1284LM23Q0096.docx

Solicitation Number: 1284LM23Q0096

(v) Schedule of Items/Price Schedule ITEM 0001: Pintler District Office

BASE YEAR – Oct. 1, 2023, through Sept. 30, 2024

Pinter District Office Elevator Type: Hydraulic (Services Performed Quarterly)

OPTION YEAR 1 – Oct. 1, 2024, through Sept. 30, 2025

Pinter District Office Elevator Type: Hydraulic (Services Performed Quarterly)

OPTION YEAR 2 – Oct. 1, 2025, through Sept. 30, 2026

Pinter District Office Elevator Type: Hydraulic (Services Performed Quarterly)

OPTION YEAR 3 – Oct. 1, 2026, through Sept. 30, 2027

Pinter District Office Elevator Type: Hydraulic (Services Performed Quarterly)

OPTION YEAR 4 – Oct. 1, 2027, through Sept. 30, 2028

Pinter District Office Elevator Type: Hydraulic (Services Performed Quarterly)

TOTAL Item 0001 (ALL ITEMS): $____________________

ITEM 0002: Lewis & Clark Interpretive Center

BASE YEAR – Oct. 1, 2023, through Sept. 30, 2024

Lewis and Clark Interpretive Center Elevator Type: Hydraulic (Services Performed Quarterly)

Lewis and Clark Interpretive Center Elevator Type: Hydraulic (Services Performed Quarterly)

OPTION YEAR 1 – Oct. 1, 2024, through Sept. 30, 2025

Lewis and Clark Interpretive Center Elevator Type: Hydraulic (Services Performed Quarterly)

Lewis and Clark Interpretive Center Elevator Type: Hydraulic (Services Performed Quarterly)

OPTION YEAR 2 – Oct. 1, 2025, through Sept. 30, 2026

Lewis and Clark Interpretive Center Elevator Type: Hydraulic (Services Performed Quarterly)

Lewis and Clark Interpretive Center Elevator Type: Hydraulic (Services Performed Quarterly)

OPTION YEAR 3 – Oct. 1, 2026, through Sept. 30, 2027

Lewis and Clark Interpretive Center Elevator Type: Hydraulic (Services Performed Quarterly)

Lewis and Clark Interpretive Center Elevator Type: Hydraulic (Services Performed Quarterly)

OPTION YEAR 4 – Oct. 1, 2027, through Sept. 30, 2028

Lewis and Clark Interpretive Center Elevator Type: Hydraulic (Services Performed Quarterly)

Lewis and Clark Interpretive Center Elevator Type: Hydraulic (Services Performed Quarterly)

TOTAL Item 0002 (ALL ITEMS): $____________________

ITEM 0003: Building 26-Regional Office

BASE YEAR – Oct. 1, 2023, through Sept. 30, 2024

Building 26 Elevator Type: Traction (Services Performed Quarterly)

Building 26 Elevator Type: Platform (Services Performed Quarterly)

OPTION YEAR 1 – Oct. 1, 2024, through Sept. 30, 2025

Building 26 Elevator Type: Traction (Services Performed Quarterly)

Building 26 Elevator Type: Platform (Services Performed Quarterly)

OPTION YEAR 2 – Oct. 1, 2025, through Sept. 30, 2026

Building 26 Elevator Type: Traction (Services Performed Quarterly)

Building 26 Elevator Type: Platform (Services Performed Quarterly)

OPTION YEAR 3 – Oct. 1, 2026, through Sept. 30, 2027

Building 26 Elevator Type: Traction (Services Performed Quarterly)

Building 26 Elevator Type: Platform (Services Performed Quarterly)

OPTION YEAR 4 – Oct. 1, 2027, through Sept. 30, 2028

Building 26 Elevator Type: Traction (Services Performed Quarterly)

Building 26 Elevator Type: Platform (Services Performed Quarterly)

TOTAL Item 0003 (ALL ITEMS): $____________________

ITEM 0004: Building 24-Lolo Supervisor’s Office

BASE YEAR – Oct. 1, 2023, through Sept. 30, 2024

Building 24-Supervisors Office Elevator Type: Hydraulic (Services Performed Quarterly)

