127EAV25R0003 combined.pdf
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- Attached to
- Tonto Portable Toilets Federal contract opportunity
- Solicitation number
- 127EAV25R0003
- Issued by
- Department of Agriculture Forest Service
About this file
This is a Request for Proposal (RFP) from the USDA Forest Service (Southwest Region) for portable toilet services at the Tonto National Forest near Phoenix, Arizona. The solicitation is a 100% small business set-aside for a base year with four optional additional years, covering 39 portable restroom units located across multiple recreation and OHV (Off-Highway Vehicle) permit zones including Bartlett Lake, Needle Rock Recreation Areas, St. Clair OHV Permit Zone, Desert Vista OHV Permit Zone, The Rolls OHV Permit Zone, and Bulldog Canyon OHV Permit Zone.
The contract requires monthly cleaning services (either once or twice per week), emergency services, and extra holiday weekend cleaning. The base period runs from September 1, 2025 to August 31, 2026, with potential extensions through August 6, 2030. Vendors must submit a technical proposal demonstrating equipment and personnel capabilities, a price proposal, and required representations and certifications. Offers are due by August 25, 2025 at 3:00 PM ET, to be submitted via email to Ernest Hernandez at ernest.hernandez@usda.gov. The procurement will be awarded using a Lowest Price Technically Acceptable (LPTA) evaluation methodology.
View the file
Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| QandA.pdf | ||
| SZ Portable Toilets Contract Maps.pdf | ||
| SOI.pdf | ||
| WD 2015-5469 Rev28.pdf | ||
| SOW.pdf |
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Text version
SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
7EAV
ALBUQUERQUE NM 87102-3498
333 BROADWAY BLVD SE
USDA-FS CSA SOUTHWEST 5
8180 CODE 16. ADMINISTERED BYCODE
X
X
X
562991
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED OR7EAV
REQUEST FOR
PROPOSAL
(RFP)
INVITATION
FOR BID (IFB)
10. THIS ACQUISITION ISCODE
REQUEST FOR
QUOTE (RFQ)
14. METHOD OF SOLICITATION
13b. RATING
NORTH AMERICAN INDUSTRY
CLASSIFICATION STANDARD
(NAICS):
SMALL BUSINESS
07/31/2025 1700 ET
07/18/2025
800-832-1355ERNEST HERNANDEZ
(No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
127EAV25R0003
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 3 1154724OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
PHOENIX AZ 85006
2324 E MCDOWELL ROAD
TONTO NATIONAL FOREST
15. DELIVER TO
ALBUQUERQUE NM 87102-3498
333 BROADWAY BLVD SE
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$9
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FREE ON BOARD
(FOB) DESTINATION UNLESS
BLOCK IS MARKED
11.
SEE SCHEDULEX
12. DISCOUNT TERMS THIS CONTRACT IS A RATED
ORDER UNDER THE DEFENSE
PRIORITIES AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
HUBZONE SMALL
BUSINESS
8(A)
USDA-FS CSA SOUTHWEST 5
WOMEN-OWNED SMALL
BUSINESS (WOSB)
ECONOMICALLY DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
Period of Performance: 08/07/2025 to 08/06/2026
0001 Tonto South Zone Portable Toilet - This project is for the use of portable restrooms on the Cave Creek Ranger District and Mesa Ranger District.
The restrooms would be located at Bartlett Lake & Needle Rock Recreation Areas, St. Clair OHV Permit Zone, Desert Vista OHV Permit Zone, The Rolls OHV Permit Zone, and Bulldog Canyon OHV Permit Zone. All recreation sites are located between 45 to 50 miles from Phoenix. SEE SOW
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
X
XX
DATED
DAVID L. WATSON
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3
AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Government Use Only)
OFFER
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT: REFERENCE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 11/2021) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
attached.
