean, polish and disinfect drinking fountains, washbasins, kitchen sinks/counters, toilets, urinals.

R Mirrors, shelving, dispensers, and chromium fixtures shall be damp-wiped and polished. All other surfaces shall be spot-cleaned and the horizontal surfaces dusted.

R Replenish paper towels, soaps, and toilet paper.

R Spot clean carpets in hallways as needed.

R In main office reception area, wash windows and clean counter. Dust windowsills and wipe finger smudges from doors and light switches.

W Dust mini-blinds and around windows.

W Dust and wipe down windowsills and baseboards.

W Hand railings, ledges shall be cleaned and disinfected.

W Dust horizontal surfaces of file cabinets, chairs, tables, bookcases other furniture, and vacuum cloth covered chairs.

W Clean glass in front door and frame assembly inside and outside.

M Interior high dusting and cobweb removal, including space between window and storm window.

M Remove spots, smudges, and finger marks from around doors and switch plates.

M Wash restroom walls and partitions.

M Recycle officer paper.

M TU W TH F SA SU ROUTINE ITEMS

M Tile floor in kitchen shall be stripped and waxed.

M

M

Ceramic tile floors shall be kept in high gloss state, clean mopboards.

All vertical surfaces and undersurfaces (knee wells, chair rungs, table legs, etc., shall be dusted.

S Clean all exterior glass inside and out, including screens.

S

Wash all mini-blinds, and Venetian blinds.

Wash all light fixtures.

Carpets shall be spot cleaned throughout entire building.

A Clean carpeting in all buildings with carpet cleaner.

I CERTIFY THAT HIS LOG, AS FILLED IN, IS COMPLETE AND CORRECT AND MEETS

THE REQUIREMENTS OF THE CONTRACT.

CONTRACTOR’S SIGNATURE DATE

Contract Clauses and Provisions:

52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (SEP

2023) (Provision)

Addenda to Provision 52.212-1 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. https://www.sam.gov/SAM/

2) Offers submitted in response to this solicitation shall include a Completed SOI, a

Completed Capability Questionnaire, and contractor representations and certifications.

Technical Proposal – The technical proposal shall address the evaluation factors in

52.212-2. At a minimum technical proposal shall include:

Capability Questionnaire - Complete and return the Capability Questionnaire that has been provided. This is intended to capture a summary of your qualifications and proposed work plan and schedule; it is mandatory to fill out the form with your answers.

Relevant past performance is considered performance of full-service janitorial contracts in active office buildings. The Government may contact references listed on the

Capability Questionnaire as well as seek information from any source it deems appropriate to obtain or validate information regarding past performance of the quoter and any proposed subcontractor. Submitting past performance/references in addition to the Capability Questionnaire is optional.

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

3) Submit offer by email to christopher.kane2@usda.gov so that it is delivered into this inbox by the due date and time. Emails should contain 3 separate attachments

(Technical Proposal, Price Proposal, and Representations and Certifications) in

Microsoft Word, Excel, or Adobe PDF format. 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 from christopher.kane2@usda.gov.

4) Address questions about this solicitation to christopher.kane2@usda.gov.

(End of provision)

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

(Provision)

(a) The Government intends to award a firm fixed price 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.

https://www.sam.gov/SAM/ mailto:christopher.kane2@usda.gov

Offerors that do not submit all sections of evaluation factors may not be considered for contract award. Responses should be submitted on the most favorable terms that the offeror could make to the Government.

The Government reserves the right to reject any or all offers or to make award without conducting negotiations.

The following factors shall be used to evaluate offers:

Technical, Past Performance, and Price.

The Government will evaluate proposals using a tradeoff process to determine the best value to the Government. This process permits tradeoffs among cost or price and non-cost factors and allows the Government to determine a quote the most advantageous proposal based upon the evaluation factors specified in the solicitation.

The Government will evaluate quotes based on the perceived value of the quoter’s provided technical submissions, past performance, and quoted price.

The Government may use confidence ratings and/or perform a comparative evaluation

(comparing offers to each other) to select the contractor that provides the best value, considering the evaluation factors in this solicitation. If confidence ratings are used, they will use the definitions below:

Confidence

Rating

Definition

High Confidence

(Low Risk)

The Government has high confidence the vendor understands the requirement, proposes a sound approach, and will be successful in performing the contract with little or no Government intervention.

Some Confidence

(Moderate Risk)

The Government has some confidence the vendor understands the requirement, proposes a sound approach, and will be successful in performing the contract with some Government intervention.

Low Confidence

(High Risk)

The Government has low confidence the vendor understands the requirement, proposes a sound approach, or will be successful in performing the contract even with Government intervention.

(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.

(End of provision)

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

VENDOR NAME: _____________________________________________

VENDOR UEI: _____________________________________________

FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation (OCT

2020) (Provision)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c) (1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the

Government in the performance of any contract, subcontract, or other contractual instrument.

