1284LM21Q0013.docx
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- Flathead NF, Swan Lake Janitorial Services
- Solicitation number
- 1284LM21Q0013
- Issued by
-
Department of Agriculture Forest Service
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| ExperienceQuestionnaire.pdf | ||
| Quality Assurance Surveillance Plan (QASP).docx | DOCX document | |
| Wage Determination 1995-0221 rev 51.docx | DOCX document |
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RFQ#1284LM21Q0013
| (i) | This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, FAR Subpart 13 and as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued. |
| (ii) | This solicitation is issued as a Request for Quotation (RFQ). |
| (iii) | The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-04. |
| (iv) | This procurement is set aside for Total Small Business. The NAICS code is 561720 and the Small Business Size Standard is $19.5. |
(v) Schedule of Items/Price Schedule
Base Year, June 1, 2021 – May 31, 2022
| Item No |
| Description |
| Units |
| Qty |
| Unit Price |
| Amount |
| 0001 |
| Main Office and Wellness Room |
| Mo |
| 12 |
| 0002 |
| Window / Glass Cleaning. To be paid as completed. (April & September) |
| EA |
| 2 |
| 0003 |
| Light Fixture Cleaning. To be paid as completed. (April & September) |
| EA |
| 2 |
Base Year TOTAL
Option Year One, June 1, 2022 – May 31, 2023
| Item No |
| Description |
| Units |
| Qty |
| Unit Price |
| Amount |
| 1001 |
| Main Office and Wellness Room |
| Mo |
| 12 |
| 1002 |
| Window / Glass Cleaning. To be paid as completed. (April & September) |
| EA |
| 2 |
| 1003 |
| Light Fixture Cleaning. To be paid as completed. (April & September) |
| EA |
| 2 |
Option Year One TOTAL
Option Year Two, June 1, 2023 – May 31, 2024
| Item No |
| Description |
| Units |
| Qty |
| Unit Price |
| Amount |
| 2001 |
| Main Office and Wellness Room |
| Mo |
| 12 |
| 2002 |
| Window / Glass Cleaning. To be paid as completed. (April & September) |
| EA |
| 2 |
| 2003 |
| Light Fixture Cleaning. To be paid as completed. (April & September) |
| EA |
| 2 |
Option Year Two TOTAL
Option Year Three, June 1, 2024 – May 31, 2025
| Item No |
| Description |
| Units |
| Qty |
| Unit Price |
| Amount |
| 3001 |
| Main Office and Wellness Room |
| Mo |
| 12 |
| 3002 |
| Window / Glass Cleaning. To be paid as completed. (April & September) |
| EA |
| 2 |
| 3003 |
| Light Fixture Cleaning. To be paid as completed. (April & September) |
| EA |
| 2 |
Option Year Three TOTAL
Option Year Four, June 1, 2025 – May 31, 2026
| Item No |
| Description |
| Units |
| Qty |
| Unit Price |
| Amount |
| 4001 |
| Main Office and Wellness Room |
| Mo |
| 12 |
| 4002 |
| Window / Glass Cleaning. To be paid as completed. (April & September) |
| EA |
| 2 |
| 4003 |
| Light Fixture Cleaning. To be paid as completed. (April & September) |
| EA |
| 2 |
Option Year Four TOTAL
NAME OF COMPANY:
MAILING ADDRESS:
EMAIL ADDRESS:
PHONE #:
DUNS #:
CONTACT NAME:
| CURRENT IN SAM: https://www.sam.gov |
| EXPIRATION DATE: |
(vi) Description of Requirement/Statement of Work
Scope of Contract
The Contractor shall provide all management, tools, equipment, and labor necessary to ensure that custodial services are performed at the designated location for the Swan Lake Ranger District in a manner that will maintain a satisfactory facility condition and present a clean, neat, and professional appearance. The Contractor's workforce shall perform all services associated with general custodial cleaning duties listed in the technical requirements.
