RFQ Airboat Rental_12FPC24Q0040 Amend 0003.pdf

United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS)

Airboat Rental and Operator Services Louisiana

RFQ: 12FPC124Q0040

Amendment 0003

FOR SOLICITATION INFORMATION: Brantt Lindsey Contracting Officer Brantt.Lindsey@usda.gov Phone: 816-610-1191

Julie Gavin Contract Specialist Julie.Gavin@usda.gov Phone: 605-858-6727

QUESTIONS DUE: August 7, 2024

1:00 PM CT

OFFER DUE DATE/LOCAL TIME: August 21, 2024

1:00 PM CT

mailto:Brantt.Lindsey@usda.gov mailto:Julie.Gavin@usda.gov

A Solicitation/Contract Form

A.1 SF 1449 – to be provided upon award

A.2 Department/Agency

A.2.1 United States Department of Agriculture (USDA)

Natural Resources Conservation Service (NRCS)

A.3 Contracting Office

A.3.1 Farm Production and Conservation

A.3.2 Business Center Acquisition Division

A.3.3 Operations Branch – Central Section

A.4 Contracting Officer/ Contract Specialist

A.4.1 Contracting Officer: Brantt Lindsey, email: Brantt.Lindsey@usda.gov, phone: 816-610-1191

A.4.2 Contract Specialist: Julie Gavin, email: Julie.Gavin@usda.gov, phone: 605-858-6727

A.4.3 Contracting Officer is only individual who can legally commit or obligate Government for expenditure of public funds. Only contracting officer has authority to: (1) increase or decrease award amount; (2) direct or negotiate any changes; (3) modify or extend period of performance; (4) change schedule of completion; (5) authorize payment under order; (6) otherwise modify any terms or conditions of this Contract.

A.5 Program Office

A.5.1 Natural Resources Conservation Service (NRCS) Louisiana State Office

A.5.2 Government Point of Contact: Richard Evely, email: Richard.Evely@usda.gov, phone: 337-244-2954

A.5.3 Program office point of contact will act as liaison to coordinate activities between Contractor and Contracting Officer, as required, in performance of work under this agreement. Program office point of contact has authority to provide technical clarification of contract requirements but does not have authority to modify any contract provisions, including, without limitation, changing scope of work, cost/price thereof, or performance delivery schedule(s) therefore. Technical clarification will be issued in writing within 5 (five) calendar days after verbal issuance.

End of Section mailto:Brantt.Lindsey@usda.gov mailto:Richard.Evely@usda.gov

B SF 1449 Services/Supplies and Prices/Costs

B.1 Contract Type

B.1.1 Blanket Purchase Agreement (BPA)

B.1.1.1 USDA may issue multiple BPAs.

B.1.1.2 BPA Calls will be established as Firm Fixed Price Awards based on pricing established in BPA(s).

B.1.2 LINE ITEMS

B.1.2.1 Following is a list of items that may be purchased under orders/calls issued against this Blanket Purchase Agreement (BPA).

Line Item/

Service Period One

(1) 9/1/2024 to 8/31/2025

Period Two (2)

9/1/2025 to 8/31/2026

Period Three (3)

9/1/2026 to 8/31/2027

Period Four (4)

9/1/2027 to 8/31/2028

Period Five (5)

9/1/2028 to 8/31/2029

Airboat Fee (per hour)

Mileage Fee (per mile)

B.1.2.2 Dates listed above are approximate. Exact dates and rates will be provided at award.

B.1.2.3 As a Firm Fixed Price Requirement, pricing within an offeror’s quotation shall reflect cost to provide airboat services (with operator) and are to include but not limited to any fees and Government discounts granted.

B.1.2.4 Airboat services are provided in Statement of Work (Section C).

C Statement of Work

C.1 INTRODUCTION

Natural Resources Conservation Service (NRCS) Louisiana requires airboat rental services.

C.1.1 NRCS mission is committed to “helping people help the land”. Mission is to deliver conservation solutions, so agricultural producers can protect natural resources and feed a growing world. For more information regarding agency and its programs, visit https://www.nrcs.usda.gov/.

C.2 Background

C.2.1 NRCS Louisiana has a requirement to lease airboats with qualified operators for use primarily by NRCS Water Resources Staff, Watershed Construction Offices, and Field Offices to perform field reconnaissance, surveying, construction stakeout and checks, and inspection activities to support coastal restoration activities throughout areas along Louisiana Coast.