OPTION YEAR 1 – Oct. 1, 2024, through Sept. 30, 2025

Building 24-Supervisors Office Elevator Type: Hydraulic (Services Performed Quarterly)

OPTION YEAR 2 – Oct. 1, 2025, through Sept. 30, 2026

Building 24-Supervisors Office Elevator Type: Hydraulic (Services Performed Quarterly)

OPTION YEAR 3 – Oct. 1, 2026, through Sept. 30, 2027

Building 24-Supervisors Office Elevator Type: Hydraulic (Services Performed Quarterly)

OPTION YEAR 4 – Oct. 1, 2027, through Sept. 30, 2028

Building 24-Supervisors Office Elevator Type: Hydraulic (Services Performed Quarterly)

TOTAL Item 0004 (ALL ITEMS): $____________________

ITEM 0005: MTDC Office and NRCC

BASE YEAR – Oct. 1, 2023, through Sept. 30, 2024

MTDC Office Elevator Type: Hydraulic (Services Performed Quarterly)

NRCC

Elevator Type: Hydraulic (Services Performed Quarterly)

OPTION YEAR 1 – Oct. 1, 2024, through Sept. 30, 2025

MTDC Office Elevator Type: Hydraulic (Services Performed Quarterly)

NRCC

Elevator Type: Hydraulic (Services Performed Quarterly)

OPTION YEAR 2 – Oct. 1, 2025, through Sept. 30, 2026

MTDC Office Elevator Type: Hydraulic (Services Performed Quarterly)

NRCC

Elevator Type: Hydraulic (Services Performed Quarterly)

OPTION YEAR 3 – Oct. 1, 2026, through Sept. 30, 2027

MTDC Office Elevator Type: Hydraulic (Services Performed Quarterly)

NRCC

Elevator Type: Hydraulic (Services Performed Quarterly)

OPTION YEAR 4 – Oct. 1, 2027, through Sept. 30, 2028

MTDC Office Elevator Type: Hydraulic (Services Performed Quarterly)

NRCC

Elevator Type: Hydraulic (Services Performed Quarterly)

TOTAL Item 0005 (ALL ITEMS): $____________________

ITEM 0006: Beartooth Ranger District Office

BASE YEAR – Oct. 1, 2023, through Sept. 30, 2024

Beartooth Ranger District Office Elevator Type: Platform Lift (Services Performed Biannually)

OPTION YEAR 1 – Oct. 1, 2024, through Sept. 30, 2025

Beartooth Ranger District Office Elevator Type: Platform Lift (Services Performed Biannually)

OPTION YEAR 2 – Oct. 1, 2025, through Sept. 30, 2026

Beartooth Ranger District Office Elevator Type: Platform Lift (Services Performed Biannually)

OPTION YEAR 3 – Oct. 1, 2026, through Sept. 30, 2027

Beartooth Ranger District Office Elevator Type: Platform Lift (Services Performed Biannually)

OPTION YEAR 4 – Oct. 1, 2027, through Sept. 30, 2028

Beartooth Ranger District Office Elevator Type: Platform Lift (Services Performed Biannually)

TOTAL Item 0006 (ALL ITEMS): $____________________

ITEM 0007: Swan Lake Ranger District Office

BASE YEAR – Oct. 1, 2023, through Sept. 30, 2024

Swan Lake R.D. Office Elevator Type: Hydraulic (Services Performed Quarterly)

OPTION YEAR 1 – Oct. 1, 2024, through Sept. 30, 2025

Swan Lake R.D. Office Elevator Type: Hydraulic (Services Performed Quarterly)

OPTION YEAR 2 – Oct. 1, 2025, through Sept. 30, 2026

Swan Lake R.D. Office Elevator Type: Hydraulic (Services Performed Quarterly)

OPTION YEAR 3 – Oct. 1, 2026, through Sept. 30, 2027

Swan Lake R.D. Office Elevator Type: Hydraulic (Services Performed Quarterly)

OPTION YEAR 4 – Oct. 1, 2027, through Sept. 30, 2028

Swan Lake R.D. Office Elevator Type: Hydraulic (Services Performed Quarterly)

TOTAL Item 0007 (ALL ITEMS): $____________________

ITEM 0008: Three Rivers Ranger District Office, Bldg. #2009

BASE YEAR – Oct. 1, 2023, through Sept. 30, 2024

Three Rivers R.D., Building 2009 Elevator Type: Platform Lift (Services Performed Biannually)