The Contractor shall be responsible for the orderliness and cleanliness of all areas. All areas shall be kept clean, neat, and free of fire and safety hazards or unsanitary conditions.
This work is being solicited as a performance-based service contract. Performance based means the Contractor is responsible for an end product. If an end product is not provided in compliance with the contract specifications, an adjustment to the payment will be made.
The specifications listed below are intended to describe the requirements for janitorial services during this period.
MAIN OFFICE – Floor area is approximately 8,206 square feet. This includes first floor offices, hallways, stairs, two bathrooms upstairs, conference room, basement offices, and two bathrooms downstairs. Exterior areas to be cleaned including stairwells, patios, ramps, etc., are approximately 1,572 square feet.
WELLNESS ROOM - The wellness room is 792 square feet. Exterior areas to be cleaned include a stairwell at approximately 60 square feet.
Government-Furnished
· Government entry codes necessary for access to areas requiring work under this contract
· Dumpsters for trash and refuse disposal
· Storage space for Contractor-furnished cleaning supplies and equipment
· Utilities to operate equipment and water necessary to complete the work
· Fluorescent tubes and light bulbs
· All personal hygiene restroom supplies (liquid soap, paper towels, 2-ply toilet tissue,plastic garbage bags of varying sizes).
· Keys for paper towel, and toilet paper dispensers shall be signed for and returned upon completion or termination of the contract.
Contractor-Furnished
The Contractor shall furnish:
(1) All necessary supplies and materials (including cleaning supplies, wax, shampoo, spot remover) except those items specified as Government-furnished property.
(2) All necessary cleaning equipment including but not limited to: scrubbing machine, floor polishing machine, and vacuum cleaner.
Equipment shall be commercial size and type customarily used by the janitorial profession and capable of handling sand and gravel brought in by boots. Equipment designed for home use will not meet these specifications. The Contractor's equipment shall be in good repair and able to operate efficiently and safely.
The CO may inspect the Contractor's equipment, tools, or supplies at any time and direct the removal of any objectionable, improper, inadequate, or unsafe items. These items shall be removed from the job by the Contractor and replaced with satisfactory equipment.
The Contractor shall provide and maintain a file with copies of MSDS's for all chemical products used under this contract. This file shall be kept in the building and accessible to the CO at all times.
Contract Personnel
The Contractor shall employ competent and skilled personnel. The offeror is required to submit a list of personnel who will do the work and the extent of their experience for approval by the CO prior to the Notice To Proceed. Prior to a change of personnel, a list shall be submitted with names and their experience to the Contracting Officer for approval.
The Contractor shall supply the Contracting Officer with the personal information of the employee in order to input the employee into the Person Model for vetting.
The Contractor shall provide adequate supervision of crew to prevent employees from disturbing papers on desks, opening drawers or cabinets, using telephones, or computers provided for official Government use. The Contractor or employees shall not bring children to the premises while the work is being performed.
Contractor must have personnel available to back up the regular janitor in case of personal emergencies or inclement weather.
Measurement and Payment
An Inspection Checklist will be completed at the end of the month and will be signed by the COR and the vendor or vendor’s employee. Payments shall be made for janitorial services which have been satisfactorily provided during the month. Invoice will then be submitted, reviewed and approved or rejected by the COR within 7 days of receipt. Rejected invoices must be corrected and resubmitted.
Approved monthly invoices will then be submitted by contractor and approved for payment by the government thru the IPP system for electronic payment. (See #8 in Instructions to Offerors – Commercial Items on page 23)
Quality Control
The Contractor, not the Government, is responsible for management and quality control actions to meet the terms of this contract. The Contractor shall prepare, submit, and implement a written quality control plan (QCP) as described below. The Contractor shall ensure that the required services specified in this contract, meet the quality standards outlined in this contract and ensure that the custodial services are performed in accordance with commonly accepted commercial practices. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. As a minimum the contractor shall develop quality control procedures addressing their areas identified in the performance requirements summary. The Quality Control Plan shall include, but not be limited to:
Staffing Plan: A plan which includes work schedules for the facility including daily, weekly, monthly, and periodic tasks. The Staffing Plan shall also include the Contractor’s staffing levels. Individual responsibilities for oversight of the QCP and functions associated with such oversight as well as authority in dealing with Government contracts shall be identified.