C.2.2 Coastal area extends from Texas border to Mississippi border and south of a line extending along Interstate 10 and Interstate 12. Special emphasis during operation of vessels shall be safety of crew and passengers.

C.2.3 Offeror shall possess a working knowledge of Louisiana coastline, including launch and fuel sites.

C.2.4 Period of performance will be for five (5) years.

C.2.5 Below is a table of terms and abbreviations utilized herein.

BPA Blanket Purchase Agreement FPAC Farm Production and Conservation GPS Global Position System IAS Integrated Acquisition System IPP Invoice Processing Platform NRCS Natural Resources Conservation Service PFD Personal Flotation Device(s) SOW Statement of Work SAM System for Award Management USDA United States Department of Agriculture

C.3 Blanket Purchase Agreement (BPA) and BPA Call Instructions

C.3.1 Description of Agreement

C.3.1.1 Vendor shall furnish airboat rental services (with operator), described herein, when requested by Contracting Officer (or authorized representative for Contracting Officer) between a five (5) year period commencing on date of BPA award. Upon expiration date agreement is considered completed and new orders/call shall not be placed.

C.3.2 Extent of Obligation

C.3.2.1 Government is obligated only to extent of authorized order/calls made under this BPA and vendor https://www.nrcs.usda.gov/ is not guaranteed any orders/calls under this BPA.

C.3.3 Purchase Limitation

C.3.3.1 Dollar limitation for each individual order/call issued under this BPA is $50,000.00.

C.3.3.2 BPA ceiling over five (5) year performance period is $300,002.00.

C.3.3.3 No order by an authorized purchase cardholder may exceed applicable Government Purchase Cardholder (GPC) use thresholds.

C.3.4 Individuals Authorized to Purchase Under This BPA

C.3.4.1 BPA Calls may be placed against this BPA by any properly warranted FPAC Contracting Officer or Authorized Government Purchase Card Holder for USDA.

C.3.4.2 Each individual BPA Call will have a unique airboat rental requirement to be specified on call.

C.3.5 Daily Work Tickets

C.3.5.1 Contractor shall provide the Government Point of Contact their completed daily work tickets within ten (10) business of services rendered.

C.3.5.2 Consolidated daily work tickets/invoice shall be combined by BPA call/order as noted in C.3.6.

C.3.5.3 Daily work tickets and shall contain following minimum information:

C.3.5.3.1 Business name;

C.3.5.3.2 Date;

C.3.5.3.3 Location/Job worked;

C.3.5.3.4 BPA Call/Order #;

C.3.5.3.5 Number of hours worked;

C.3.5.3.6 Miles traveled to and from work site;

C.3.5.3.7 Statement of insurance currently held (section 4.9.1 to 4.9.5);

C.3.5.3.8 NRCS Team Leader name; and C.3.5.3.9 Operator’s name and signature.

C.3.6 Consolidated Work Tickets

C.3.6.1 Consolidated work tickets/invoice shall be provided to Government Point of Contact prior to submitting invoice in IPP.

C.3.6.2 Contractor shall submit consolidated work tickets/invoice as attachment(s) when invoicing via IPP.

C.3.7 Invoices

C.3.7.1 See Section G.

C.3.8 Ordering Instructions

C.3.8.1 Orders to be performed under this BPA may be placed by an authorized USDA Government purchase cardholder or issuance of a BPA call in Integrated Acquisition System (IAS). Payment may be made via purchase card or electronic funds transfer.

C.4 SCOPE

C.4.1 Vessel Requirements

C.4.1.1 Airboats shall be equipped with proper safety gear and registration as required by Louisiana Department of Wildlife and Fisheries. Any violations of any state and local laws will be sole responsibility of owner.

C.4.2 Personnel and Equipment

C.4.2.1 Personnel on airboats will consist of an operator, NRCS team leader, and up to three (3) additional passengers (NRCS, other federal, state, contractor, or landowner personnel). Except as stated in paragraph C.4.18, equipment will be provided by NRCS and may include Global Positioning System (GPS) survey gear and antennas, survey stakes and poles, range poles, equipment cases, ice chest, water coolers, and other gear as needed to support personnel.