Product/Service Code: W085
Product/Service Description: LEASE OR RENTAL OF
EQUIPMENT- TOILETRIES
Delivery: 365 Days After Award
1001 Tonto South Zone Portable Toilet - This project is for the use of portable restrooms on the Cave
Creek Ranger District and Mesa Ranger District.
The restrooms would be located at Bartlett Lake &
Needle Rock Recreation Areas, St. Clair OHV
Permit Zone, Desert Vista OHV Permit Zone, The
Rolls OHV Permit Zone, and Bulldog Canyon OHV
Permit Zone. All recreation sites are located between 45 to 50 miles from Phoenix.
(Option Line Item)
Product/Service Code: W085
Product/Service Description: LEASE OR RENTAL OF
EQUIPMENT- TOILETRIES
Period of Performance: 08/07/2026 to 08/06/2027
2001 Tonto South Zone Portable Toilet - This project is for the use of portable restrooms on the Cave
Creek Ranger District and Mesa Ranger District.
The restrooms would be located at Bartlett Lake &
Needle Rock Recreation Areas, St. Clair OHV
Permit Zone, Desert Vista OHV Permit Zone, The
Continued ...
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
3 2 of
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 3
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
127EAV25R0003
Rolls OHV Permit Zone, and Bulldog Canyon OHV
Permit Zone. All recreation sites are located between 45 to 50 miles from Phoenix.
(Option Line Item)
Product/Service Code: W085
Product/Service Description: LEASE OR RENTAL OF
EQUIPMENT- TOILETRIES
Period of Performance: 08/07/2027 to 08/06/2028
3001 Tonto South Zone Portable Toilet - This project is for the use of portable restrooms on the Cave
Creek Ranger District and Mesa Ranger District.
The restrooms would be located at Bartlett Lake &
Needle Rock Recreation Areas, St. Clair OHV
Permit Zone, Desert Vista OHV Permit Zone, The
Rolls OHV Permit Zone, and Bulldog Canyon OHV
Permit Zone. All recreation sites are located between 45 to 50 miles from Phoenix.
(Option Line Item)
Product/Service Code: W085
Product/Service Description: LEASE OR RENTAL OF
EQUIPMENT- TOILETRIES
Period of Performance: 08/07/2028 to 08/06/2029
4001 Tonto South Zone Portable Toilet - This project is for the use of portable restrooms on the Cave
Creek Ranger District and Mesa Ranger District.
The restrooms would be located at Bartlett Lake &
Needle Rock Recreation Areas, St. Clair OHV
Permit Zone, Desert Vista OHV Permit Zone, The
Rolls OHV Permit Zone, and Bulldog Canyon OHV
Permit Zone. All recreation sites are located between 45 to 50 miles from Phoenix.
(Option Line Item)
Product/Service Code: W085
Product/Service Description: LEASE OR RENTAL OF
EQUIPMENT- TOILETRIES
Period of Performance: 08/07/2029 to 08/06/2030
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
Solicitation Number:
FAC 2025-05 August 7, 2025
(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6 of the Federal Acquisition Regulation (FAR), as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.
(ii) This solicitation is issued as a Request for Quote (RFQ).
(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-05.
(iv) This procurement is set aside for 100% SB. The NAICS code is 562991_and the Small Business Size Standard is $9M.