Inspection System: An inspection system, which shall include all requirements listed in the statement of work and inspections procedures. Specify areas to be inspected, when inspections shall occur, and titles of individuals performing inspections. The QCP shall identify how the Contractor will correct noted deficiencies immediately and shall include control procedures for any Government-provided keys or lock combinations, location of the documented inspections and corrective or preventive actions taken, and a customer comments feedback system. The Contractor’s management will be available to physically inspect the quality of work if requested by the Contracting Officer.
Any changes to the inspection systems during the life of the Contract shall be acceptable to the COR.
Records of inspections shall be kept and made available to the Government throughout the performance period and for the period after contract completion until final settlement of any claims under this contract.
Government Quality Assurances
Assessment Methods: The Government will evaluate the Contractor's performance under this contract. A variety of surveillance methods may be used, i.e., random sampling, a 100% inspection, or customer feedback. When validating customer comments, the possible cause of unacceptable performance will be determined. If any Government action or lack of action was the cause, the complaint is not valid and deficiencies shall not be counted against the Contractor.
Deduction Methods: The Government will record performance noting any substandard performance. For substandard performance, the Government’s preferred course of action will be discussions with the Contractor to make the Contractor aware of the problem, and to effectively prevent any recurrence of substandard performance. The Government may also take the following actions:
| a. | Presentation of a Contract Discrepancy Report requiring a written explanation for substandard performance. |
| b. | Require correction or re-performance of the service. |
Building Security
The Contractor shall be responsible for safeguarding all Government property. At the end of each work period, all Government facilities, equipment, and materials shall be secured. All buildings will be locked and unlocked by the Government. However, the Contractor shall double check all doors nightly. Fans in bathrooms, portable air conditioners, and other like conveniences shall be turned off. Night lighting as designated by COR shall be left on.
The Government will allow the Contractor access to the areas to be cleaned. If the access is limited for any reason the Contractor will not be responsible for cleaning that area. The Contractor shall let the COR know immediately or the next day when access is denied.
The Contractor shall prohibit the use of keys or door codes issued by the Government by any persons other than the contract employees. The Contractor shall not duplicate any keys issued by the Government and shall immediately report to the CO any occurrences of lost or duplicated keys. In the event keys are lost or duplicated, the Contractor may be required to re-key or replace the affected lock(s) without cost to the Government. The Government may, at its option, replace the affected lock(s) or perform re-keying. Cost of such work shall be deducted from the Contractor's payment.
Administrative Building
Item 1a: Services Done Three Days Per Week (Sunday, Tuesday, Thursday) or as specified.
(1) Wastebaskets shall be emptied, washed as necessary, and lined with garbage bags. Wastepaper and trash shall be deposited in designated containers. The blue paper recycle wastebaskets in the work areas shall be emptied once a week. Recycling paper and cardboard shall be placed in the appropriate bin outside of the office. If the exterior bin is not available, paper and cardboard shall be removed from the facility and delivered to a recycling business.
(2) Floors shall be vacuumed or swept clean and damp-mopped to remove dirt. Carpets and carpet runners shall be thoroughly vacuumed to remove all dust, dust balls, dirt, and other debris. Carpet stains or spots shall be removed by the dry cleaning or dry suds method. All tile and linoleum shall be damp mopped to remove dirt that remains after sweeping or vacuuming. All vinyl mop boards shall be damp mopped as needed. All kitchen and restroom floors shall be swept clean, free of marks, and damp mopped.