C.4.3 Airboat Operations

C.4.3.1 All airboat systems and components must be specifically designed for fresh to saline environments, and for operating conditions associated with a speed range from idle-speed to high-speed transit across rough terrain or open water. Airboats and qualified operators shall be capable of operating in variable weather conditions ranging from extreme cold to extreme heat including rainfall events and windy conditions.

C.4.4 Operating Conditions

C.4.4.1 Airboats shall be capable of traversing multi-terrain environments including canals, levees, open waters, rough waters, solid marsh, broken marsh, swamps, heavy brush and trees, and areas with minimal to no water present. If soap tanks are used to facilitate movement of airboat in difficult terrain, only biodegradable soaps may be used. No petroleum-based solutions will be permitted.

C.4.5 Operating Hours and Work Schedule

C.4.5.1 A normal workday will be ten (10) hours which could vary within 6:00 a.m. to 6:00 p.m.

depending on schedule established by NRCS. A normal work week will be Monday through Friday and may be continuous or intermittent. Work week may include working on Saturdays and Sundays as needed. Work outside of these hours or days will be on a case-by-case basis. NRCS team leader will make final decision on daily and weekly work schedule.

NRCS will coordinate daily with airboat service for possible cancellation of that day's service based on weather conditions or other workload obligations. If NRCS cancels daily service prior to airboat’s departure from homebase, no cost will be incurred by NRCS. If NRCS cancels daily service once all parties have arrived at scheduled work site location, NRCS will pay a maximum of one-half day’s service, plus applicable mileage reimbursement and any applicable previously approved per diem.

C.4.6 Federal Holidays are as follows:

C.4.6.1 New Year’s Day (January 1st) C.4.6.2 Martin Luther King Day (Third Monday in January) C.4.6.3 President’s Day (Third Monday in February) C.4.6.4 Memorial Day (Last Monday in May) C.4.6.5 Juneteenth (June 19th) C.4.6.6 Independence Day (July 4th)

C.4.6.7 Labor Day (First Monday in September) C.4.6.8 Columbus Day (Second Monday in October) C.4.6.9 Veterans Day (November 11th) C.4.6.10 Thanksgiving Day (Fourth Thursday in November) C.4.6.11 Christmas Day (December 25th) C.4.7 Equipment Breakdowns

C.4.7.1 In event of equipment breakdowns or should equipment become inoperable during performance, contractor shall provide for replacement equipment immediately. If equipment breakdown occurs prior to work being initiated at location requested by NRCS, there will be no charge to NRCS for re-mobilization of replacement equipment to site. In this instance, payment will be prorated based on number of work hours completed by NRCS. If equipment breakdown occurs once work has commenced by NRCS, then payment will be prorated based on number of work hours completed by NRCS. In any event, contractor shall ensure that all NRCS personnel are returned to launch for safe return home.

C.4.8 Fuel Capacity

C.4.8.1 Airboats shall have a sufficient fuel capacity for a 10-hour minimum workday with a means to provide additional fuel if needed. Rough terrain, load, and running conditions will determine fuel consumption. Boats shall arrive at beginning of day with a full load of fuel for anticipated day's operations.

C.4.9 Insurance

Insurance coverage specified shall be furnished with following minimum limits:

C.4.9.1 Compensation Insurance

Contractor and subcontractor shall provide and maintain workers’ compensation insurance for employees employed at project site during life of contract. Coverage provided must meet requirements of labor code of State of Louisiana. In case any class of employees is engaged in hazardous work under workers’ compensation statute, contractor and subcontractor shall provide employers’ liability insurance for protection of employees not otherwise protected.

Employers’ liability limit shall be a minimum of $1,000,000 when work is over water and involves maritime exposure.

C.4.9.2 Public Liability and Property Damage Insurance

Contractor and subcontractor shall provide and maintain Commercial General Liability Insurance, including but not limited to bodily injury, property damage, contractual liability, products liability, completed operations and owners’ protection liability with combined single limits of $2,000,000 minimum per occurrence.

C.4.9.3 Licensed Motor Vehicles

Contractor shall take out and maintain during life of contract, automobile public liability insurance in an amount not less than combined single limits of $1,000,000 per occurrence for bodily injury/property damage. If any non-licensed motor vehicles are engaged in operations within terms of contract on site of work to perform thereunder, such insurance shall cover use of all such motor vehicles.