OPTION YEAR 1 – Oct. 1, 2024, through Sept. 30, 2025

Three Rivers R.D., Building 2009 Elevator Type: Platform Lift (Services Performed Biannually)

OPTION YEAR 2 – Oct. 1, 2025, through Sept. 30, 2026

Three Rivers R.D., Building 2009 Elevator Type: Platform Lift (Services Performed Biannually)

OPTION YEAR 3 – Oct. 1, 2026, through Sept. 30, 2027

Three Rivers R.D., Building 2009 Elevator Type: Platform Lift (Services Performed Biannually)

OPTION YEAR 4 – Oct. 1, 2027, through Sept. 30, 2028

Three Rivers R.D., Building 2009 Elevator Type: Platform Lift (Services Performed Biannually)

TOTAL Item 0008 (ALL ITEMS): $____________________

ITEM 0009: Kamiah Supervisors Office Bldg. #2017

BASE YEAR – Oct. 1, 2023, through Sept. 30, 2024

NPCNF Building 2017 Elevator Type: Hydraulic (Services Performed Biannually)

OPTION YEAR 1 – Oct. 1, 2024, through Sept. 30, 2025

NPCNF Building 2017 Elevator Type: Hydraulic (Services Performed Biannually)

OPTION YEAR 2 – Oct. 1, 2025, through Sept. 30, 2026

NPCNF Building 2017 Elevator Type: Hydraulic (Services Performed Biannually)

OPTION YEAR 3 – Oct. 1, 2026, through Sept. 30, 2027

NPCNF Building 2017 Elevator Type: Hydraulic (Services Performed Biannually)

OPTION YEAR 4 – Oct. 1, 2027, through Sept. 30, 2028

NPCNF Building 2017 Elevator Type: Hydraulic (Services Performed Biannually)

TOTAL Item 0009 (ALL ITEMS): $____________________

ITEM 0010: Fernan Office

BASE YEAR – Oct. 1, 2023, through Sept. 30, 2024

Fernan Office Elevator Type: Hydraulic (Services Performed Quarterly)

OPTION YEAR 1 – Oct. 1, 2024, through Sept. 30, 2025

Fernan Office Elevator Type: Hydraulic (Services Performed Quarterly)

OPTION YEAR 2 – Oct. 1, 2025, through Sept. 30, 2026

Fernan Office Elevator Type: Hydraulic (Services Performed Quarterly)

OPTION YEAR 3 – Oct. 1, 2026, through Sept. 30, 2027

Fernan Office Elevator Type: Hydraulic (Services Performed Quarterly)

OPTION YEAR 4 – Oct. 1, 2027, through Sept. 30, 2028

Fernan Office Elevator Type: Hydraulic (Services Performed Quarterly)

TOTAL Item 0010 (ALL ITEMS): $____________________ Unit: EA – Each

Schedule Notes:

a) Award anticipated to be a single, Firm-Fixed-Priced contract. Offeror shall submit fully burdened pricing for all items, optional items, and each option year to be considered for award.

b) Items listed as optional, or option years are not required to be exercised by the Government. If they are exercised, the Contractor shall perform the services as outlined in the terms and conditions of the resultant contract.

(vi) Description of Requirement (including a list of any attachments) Attachment 1: Applicable Wage Determinations Std and NonStd.pdf (standard and nonstandard)

1.0 BACKGROUND

The USDA Forest Service for Region 1 (Idaho and Montana area) requires elevator inspection and maintenance services for elevators located at multiple locations.

2.0 SCOPE

The Contractor shall provide complete elevator inspections and preventative maintenance services for the USDA Forest Service, Region 1 at the locations listed in this requirement. The Contractor shall provide all necessary labor, supervision, materials, parts, insurance, and required state and federal certifications to accomplish the following, using trained employees, directly employed, supervised and scheduled by the Contractor, inspect, lubricate, adjust and as conditions dictate, repair or replace minor parts as necessary.