(3) All exposed surfaces of bookcases, tables, counter tops, desks, file cabinets, chairs, furniture and windowsills shall be dust-free. Walls, woodwork, and glass surfaces shall be free of smudges and finger marks. All counter, ledge, display surfaces and wall corners shall be kept clean and free of dust and cobwebs. Business machines, terminals, consoles, plotting boards and equipment of similar nature shall not be dusted.
(4) Toilet bowls and urinals shall be kept clean, free of marks, and disinfected. All stains shall be removed including residue, rust, water deposits, and water rings.
(5) Sinks surfaces shall be cleaned of all grease, soap film and dirt. Chrome-plated hardware shall be damp-wiped and polished dry. Abrasive cleaners shall not be used on chromium trim.
(6) Bathroom fixtures & surfaces including walls, doors, stalls, toilet paper dispensers, towel dispensers, and other fixtures shall be kept clean, disinfected, and free of water spots, marks and residue. Abrasive cleaners shall not be used. Mirrors to be kept clean, dry, and free of streaks and residue.
(7) Supplies of toilet paper, paper towels, and liquid soap shall be maintained in the restrooms.
(8) Drinking fountains and bottle filling stations shall be cleaned and disinfected.
(9) Cobwebs at all levels shall be removed.
(10) Front and rear steps shall be swept, including 2 sets of stairs down to the basement outside doors and the front entrance wheelchair ramp and catwalk.
(11) Mats at inside entrances shall be vacuumed. Mats at outside entrances shall be swept clear of all dirt and debris or washed if needed.
(12) Walls, doors, trim, outside of microwave(s) and refrigerator(s) shall be cleaned to remove small areas of dirt, hand smudges, grease stains and friction marks.
(13) Windowpanes of front, side, and rear entryway doors and all adjacent doorway windows inside and outside the building shall be washed, dried, and have a clean, streak free appearance.
Item 1a: Services to be done two times per month for 8 months (depending on weather conditions). (April – November)
| (15) Sweep Conference Room deck and steps |
| 1st and 3rd week of each month. |
This service is not required when snow is present.
Item 1a: Services to be done four times per year.
(16) Vacuum or dust blinds. Damp-wipe walls moldings and window ledges. Work will be completed as follows unless otherwise approved:
2nd Week of January 2nd Week of April 2nd Week of July 2nd Week of October
Wellness Room
Item 1a: Services done 1 time per week. (Sunday)
(17) Wastebaskets shall be emptied, washed as necessary, and lined with garbage bags. Wastepaper and trash shall be deposited in designated containers.
(18) Floors shall be vacuumed clean and damp-mopped to remove dirt.
(19) Showers will be kept clean, disinfected, and free of water spots, marks, and residue.
(20) Toilet bowls and urinals shall be kept clean, free of marks, and disinfected. All stains shall be removed including residue, rust, water deposits, and water rings.
(21) Sinks surfaces shall be cleaned of all grease, soap film and dirt. Chrome-plated hardware shall be damp-wiped and polished dry. Abrasive cleaners shall not be used on chromium trim.
(22) Bathroom fixtures & surfaces including walls, doors, stalls, toilet paper dispensers, towel dispensers, and other fixtures shall be washed with disinfectant cleaner. Abrasive cleaners shall not be used. Mirrors to be cleaned with glass cleaner.
(23) Supplies of toilet paper, paper towels, and liquid soap shall be maintained in the restrooms.
(24) Cobwebs at all levels shall be removed
(25) Stairs down to wellness room will be swept.
Administrative Building & Wellness Room
Item 1b: Services to be done two times per year.
(1b) Administrative Building & Wellness Room - Glass to be cleaned inside and outside of all windows including screens. All interior and exterior surfaces of windows, glass doors and entry way doors shall be cleaned to remove streaks, film stains and mineral deposits. Screens shall be dusted or damp-wiped to remove dirt. Window sashes, sills, woodwork around interior glass and other surroundings shall be thoroughly wiped free of drippings and other watermarks. Work will be completed the following weeks, unless otherwise directed or approved.