C.4.9.4 Watercraft Liability

$2,000,000 for watercraft.

C.4.9.5 Additional Insureds

NRCS and, in certain cases, individual landowners, will require that they are included as an additional insured party on airboat owner's insurance, in which case, proof shall be provided to NRCS and individual landowner.

C.4.10 Operator Certifications

C.4.10.1 Operators shall have completed all required state and/or national training to operate airboats within Louisianna. NRCS has authority to request, at any time, replacement of an operator if it is determined that operator is incapable of safely and/or adequately operating airboat to NRCS’ satisfaction.

C.4.11 Airboat Speed

C.4.11.1 Airboats shall be capable of being operated at continuous idle speed for a 10-hour workday without adverse effects to performance of vessel. Airboats shall be capable of obtaining speeds of at least 25 knots and maintaining that speed for extended periods of time under most operating conditions.

C.4.12 Hull Dimensions and Construction

C.4.12.1 Overall size of airboat shall be determined based on vessel power, operating conditions, terrain, and load to be carried. If airboat cannot operate safely and properly for task required, then NRCS can require airboat be replaced with one of proper size. Airboats shall have seats for four (4) passengers in addition to operator and have a large front deck for crew members to work from with a high front rake for protection to personnel while running through vegetation.

Airboats shall be equipped with a properly sized operating bilge pump. Airboats shall have capability to be spud down to hold airboat in a stationary position while surveying or other activities are conducted. Airboat shall have option to provide add-on appurtenances to assist surveying operations, including, but not limited to items such as: overhead cover, 5/8" threaded studs, pipe collars, spud holes. These minor additions can be made for temporary use and can be easily removed for when not in use by NRCS. NRCS survey team leader may request additions on an as-needed basis depending on surveying operation being performed.

C.4.13 Trailering and Launching

C.4.13.1 Airboats shall be able to be trailered from one location to another and launched on extreme terrain conditions as needed by NRCS. Airboats may be required to be “dry-launched” at some locations. Airboats may be loaded and re-launched during same workday at different locations depending on task needed. Trailers shall be registered and licensed through a state department of motor vehicles and shall meet all safety requirements for safely trailering on federal, state, or local roads.

C.4.14 Rights of Entry

C.4.14.1 NRCS is responsible for securing rights of entry for airboat travel. However, in limited cases, landowner may require Airboat Service to obtain its own right of entry, which may include specific requirements, including insurance requirements, that may differ from paragraph C.4.9.

C.4.15 Ordering of Service

C.4.15.1 During period of performance, airboat services may be ordered on a daily or intermittent basis depending on NRCS workload. Length of service may vary from one day to an unlimited number of days during this period. Number of boats needed on any given day may vary as well, depending on workload needs. NRCS will provide a 24-hour notice of its need for airboat services.

C.4.16 Daily Fees Charged

C.4.16.1 Except as provided above in paragraphs C.4.5 and C.4.7, daily fees charged shall be for a 10-hour minimum workday and shall include all associated costs for fuel, oil, maintenance, insurance, and operator. No additional charges will be paid by NRCS. Cost of transportation between Airboat Service home base and scheduled work site shall be reimbursed on a per mile basis.

C.4.17 Per Diem for Operator

C.4.17.1 Per diem for boat operator may be assessed in instances where distance from home base to work site is in excess of 50 miles one way and there are consecutive days of work. Per diem will be paid based on rates established by Joint Travel Regulations (JTR) for applicable area where work is being performed. Airboat Service shall request this on a case-by-case basis prior to beginning work at a specific work site.

C.4.18 Personal Protective Equipment

C.4.18.1 Airboat Service shall provide to all passengers proper hearing protection for anticipated noise levels that passengers may encounter during operations. Airboat Service shall provide to all passengers Personal Flotation Devices (PFD's). Operators and all passengers shall utilize hearing protection and wear PFDs while vessel is underway.

C.4.19 Authority

C.4.19.1 Only FPAC Contracting Officers or Authorized Purchase Card Holders may place orders under this BPA. Any modifications or questions may be directed to originating Contracting Officer identified on signed contract.

C.5 GENERAL REQUIREMENTS

C.5.1 Contractor shall furnish all management, supervision, labor, equipment and resources needed to provide services described in SOW.