The Contractor will visit the Units described above to examine, maintain, adjust and lubricate the equipment as necessary to promote the proper operation of those units and will make minor repairs or replace any covered components if the repair or replacement is, in the Contractors best practice and opinion, necessitated by normal wear and tear or is not otherwise excluded by this contract (“Service Visits”).

Contractor will examine and perform preventative maintenance on covered parts and components of the Unit(s) including, but not limited to:

· Control and landing positioning systems;

· Signal fixtures;

· Machines, Drives, Power units, pumps, valves, and above-ground jacks;

· Car and hoistway door operating devices and door protection equipment;

· Loadweighers; and

· Safety mechanisms in order to ensure optimum operation.

The Contractor shall also:

· Lubricate covered parts and components for smooth and efficient performance; and

· Adjust covered parts and components to promote safe operation.

For minor repairs, it shall be the contractor’s responsibility to supply all parts, materials and labor to accomplish said minor repairs to the elevators. Minor repairs shall include, but are not limited to, tightening, cleaning and adjustment of controls, timers, sequences, seals, bearings, etc., the replacement of small parts and/or misc. supplies such as screws, nuts bolts, wirenuts. Contractor shall also supply misc. wire rags, oil, cleaning supplies, and any other supplies that are considered as incidental to minor repair. All repairs shall be completed in a timely manner and noted with a completion date when the repair is finished.

Major repairs are not included in this contract but shall be immediately reported to the COR of record or his/her designee in writing. Examples of major repairs include the complete failure of pumps, motors, or other major units; or the modification of systems in place to better the performance or operation of a specific item.

At the completion of the preventative maintenance or minor repair, the contractor must provide to the COR, or his/her designee, a written description of the work performed, list of parts installed, total labor hours and date completed. These tasks will be reviewed in a quarterly meeting with the COR.

3.0 LOCATION(s)

The contractor shall provide elevator maintenance services for the following locations.

Item 0001 Pintler District Office 88 Business Loop Phillipsburg, MT 59858 Granite County, MT

Item 0002 Lewis and Clark Interpretive Center 4201 Giant Springs Road Great Falls, MT 59405 Cascade County, MT

Item 0003 Region 1 Headquarters 26 Fort Missoula Road Missoula, MT 59804 Missoula County, MT

Item 0004 Lolo National Forest Supervisor’s Office 24 Fort Missoula Road Missoula, MT 59804 Missoula County, MT

Item 0005 MTDC Office and NRCC 5875 W Broadway St.

Missoula, MT 59808 Missoula County, MT

Item 0006 Custer Gallatin National Forests Beartooth Ranger District Office

6811 US-212

Red Lodge, MT 59068 Carbon County, MT

Item 0007 Flathead National Forests Swan Lake Ranger District Office 200 Bigfork Ranger Sta Rd Bigfork, MT 59911 Flathead County, MT

Item 0008 Kootenai National Forests - Three Rivers Ranger District Office 12858 US-2, Bldg. 2009 Troy, MT 59935 Lincoln County, MT

Item 0009 Nez Perce-Clearwater National Forests (NPCNF) Kamiah Supervisors Office 903 3rd Street, Bldg. 2017 Kamiah, ID 83536 Lewis County, ID

Item 0010 Fernan Office 2502 E Sherman Ave Coeur d’Alene, ID 83815 Kootenai County, ID

4.0 SERVICE REQUESTS

This contract also includes the dispatch of technicians to address minor adjustments to, and the release of any entrapped passengers from, a Unit during Regular Time (“Service Requests”). Service Requests may be made from one or more of the following: Contracting Officer, (CO), Contracting Officers Representative (COR), or Government Technical Monitor (GTM), the building or building's representative, emergency personnel, and/or passengers through the Unit’s communication device and/or from any applicable remote monitoring device attached to the Unit if monitored by the contractor.

The Contractor will respond to Service Requests during Operating Hours (“Regular Time”), as specified in section 7.0, at no additional charge. Overtime Service Requests are those Service Requests performed in whole or in part before or after Operating Hours (“Overtime Service Requests”). On all Overtime Service Requests, Contractor will be responsible for all labor costs including travel time, travel expenses, and time spent on the job. Such costs will be invoiced at standard Overtime billing rates.

This contract includes only the following tests:

Five-year test for each elevator in the base year, if applicable (optional item). If the elevator has already had a five-year test recently, optional item may or may not be exercised. Starting in the first option year, one quarterly visit will include an annual safety test as required by any applicable law and/or code.