2nd week of April and the 2nd week of September
Administrative Building & Wellness Room
Item 1c: Services to be done two times per year.
(1c) Administrative Building & Wellness Room - Wash light fixtures inside and out. All burned out or defective bulbs and fluorescent tubes shall be reported to the COR. Work will be completed the following weeks, unless otherwise directed or approved.
2nd week of April and the 2nd week of September
PERFORMANCE REQUIREMENTS SUMMARY
The contractor service requirements are summarized as performance objectives. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement.
| Task |
| Maximum Error Rate for Each Payment Period |
| Deduction/Remedial Action |
| 1. Cleaning |
| 1 |
| 2% deduction from established monthly rate for the Item being serviced when standards are not met. |
| 2. Security of building and supplies |
| 1 |
| 2% deduction from established monthly rate for the Item being serviced when standards are not met. |
| 3. Replenish Supplies |
| 5 |
| 2% deduction from established monthly rate for the Item being serviced when standards are not met. |
For example, failure to clean the facility more than one time will result in a 2% deduction in payment for the particular Item being cleaned (i.e. Main Office). If the monthly payment for the main office is $300.00 and maximum error rate has been exceeded, the following will be applied: $300 x .02 = $6.00. There will be a $6.00 deduction for each failure.
(vii) Date(s) and Place(s) of Delivery and Acceptance/Location
This contract is to provide custodial/janitorial services within Government-owned facilities for a base plus four option years (base year from June 1, 2021 to May 31, 2022). Option years, if exercised, are from June 1, 2022 to May 31, 2026.
The days of work shall be Monday through Friday, Saturday or Sunday can be substituted for Friday. Work hours shall be between the hours of 6:30 p.m. and 5:00 a.m. except on weekends. Weekend cleaning may be performed at any time during the weekend. Work to be performed outside of these hours must be approved. Provide 48-hour notice to the COR for blind and window cleaning
Location: USDA Forest Service, Swan Lake Ranger Station 200 Ranger Station Road, Bigfork, MT 59911.
(viii) 52.212-1 Instructions to Offerors – Commercial Items (JUN 2020) Addenda to provision 52.212-1:
| 1) | System for Award Management (SAM): Offerors must have an active entity registration in the SAM in order to submit an offer. https://www.sam.gov/SAM/ | |
| 2) | Procurement Technical Assistance Center (PTAC): for questions concerning SAM registration, certifications or assistance with preparing quotes, contact the PTAC office in your area. Services are FREE. Find a PTAC in your state at https://www.aptac-us.org/ | |
| 3) | 52.201-1 Type of Contract (APR 1984) | |
| The Government contemplates award of (1) fixed price contract resulting from this solicitation. | ||
| 4) | 52.237-1 Site Visit (APR 1984) | |
| Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award. | ||
| Interested parties desiring to inspect the work area are asked to make an appointment with Echo Ham (406) 837-7502 at the Swan Lake Ranger Station. | ||
| 5) | SUBMIT THE FOLLOWING AS YOUR QUOTE: | |
| a. | Schedule of Items – pricing completed (page 1) | |
| b. | Business information – completed (page 1) | |
| c. | All provisions filled in as appropriate | |
| d. | Experience Questionnaire | |
| 6) | SUBMISSION METHOD: |
Submit your quote by email to laura.a.bloom@usda.gov ‘RFQ 1284LM21Q0013’ on email subject line. It is the quoters responsibility to verify receipt by this office.