(v) Schedule of Items/Price Schedule
Project Description: Tonto Portable Toilets____________________
Vendor Name: __________________________________Vendor UEI:___________________
Item Supplies/Services Qty Unit of Issue
Unit Price Total Price
BASE
Monthly Cleaning (1x per week per toilet)
316 ea $ $
Monthly Cleaning (2x per week per toilet)
152 ea $ $
Extra Holiday Weekend Cleaning
95 ea $ $
Emergency Services 1 ea $ $ Portable Toilet 39 ea $ $ Total $
OPTIONAL
LINE ITEM
Monthly Cleaning (1x per week per toilet)
316 ea $ $
Monthly Cleaning (2x per week per toilet)
152 ea $ $
Extra Holiday Weekend Cleaning
95 ea $ $
Emergency Services 1 ea $ $ Portable Toilet 39 ea $ $ Total $
OPTIONAL
LINE ITEM
Monthly Cleaning (1x per week per toilet)
316 ea $ $
Monthly Cleaning (2x per week per toilet)
152 ea $ $
Extra Holiday Weekend Cleaning
95 ea $ $
Emergency Services 1 ea $ $ Portable Toilet 39 ea $ $ Total $
OPTIONAL
LINE ITEM
Monthly Cleaning (1x per week per toilet)
316 ea $ $
Monthly Cleaning (2x per week per toilet)
152 ea $ $
Extra Holiday Weekend Cleaning
95 ea $ $
Emergency Services 1 ea $ $ Portable Toilet 39 ea $ $ Total $
OPTIONAL
LINE ITEM
Monthly Cleaning (1x per week per toilet)
316 ea $ $
Monthly Cleaning (2x per week per toilet)
152 ea $ $
Extra Holiday Weekend Cleaning
95 ea $ $
Emergency Services 1 ea $ $ Portable Toilet 39 ea $ $
Total $
Total Base +4 Option Years
Schedule Notes:
a) Items labeled as optional are not required to be exercised by the government. If exercised, the contractor will be required to perform the optional work in accordance with the terms and conditions of this contract.
b) One award will be made from this solicitation; contractors must submit pricing for all items.
(vi) Description of Requirement (including a list of any attachments)
This project is for the use maintenance of 39 portable restroom units on the Cave Creek Ranger District and Mesa Ranger District. The restrooms would be located at Bartlett Lake & Needle Rock Recreation Areas, St. Clair OHV Permit Zone, Desert Vista OHV Permit Zone, The Rolls OHV Permit Zone, and Bulldog Canyon OHV Permit Zone. All recreation sites are located between 45 to 50 miles from Phoenix.
(vii) Date(s) and Place(s) of Delivery and Acceptance/Location
See SOW para 1.1.1.
Est. Base Year: 1 Sep 2025 - 31 Aug 2026. With up to 4 Option Years
(viii) FAR 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (SEP 2023) (Provision)
Addenda to Provision FAR 52.212-1:
For simplified acquisitions, the word quote or quoter is substituted in provision FAR 52.212-1 for the word offer or offeror.
Addenda to Provision FAR 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 technical proposal, a price proposal, and contractor representations and certifications.
a) Technical Proposal – The technical proposal shall address the evaluation factors in FAR 52.212-2. At a minimum technical proposal shall include:
i) Technical Capability – Provide a list of equipment and key personnel that will be used to complete this project.
b) Price Proposal – Include the following: 1) Signed copy of SF 1449. completed Schedule of Items/Price Schedule from Section (v) of this solicitation. 2) acknowledgement of any amendments to this solicitation by following the instructions that accompany the amendment(s).
c) Representations and Certifications – Fill in the check boxes for provisions FAR 52.204-26, FAR 52.204-24(if applicable), NOTICE: SAM updates may lag policy updates and may continue to require entities to complete representations based on provisions that are not included in agency solicitations, including:
FAR 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals— Representation
Paragraph (d) & (t) of 52.212-3, Offeror Representations and Certifications— Commercial Products and Commercial Services
Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.
3) Submit offer by email to ernest.hernandez@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 Mr. Ernest Hernandez.
4) Address questions about this solicitation to Mr. Hernandez at ernest.hernandez@usda.gov .
(ix) FAR 52.212-2 Evaluation – Commercial Products and Commercial Services (NOV 2021) (Provision)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
Lowest Price Technically Acceptable (LPTA)
Technical Capability – Provide a list of equipment and key personnel that will be used to complete this project.
Price Proposal – Include the following: 1) Signed copy of SF 1449. completed Schedule of Items/Price Schedule from Section (v) of this solicitation. 2) acknowledgement of any amendments to this solicitation by following the instructions that accompany the amendment(s).