Should the Unit(s) require any safety tests as mandated by any applicable law and/or code on the commencement date of this contract, the Contractor assumes no responsibility for the day-to-day operation of the governor or safeties on applicable traction elevators, or the hydraulic system on applicable hydraulic elevators under the terms of this Agreement until the test has been completed and the Unit has passed. Should the respective Unit fail any of those tests, it shall be the Governments responsibility to make necessary repairs and place the Units in a condition that we deem acceptable for further coverage under the terms of the contract resulting from this solicitation.

5.0 CONTRACTOR QUALITY CONTROL PLAN (QCP)

5.1 The Contractor shall institute and maintain a complete quality-control program to ensure that the requirements of this contract are provided, as specified. The overall goal of the program should be to identify and correct any problems that may exist before they are identified by or reported to the COR and/or the building-management staff. As a minimum, the program shall include:

5.1.1 An inspection system covering all the services required with a comprehensive checklist to be used to inspect contract performance during scheduled and unscheduled inspections, and the name(s) of the individuals who will be performing the inspections.

5.1.2 A system for identifying and correcting deficiencies and/or a pattern of deficiencies in the quality or quantity of services provided before the level of performance becomes unacceptable and/or Government inspectors point out the deficiencies.

5.1.3 A file of all inspections conducted by the Contractor and corrective actions taken. This should include follow-up inspections to ensure that corrective action was appropriate, complete, and timely. This documentation shall be organized in a logical manner, kept current, and made available to the COR and the Contracting Officer during the term of the contract.

5.1.4. Not later than 30 days prior to contract start date, the contractor shall establish procedures to ensure on call personnel shall report for duty within 60 minutes of notification. The Contractor shall furnish the COTR an on-call contact listing. This listing shall be updated to ensure personnel are available continuously throughout the contract period.

6.0 GOVERNMENT QUALITY ASSURANCE

6.1 The Government shall evaluate the contractor's performance under this contract. All surveillance observations shall be recorded by the Government. When an observation indicates defective performance, the COR shall request the contractor's representative initial the observation.

6.2 Government verification inspections of services shall not constitute acceptance, nor replace the contractor inspection or in any way relieve the contractor of any responsibility to take all actions necessary to assure highest quality of service rendered.

6.3 The contractor may be required to meet at least weekly with the COR during the first month of the contract. Meetings shall be as often as necessary thereafter as determined by the COR.

6.4. The contractor shall maintain a current listing of employees. The list shall include employee’s name, social security number, and level of security clearance. The list shall be validated and signed by the Contractor and provided to the COR. Updated listings shall be provided when an employee’s status or information changes.

7.0 OPERATING HOURS

7.1 Operating Hours shall meet mission requirements.

7.3 Service Visits, Inspection, and/or normal Maintenance will be performed during the facility operating hours, Monday through Friday, 8:00 AM to 4:30 PM, except during scheduled holidays (“Regular Time”). All work performed before or after operating hours shall be considered overtime (“Overtime”).

7.3. Recognized Holidays. Except for work categorized as emergency, the contractor is not required to provide all services on the federal holidays.

NOTE: Any of the above holidays falling on a Saturday or Sunday shall be observed on the date designated by the Federal Government.

7.4 Upon notification by the COR to the contractor, the contractor may be requested to provide services to support weekend/holiday training schedule.

8.0 SAFETY AND ACCIDENT PREVENTION:

8.1. The contractor shall formulate and submit, within 30 days after the conditional contract award date, a written safety and health plan for acceptance by the Government. The written plan shall include the details of the contractor's safety organization, responsibilities, method of program implementation, and how hazards and deficiencies shall be identified and corrected. It shall detail employee's responsibilities for: protection of Government property and safety of others, employee's responsibilities for reporting all mishaps, and establish procedures for reporting or correcting unsafe conditions, hazards, or practices. The plan shall also contain mishap notification and reporting procedures. The contractor shall have a central POC for safety and health related issues. The POC shall be identified in writing to the COR.

8.2. The contractor shall ensure employees have safety education when engaged in activities involving Government facilities, personnel, or equipment.