| 7) | SUMISSION RESPONSE DATE: Refer to Block 8 of SF 1449 for the submission date and time. |
| 8) | Invoice Processing Platform (IPP): The Forest Service is utilizing the Invoice Processing Platform (IPP) for the electronic submission and tracking of contracts/purchase orders, invoices, and payment information. IPP is a secure Government-wide, Web-based invoice processing service. Visit https://www.ipp.gov/ to learn more. Upon award of a contract, Contractors will be enrolled automatically. Contractor will subsequently receive electronic notification from IPP of enrollment. IPP password will be delivered electronically to allow first login to IPP. Contractors shall submit all invoices electronically via IPP. Paper copies of invoices will no longer be accepted. Work will be performed and invoiced on a monthly basis in arrears. |
(End of provision)
(ix) 52.212-2 Evaluation – Commercial Items (OCT 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
Price Experience Past Performance Experience and past performance, when combined, are equal when compared to price.
(b) 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) 52.212-3 Offeror Representations and Certifications-Commercial Items (FEB 2021) (DEVIATION JUL 2020) If Offeror Representations and Certifications are not complete in SAM the offeror shall submit a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items, with your offer. The full provision is available from http://www.acquisition.gov/far/.
If Offeror Representations and Certifications are complete in SAM, the offeror shall complete the following:
(b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.
[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any. Write “None” if there are no changes needed to your online reps and certs.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.] (End of provision)
(xi) 52.212-4 Contract Terms and Conditions – Commercial Items (OCT 2018)
Addenda to 52.212-4: Replace paragraph (r) of clause 52.212-4 with the following as specified in DEVIATION 2017-1 (AUG 2017)
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C chapter 21 relating to procurement integrity.
(End of clause)
(xii) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (JAN 2021) (DEVIATION JUL 2020)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
| (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). |
| (2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91). |
| (3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232). |
| (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015). |
| (5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). |
| (6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)). |
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
| __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUNE 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). | |
| __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509)). | |
| __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) | |
| __ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note). | |
| __ (5) [Reserved]. | |
| __ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C). | |
| __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C). | |
| __ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note). | |
| __ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313). | |
| __ (10) [Reserved]. | |
| __ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a). | |
| __ (ii) Alternate I (MAR 2020) of 52.219-3. | |
| __ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). | |
| __ (ii) Alternate I (MAR 2020) of 52.219-4. | |
| __ (13) [Reserved] | |
| |X| (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644). | |
| __ (ii) Alternate I (MAR 2020) of 52.219-6. | |
| __ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644). | |
| __ (ii) Alternate I (MAR 2020) of 52.219-7. | |
| __ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)). | |
| __ (17) (i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)). | |
| __ (ii) Alternate I (NOV 2016) of 52.219-9. | |
| __ (iii) Alternate II (NOV 2016) of 52.219-9. | |
| __ (iv) Alternate III (JUN 2020) of 52.219-9. | |
| __ (v) Alternate IV (JUN 2020) of 52.219-9 | |
| __ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)). | |
| __ (ii) Alternate I (MAR 2020) of 52.219-13. | |
| __ (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)). | |
| __ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)). | |
| __ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f). | |
| |X| (22) (i) 52.219-28, Post Award Small Business Program Representation (NOV 2020) (15 U.S.C. 632(a)(2)). | |
| __ (ii) Alternate I (MAR 2020) of 52.219-28. | |
| __ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (MAR 2020) (15 U.S.C. 637(m)). | |
| __ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)). | |
| __ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)). | |
| __ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15U.S.C. 637(a)(17)). | |
| |X| (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755). | |
| |X| (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN2020) (E.O.13126). | |
| |X| (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015). | |
| |X| (30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246). | |
| __ (ii) Alternate I (FEB 1999) of 52.222-26. | |
| __ (31) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). | |
| __ (ii) Alternate I (JUL 2014) of 52.222-35. | |
| |X| (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). | |
| __ (ii) Alternate I (JUL 2014) of 52.222-36. | |
| __ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). | |
| |X| (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). | |
| |X| (35) (i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627). | |
| __ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). | |
| __ (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) | |
| __ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) | |
| __ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) | |
| __ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693). | |
| __ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693). | |
| __ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514). | |
| __ (ii) Alternate I (OCT 2015) of 52.223-13. | |
| __ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514). | |
| __ (ii) Alternate I (Jun2014) of 52.223-14. | |
| __ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b). | |
| __ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514). | |
| __ (ii) Alternate I (JUN 2014) of 52.223-16. | |
| |X| (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513). | |
| __ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693). | |
| __ (46) 52.223-21, Foams (Jun2016) (E.O. 13693). | |
| __ (47) (i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a). | |
| __ (ii) Alternate I (JAN 2017) of 52.224-3. | |
| __ (48) 52.225-1, Buy American-Supplies (JAN2021) (41 U.S.C. chapter 83). | |
| __ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (JAN 2021) |
(DEVIATION JUL 2020) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I (May 2014) of 52.225-3.