(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 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—
(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) (DEVIATION FEB 2025) (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 ______________.
[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 (JAN 2025)
(DEVIATION FEB 2025)
(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:
[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, or Voluntarily Excluded.
(JAN 2025) (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.
☐ (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 (JAN 2025) (15 U.S.C.
637(d)(2) and (3)).
☐ (21) (i) FAR 52.219-9, Small Business Subcontracting Plan (JAN 2025) (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 (JAN 2025) 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, Postaward Small Business Program Rerepresentation (JAN 2025) (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) (15 U.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 (JAN 2025)
(E.O. 13126).[[ ☐ (33) [Reserved] ☐ (34) [Reserved] ☐ (35) (i) FAR 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
☐ (ii) Alternate I (JUL 2014) of FAR 52.222-35.
☒ (36) (i) FAR 52.222-36, Equal Opportunity for Workers with Disabilities (JUN
2020) (29 U.S.C. 793).
☐ (ii) Alternate I (Jul 2014) of FAR 52.222-36.
☐ (37) FAR 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
☐ (38) FAR 52.222-40, Notification of Employee Rights Under the National Labor Relations
Act (Dec 2010) (E.O. 13496).
☐ (39) (i) FAR 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter
78 and E.O. 13627).
☐ (ii) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).
☐ (40) FAR 52.222-54, Employment Eligibility Verification (JAN 2025) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
☐ (41) (i) FAR 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 FAR 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
☐ (42) FAR 52.223-11, Ozone-Depleting Substances and High Global Warming Potential
Hydrofluorocarbons (MAY 2024) (42 U.S.C. 7671, et seq.).
☐ (43) FAR 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration
Equipment and Air Conditioners (MAY 2024) (42 U.S.C. 7671, et seq.).
☐ (44) FAR 52.223-20, Aerosols (MAY 2024) (42 U.S.C. 7671, et seq.).
☐ (45) FAR 52.223-21, Foams (MAY 2024) (42 U.S.C. 7671, et seq.).
☐ (46) FAR 52.223-23, Sustainable Products and Services (MAY 2024) (DEVIATION FEB
2025) (7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).
☐ (47) (i) FAR 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).
☐ (ii) Alternate I (Jan 2017) of FAR 52.224-3.
☐ (48) (i) FAR 52.225-1, Buy American-Supplies (OCT 2022) (41 U.S.C. chapter 83).
☐ (ii) Alternate I (Oct 2022) of 52.225-1 ☐ (49) (i) FAR 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV
2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
☐(ii) Alternate I [Reserved] ☐(iii) Alternate II (JAN 2025) of FAR 52.225-3.
☐(iv) Alternate III (FEB 2024) of FAR 52.225-3.
☐(v) Alternate IV (OCT 2022) of FAR 52.225-3.
☐ (50) FAR 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C.
3301 note).
☒ (51) FAR 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
☐ (52) FAR 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
☐ (53) FAR 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
☐ (54) FAR 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area
(NOV 2007) (42 U.S.C. 5150).
☒ (55) FAR 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) (E.O. 13513).
☐ (56) FAR 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).
☐ (57) FAR 52.232-29, Terms for Financing of Purchases of Commercial Products and
Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
☐ (58) FAR 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
☒ (59) FAR 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) (31 U.S.C. 3332).
☐ (60) FAR 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
☐ (61) FAR 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
☐ (62) FAR 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
☒ (63) FAR 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or
Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
☐ (64) FAR 52.242-5, Payments to Small Business Subcontractors (JAN
2017) (15 U.S.C. 637(d)(13)).
☐ (65) (i) FAR 52.247-64, Preference for Privately Owned U.S.-Flag Commercial
Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).
☐ (ii) Alternate I (Apr 2003) of FAR 52.247-64.
☐ (iii) Alternate II (Nov 2021) of FAR 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
☐ (1) FAR 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter67).
☒ (2) FAR 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29
U.S.C. 206 and 41 U.S.C. chapter 67).