(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 any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment (NOV 2021) (Provision)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the

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

Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.sam.gov/ https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 covered telecommunications equipment or services" in paragraph (c)(2) of the provision at FAR

52.204-26, or in paragraph (v)(2)(ii) of the provision at FAR 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 FAR 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— https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.sam.gov/

(1) It ☐ will, ☐ will not provide covered telecommunications equipment or services to the

Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds

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

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

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

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained:

Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

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

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the

Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the

OEM or a distributor, if known);

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

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

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained:

Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided;

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

(End of provision)

FAR 52.212-3 Offeror Representations and Certifications – Commercial Products and

Commercial Services (MAY 2024) (Provision)

[If Offeror Representations and Certifications are not complete in SAM the offeror shall submit a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications-

Commercial Products and Commercial Services, with your offer. The full provision is available from http://www.acquisition.gov/far/.

If Offeror Representations and Certifications are complete in SAM, the offeror shall complete the following:]

(b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and

Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs http://www.acquisition.gov/far/ http://www.sam.gov/ 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

[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.]

(End of provision)

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

Commercial Services (NOV 2023)

(xii) FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or

Executive Orders – Commercial Products and Commercial Services (MAY 2024)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) FAR 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) FAR 52.204-23, Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of

Pub. L. 115-91).

(3) FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-

232).

(4) FAR 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV

2015).

(5) FAR 52.232-40, Providing Accelerated Payments to Small Business

Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) FAR 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) FAR 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws

108-77 and 108-78 (19 U.S.C. 3805 note)).

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

https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

[Contracting Officer check as appropriate.]

☐ (1) FAR 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with

Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

☐ (2) FAR 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41

U.S.C. 3509)).

☐ (3) FAR 52.203-15, Whistleblower Protections under the American Recovery and

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

☒ (4) FAR 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C.

4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

☐ (5) FAR 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards

(Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

☐ (6) [Reserved].

☐ (7) FAR 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-

117, section 743 of Div. C).

☐ (8) FAR 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

☒ (9) FAR 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section

102 of Division R of Pub. L. 117-328).

☐ (10) FAR 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal

Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts.

(Dec 2023) (Pub. L. 115–390, title II)

☐ (11)(i) FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—

Prohibition (Dec 2023) (Pub. L. 115–390, title II)

☐ (ii) Alternate I (Dec 2023) of FAR 52.204-30.

☒ (12) FAR 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C.

6101 note).

☐ (13) FAR 52.209-9, Updates of Publicly Available Information Regarding Responsibility

Matters (OCT 2018) (41 U.S.C. 2313).Updates of Publicly Available Information

Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

☐ (14) [Reserved].

☐ (15) FAR 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15

U.S.C. 657a).

☐ (16) FAR 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

☐ (17) [Reserved]

☒ (18) (i) FAR 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C.

644).

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

https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/4655 https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/52.203-17#FAR_52_203_17 https://www.govinfo.gov/link/uscode/41/4712 https://www.govinfo.gov/link/uscode/41/4712 https://www.acquisition.gov/far/3.900#FAR_3_900 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.204-14#FAR_52_204_14 https://www.acquisition.gov/far/52.204-15#FAR_52_204_15 https://www.acquisition.gov/far/52.204-27#FAR_52_204_27 https://www.acquisition.gov/far/52.204-28#FAR_52_204_28 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.acquisition.gov/far/52.209-6#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.209-9#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/52.219-3#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/52.219-4#FAR_52_219_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6

☐ (19) (i) FAR 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C.

644).

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

☐ (20) FAR 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C.

637(d)(2) and (3)).

☐ (21) (i) FAR 52.219-9, Small Business Subcontracting Plan (SEP 2023)

(15 U.S.C. 637(d)(4)).

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

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

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

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

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

☐ (ii) Alternate I (MAR 2020) of FAR 52.219-13.

☐ (23) FAR 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 637s).

[Contracting Officer check as appropriate.]

☐ By the end of the base term of the contract and then by the end of each subsequent option period; or

☐ By the end of the performance period for each order issued under the contract.

☐ (24) FAR 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C.

637(d)(4)(F)(i)).

☐ (25) FAR 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled

Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB

Program (FEB 2024) (15 U.S.C. 657f).

☒ (26) (i) FAR 52.219-28, Post Award Small Business Program Rerepresentation (FEB 2024)

(15 U.S.C. 632(a)(2)).

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

☐ (27) FAR 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

☐ (28) FAR 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned

Small Business Concerns Eligible Under the Women-Owned Small Business Program

(OCT 2022) (15 U.S.C. 637(m).

☐ (29) FAR 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020)

(15 U.S.C. 644(r)).

☐ (30) FAR 52.219-33, Nonmanufacturer Rule (SEP 2021) (15U.S.C. 637(a)(17)).

☒ (31) FAR 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

☐ (32) FAR 52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB

2024).[

☒ (33) FAR 52.222-21, Prohibition of Segregated Facilities (APR 2015).

☒ (34) (i) FAR 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

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

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

https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-8#FAR_52_219_8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 https://www.acquisition.gov/far/52.219-14#FAR_52_219_14 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-16#FAR_52_219_16 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-27#FAR_52_219_27 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 https://www.acquisition.gov/far/52.219-29#FAR_52_219_29 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-30#FAR_52_219_30 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-32#FAR_52_219_32 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.acquisition.gov/far/52.219-33#FAR_52_219_33 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm https://www.acquisition.gov/far/52.222-3#FAR_52_222_3 https://www.acquisition.gov/far/52.222-19#FAR_52_222_19 https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-new-trade-agreements-thresholds.pdf…