C.5.2 Non-Personal Service

C.5.2.1 Government shall neither supervise Contractor employees nor control method by which Contractor performs required tasks.

C.5.2.2 Under no circumstances shall Government assign tasks to, or prepare work schedules for, individual Contractor employees, except for site lead.

C.5.2.3 Contractor is responsible to manage its employees and to guard against any actions that are of the nature of personal services or give perception of personal services.

C.5.2.4 If Contractor believes any actions constitute, or are perceived to constitute personal services, it shall be Contractor’s responsibility to notify Contracting Officer in writing, immediately.

C.5.2.5 Contractor employees are not to be supervised by NRCS employees. Contractor employees will receive direction from Contractor.

D Reserved

E Inspection and Acceptance

E.1 Acceptance of service will be done under each BPA call or order and will be done upon completion of services.

E.1.1 Acceptance will be determined by Government Point of Contact.

E.1.2 Acceptance will be based on if requirements under Section C are met.

E.1.3 Government Point of Contact or Contracting Officer reserves right to review all work products required under contract for acceptability as needed. Government shall notify Contractor whenever revisions deliverables are required in order for deliverables to be deemed acceptable.

F Performance

F.1 Period of Performance

F.1.1 Period of performance will be provided at award.

F.1.2 Blanket Purchase Agreement will be for five (5) years.

G Invoicing

G.1 Invoice instructions are as follows:

G.1.1 Invoices are required for each call order or Government purchase card order. Invoices must include consolidated work tickets (C.3.6)

G.1.2 If Government purchase card is used for ordering and payment, invoice must be emailed to Authorized ordering official (authorized purchase cardholder) with BPA Contracting Officer (Brantt Lindsey, brantt.lindsey@usda.gov) courtesy copied.

G.1.3 Invoices for calls not placed with government purchase card must be submitted through IPP website (https://www.ipp.gov). Contractor assistance with enrollment can be obtained by calling 866-973-3131 or emailing IPPCustomerSupport@fiscal.treasury.gov. See FPAC Clause 4I-52.232-70.

G.2 Payment

G.2.1 USDA pays for services in arrears (after service is completed). No payments will be made prior to completion of service.

G.2.2 Payment will be made after receipt of invoice or acceptance of service whichever is later.

G.2.3 Payment may be made via purchase card or electronic funds transfer as applicable. No order by an authorized purchase cardholder may exceed applicable GPC use thresholds. Any applicable surcharges shall be in accordance with and within the limitations of GSA Smart Pay program policies/regulations.

End of Section mailto:brantt.lindsey@usda.gov https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov

H Special Contract Requirements

H.1 Special Requirements

H.1.1 Applicable Federal Labor Standards

H.1.1.1 In absence of applicable SCA Wage Determinations for work, Fair Labor Standards Act (FLSA) applies to work performed. If Department of Labor issues applicable wage determinations, BPA will be modified to incorporate Service Contract Act and specific wage determinations.

H.1.2 Limitation of Authority

H.1.2.1 Government Point of Contact is responsible for monitoring Contractor’s performance. Any proposed modifications to contract, such as changes to scope of work, or to terms and conditions of contract must be authorized by Contracting Officer.

H.1.3 Conflict of Interest

H.1.3.1 If for any reason agency or Contractor determines Contractor faces a potential, perceived, or real conflict of interest, agency shall notify Contractor or Contractor shall notify agency, and Contractor shall cease all work on, reassign task, or proceed at discretion of agency. At agency's option, Contractor may provide an acceptable replacement.

H.1.4 Airboat BPA Call Award or Purchase Card Order Process

H.1.4.1 BPA calls/orders or purchase card calls/orders will be awarded based on lowest total cost available service amongst awarded BPAs.

H.1.4.2 NRCS Program office will calculate total cost for each BPA call/order or purchase card call/order by summing cost of total days required, per diem (when required) and estimated mileage charges to required location based on fixed costs in awarded BPAs.

H.1.4.3 Vendor with lowest total cost will be contacted to confirm availability. If unavailable, next lowest cost vendor will be contacted, and so on. BPA call/order or purchase card call/order will be awarded based on lowest total cost available service.