☒ (3) FAR 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) FAR 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29U.S.C.206 and 41 U.S.C. chapter 67).
☐ (5) FAR 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) FAR 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).
☐ (7) FAR 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
☐ (8) FAR 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O.
13706).
☐ (9) FAR 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 FAR 52.215-2, Audit and Records- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services.
Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) FAR 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).
(ii) FAR 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C.
4712).
(iii) 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)).
(iv) 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).
(v) 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).
(vi) FAR 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).
(vii) (A) FAR 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (DEC 2023) (Pub. L. 115–390, title II).
(B) Alternate I (DEC 2023) of FAR 52.204–30.
(viii) FAR 52.219-8, Utilization of Small Business Concerns (JAN 2025) (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 FAR 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(ix) [Reserved]
(x) [Reserved]
(xi) FAR 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
(xii) FAR 52.222-36, Equal Opportunity for Workers with Disabilities (JUN
2020) (29 U.S.C. 793).
(xiii) FAR 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
(xiv) FAR 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 FAR 52.222-40.
(xv) FAR 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
(xvi) (A) FAR 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C.
chapter 78 and E.O 13627).
(B) Alternate I (MAR 2015) of FAR 52.222-50 (22 U.S.C. chapter 78 and E.O.
13627).
(xvii) FAR 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).
(xviii) FAR 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).
(xix) FAR 52.222-54, Employment Eligibility Verification (JAN 2025) (E.O. 12989).
(xx) FAR 52.222-55, Minimum Wages for Contractor Workers Under Executive Order
14026 (JAN 2022).
(xxi) FAR 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O.
13706).
(xxii) (A) FAR 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of FAR 52.224-3.
(xxiii) FAR 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxiv) FAR 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 FAR 52.226-6.
(xxv) FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of FAR 52.232-40.
(xxvi) FAR 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
(xxvii) FAR 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause FAR 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
(xiii) Additional Requirements/Terms and Conditions:
Clauses Incorporated by Reference
FAR 52.204-13 System for Award Management Maintenance (OCT 2018) FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV
2021) FAR 52.222-49 Service Contract Labor Standards-Place of Performance Unknown (May
2014) FAR 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts
(MAY 2024) (DEVIATION FEB 2025)
FAR 52.232-19 Availability of Funds for Next Fiscal Year (APR 1984) FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR
1984) FAR 52.242-15 Stop-Work Order (AUG 1989) FAR 52.242-17 Government Delay of Work (APR 1984) FAR 52.245-9 Use and Charges (APR 2012) AGAR 452.204-70 Modification for Contract Closeout
Clauses Incorporated by Full Text
FAR 52.217-8 Option to Extend Services (Nov 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within _____ [insert the period of time within which the Contracting Officer may exercise the option].
(End of clause)
FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years and 6 months.
(End of clause)
FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
Federal Acquisition Regulation (FAR): https://www.acquisition.gov/browse/index/far (Clauses are located at FAR part 52 and begin with 52)
Department of Agriculture Acquisition Regulation (AGAR):https://www.acquisition.gov/agar (Clauses are located at AGAR part 452 and begin with 452)
Deviations to clauses may be viewed at: USDA FAR Class Deviations
FAR 52.252-6 Authorized Deviations in Clauses (NOV 2020)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.
(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR 4) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.
Provisions Incorporated by Reference
FAR 52.204-7 System for Award Management (NOV 2024) FAR 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020) FAR 52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures (Dec 2023) FAR 52.223-1 Biobased Product Certification (MAY 2024) (DEVIATION FEB 2025) FAR 52.223-4 Recovered Material Certification (MAY 2008) FAR 52.237-1 Site Visit (APR 1984)
Provisions Incorporated by Full Text
FAR 52.217-5 Evaluation of Options. (July 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).
(End of provision)
FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
Federal Acquisition Regulation (FAR): https://www.acquisition.gov/browse/index/far…
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