__ (iii) (ii) Alternate II (May 2014) (DEVIATION JUL 2020) of 52.225-3.
__ (iv) (iii) Alternate III (May 2014) of 52.225-3.
| __ (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). | |
| |X| (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). | |
| __ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note). | |
| __ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150). | |
| __ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150). | |
| __ (55) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020). | |
| __ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). | |
| __ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). | |
| |X| (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) (31 U.S.C. 3332). | |
| __ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). | |
| __ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). | |
| __ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a). | |
| __ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)). | |
| __ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). | |
| __ (ii) Alternate I (APR 2003) of 52.247-64. | |
| __ (iii) Alternate II (FEB 2006) of 52.247-64. |
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
| |X| (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter67). |
| |X| (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). |
In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.
This Statement is for Information Only: It is not a Wage Determination
| Employee Class |
| Monetary Wage-Fringe Benefits |
| 11150 |
| WG-2 $14.60/hr |
| __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67). |
| __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67). |
| __ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). |
| __ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67). |
| |X| (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020). |
| |X| (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). |
| __ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). |
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
| (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract. | |||
| (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. | |||
| (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. | |||
| (e) | (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- | ||
| (i) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509). | |||
| (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). | |||
| (iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91). | |||
| (iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232). | |||
| (v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. | |||
| (vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015). | |||
| (vii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246). | |||
| (viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). | |||
| (ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). | |||
| (x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). | |||
| (xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. | |||
| (xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67). | |||
| (xiii) | (A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O 13627). | ||
| (B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). | |||
| (xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67). | |||
| (xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67). | |||
| (xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989). | |||
| (xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020). | |||
| (xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). | |||
| (xix) | (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). | ||
| (B) Alternate I (JAN 2017) of 52.224-3. | |||
| (xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). | |||
| (xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. | |||
| (xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. | |||
| (2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. |
(End of clause)
(xiii) Additional Requirements/Terms and Conditions:
Clauses:
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) Clauses:
https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses:
https://www.acquisition.gov/agar (AGAR clauses begin with 452) Deviations to clauses may be viewed at: https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm
52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)
52.204-13 System for Award Management Maintenance (OCT 2018)
52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)
52.204-21 Basic Safeguarding of Covered Contractor Information Systems (JUN 2016)
(a) Definitions. As used in this clause– “Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.
“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.
“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).
“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).
“Safeguarding” means measures or controls that are prescribed to protect information systems.
(b) Safeguarding requirements and procedures.
(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:
(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).
(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.
(iii) Verify and control/limit connections to and use of external information systems.
(iv) Control information posted or processed on publicly accessible information systems.
(v) Identify information system users, processes acting on behalf of users, or devices.
(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.
(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.
(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.
(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.
(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.
(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.
(xii) Identify, report, and correct information and information system flaws in a timely manner.
(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.
(xiv) Update malicious code protection mechanisms when new releases are available.
(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.
(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.
(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.
(End of clause) 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)
(a) Definitions. As used in this clause— Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).
Covered foreign country means The People’s Republic of China.
Covered telecommunications equipment or services means–
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or…
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