I Provisions and Clauses

I.1 Farm Production and Conservation (FPAC) Provision

I.1.1 FPAC 4I-52.233-70 Protests to the Agency

An agency protest filed with the contracting officer shall be sent to the contracting officer’s mailing address or email address listed in the solicitation. The contractor should contact the contracting officer to verify the mailing or email address prior to delivering a protest.

The independent review of a contracting officer’s decision regarding a protest described at FAR 33.103(d)(4) is not available as an alternative to consideration of the protest by the contracting officer. An independent review is available only as an appeal of the contracting officer’s decision on a protest. An appeal must be filed within 10 calendar days of the protestor’s receipt of the contracting officer’s decision, otherwise the appeal will be deemed untimely and not considered. The appeal must be directed to the Head of the Contracting Activity but sent to the contracting officer.

The protest must contain all of the elements required by FAR 33.103(d)(2). Failure to substantially comply with any of the requirements of FAR 33.103(d)(2) may be grounds for dismissal of the protest.

(End of Provision)

I.2 Federal Acquisition Regulation (FAR) Provisions

I.2.1 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (JAN 2017)

I.2.2 52.204-7 System for Award Management (OCT 2018)

I.2.3 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)

I.2.4 52.204-24 – Representation regarding certain telecommunications and video surveillance services and equipment (NOV 2021)

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.

https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25

(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.

https://www.sam.gov/

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

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

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

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

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

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

and

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

(ii) For covered services—

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

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of Provision)

I.2.5 52.204-26 - Covered Telecommunications Equipment or Services-Representation (OCT 2020)

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

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".

(1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it does, does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

I.2.6 52.209-7 Information Regarding Responsibility Matters (OCT 2018)

(a) Definitions. As used in this provision—

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment;

and similar positions).

https://www.acquisition.gov/far/part-52#FAR_52_204_25

(b) The offeror □ has □ does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in–

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

I.2.7 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services (SEP 2023)

I.3 Farm Production and Conservation (FPAC) Clause

I.3.1 4I-52.232-70 Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP)

(a) Invoices must be submitted electronically through the U.S. Department of the Treasury’s Invoice Processing Platform System (IPP). The Contractor must use the IPP website (https://www.ipp.gov) for submitting invoices. Invoices submitted by means other than IPP will not be accepted unless the Contracting Officer authorizes alternate procedures in writing.

https://www.acquisition.gov/far/52.204-7#FAR_52_204_7

(b) Under this contract, the following document(s) are required to be submitted as attachment(s) to the IPP invoice:

1) Call order consolidated work tickets, (C.3.6) and invoice

(End of Clause)

I.4 Agriculture Acquisition Regulation (AGAR) Clauses

I.4.1 AGAR 452.204-70, Modification for Contract Closeout (DEVIATION JUNE 2024)

“Upon contract closeout for contracts utilizing anything other than cost reimbursement:

(a) If unliquidated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (CO) shall issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The CO shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(b) Upon contract closeout for contracts utilizing SAP: if unliquidated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The CO may also request a “Contractor Release of Claims” be completed by the contractor, although not required for contracts and orders using SAP.) If the bilateral modification and/or Release of Claims are not returned to the CO within 60 days, the CO shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(c) Upon contract closeout for contracts utilizing anything other than cost reimbursement, if unliquidated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and a ‘‘Contractor Release of Claims’’ and will be required to provide a signature on both forms. If the bilateral modification and Release of Claims are not returned to the CO within 120 days, the CO shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.”

I.4.2 AGAR 452.211-72 – Statement of Work/Specifications (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the objectives set forth in the Statement of Work/Specifications referenced in Section C.

I.4.3 AGAR 452.211-74 – Period of Performance (FEB 1988)

The period of performance for this award shall be for five (5) years.

I.5 Federal Acquisition Regulation (FAR) Clauses

I.5.1 52.202-1 Definitions (JUN 2020)

I.5.2 52.204-13 System for Award Management System for Award Management Maintenance. (OCT 2018)

I.5.3 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

I.5.4 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014)

I.5.5 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV 2021)

(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.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

(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 products or commercial services, 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.

I.5.6 52.204-25 – Prohibition on Contracting For Certain Telecommunications and Video Surveillance

Services and Equipment (NOV 2021)

(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 otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(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. The Contractor is prohibited from providing to the Government 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in

FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.