8.3 The contractor shall immediately notify COR of all accidents/incidents involving employee use of and/or damage/injury to facilities, equipment, or personnel.

8.4 The contractor shall require their personnel to wear safety shoes/boots IAW OSHA standards.

8.5 The contractor shall provide all required personal protection equipment, e.g., respirators, hearing protection, eye protection, gloves, steel-toed boots, aprons, masks, face shields, reflective vests, etc. IAW OSHA standards.

9.0 ENVIRONMENTAL REQUIREMENTS

9.1 The contractor shall comply with all federal, state, and local environmental laws, policies and regulations to include but not limited to Resource Conservation and Recovery Act (RCRA), Safe Water Drinking Act (SWDA), the Clean Air Act (CAA), and Federal Facilities Compliance Act (FFCA).

9.2 The use, handling, storage, and disposal of all toxic, hazardous, special or radiological wastes/materials shall be IAW all local, state, federal, and environmental regulations and procedures.

9.3 The contractor shall provide a complete environmental plan to assure compliance with all environmental statutes and regulations. One copy of the plan shall be provided to the CO and COR at the pre-performance conference and as required if/when changes occur.

(vii) Date(s) and Place(s) of Delivery and Acceptance/Location See Section (v), 3.0 Locations

(viii) 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (MAR 2023) (Provision) Addenda to Provision 52.212-1 paragraph (b) Submission of Offers:

1) Offerors must have an active entity registration in the System for Award Management in order to submit an offer. www.sam.gov

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

b) Price Proposal – Include the following: 1) the completed Schedule of Items from Section (v) of this solicitation, and 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 52.204-24 and 52.212-3, found in paragraph (x) of this solicitation and include a copy with your offer.

3) Submit offer by email to joanne.meiers@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.

4) Address questions about this solicitation to joanne.meiers@usda.gov.

(ix) 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:

Technical Capability Past Performance Price Technical and past performance, when combined, are more important than price.

(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).

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

VENDOR NAME: _____________________________________________

VENDOR UEI: _____________________________________________

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 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial 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 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It ☐ will, ☐ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

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

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

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

(2) Disclosure for the representation in paragraph (d)(2) of this provision. 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.

52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (DEC 2022) (DEVIATION DEC 2022) (DEVIATION NOV 2022) (Provision) [If Offeror Representations and Certifications are not complete in SAM the offeror shall submit a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial 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.

DEVIATION NOV 2022] Offerors that are representing as joint ventures should submit their socio-economic status in the space provided above until such time that SAM.gov has been updated to include the joint venture representations contained within provision 52.212-3 paragraph (c).

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(xi) 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (DEC 2022) (DEVIATION 2017-1)

(xii) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders– Commercial Products and Commercial Services (JUN 2023) (DEVIATION 2017-1, DEVIATION DEC 2022)

(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) 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 (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C.3903 and 10 U.S.C. 3801)

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

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805note)).

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

[Contracting Officer check as appropriate.] ☒ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

☐ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (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) 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Jun 2020) (DEVIATION 2017-1) (Whistleblower Guidance to Contractor Employees) ☒ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

☐ (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) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

☒ (9) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101note).

☐ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

☐ (11) [Reserved].

☐ (12) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C.657a).

☒ (13) (i) 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).

☐ (14) [Reserved] ☐ (15) (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.

☐ (16) (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.

☒ (17) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C. 637(d)(2) and (3)).(DEVIATION DEC 2022) ☐ (18) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) (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 (Sep 2021) of 52.219-9.

☐ (19) (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 ☐ (20) 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.

☐ (21) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

☐ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) (15 U.S.C. 657f).

☒ (23) (i) 52.219-28, Post Award Small Business Program Re-representation (MAR 2023) (15 U.S.C. 632(a)(2)).

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

☐ (24) 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)).

☐ (25) 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)).

☐ (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

☐ (27) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).

☒ (28) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

☒ (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126).

☒ (30) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

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

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

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

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

☒ (33) (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.

☒ (34) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

☒ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

☒ (36) (i) 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. chapter78 and E.O. 13627).

☐ (37) 52.222-54, Employment Eligibility Verification (May 2022). (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.)

☐ (38) (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.)

☐ (39) 52.223-11, Ozone-Depleting Substances…