S01 12FPC424Q0028 REQUEST FOR QUOTE 2_9_2024_FINAL_SLS.pdf

12FPC424Q0028

Carbon Sequestration

United States Department of Agriculture

Carbon Capture, Utilization, and Storage Forecasting of Site Use

REQUEST FOR QUOTE

Solicitation: 12FPC424Q0028

Date Issued: 2/9/2024

APPENDIX A

Synopsis/Solicitation Format

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

(ii) Solicitation number 12FPC424Q0028 is issued as a request for quotation (RFQ). The acquisition procedures at FAR Part 13 are being utilized. The Government anticipates issuing a firm fixed price commercial services contract to the responsible offeror whose quote is the Lowest Price Technically Acceptable (LPTA) offeror. Work will begin by immediately following the issuance of the award.

(iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-02 effective January 22, 2024.

(iv) This is a 100% Small Business set aside. The applicable NAICS Code is 541620, Environmental

Consulting Services, which has a size standard of $19M. For information on size standard visit http://sba.gov/size.

(v) Contract Line-Item Numbers:

CLIN Item Description QTY Unit of Issue Unit Price Total Price

CLIN 0001

Carbon Capture, Utilization, and Storage (CCUS) Forecasting of Site Use and Surface Impact Report 1 EA

TOTAL

(vi) Description of Requirement.

Through HFRP, the NRCS Alabama State office helps Alabama landowners restore, enhance, and protect forestland resources on private and tribal lands through the purchase of an HFRP easement. Under the terms of an HFRP easement, NRCS ensures the long-term viability of the forestland resources to promote the recovery of endangered or threatened species, improve plant and animal biodiversity, and enhance carbon sequestration.

In return for receiving payment for the easement, the landowner must convey title to the easement that is acceptable to the NRCS. In particular, the landowner must warrant that the easement granted to the United States is superior to the rights of all others, except for encumbrances to the title that are deemed acceptable by the NRCS. NRCS uses the Department of Justice (DOJ) title standards to ensure clear title and will only proceed to pursue an easement transaction if an outstanding right, such as CCUS rights that are held by third parties must be evaluated by NRCS and a determination made as to the acceptability of each existing recorded exception to the title.

NRCS determines acceptability based on the impact the exception on NRCS’s ability to achieve the purposes of the program and the potential of these exceptions to undermine or interfere with the rights the United States is acquiring under the terms of the HFRP easement.

http://sba.gov/size

The contractor shall provide all management, supervision, labor, equipment, tools, etc. associated with the completion of the services are limited to the specific item numbers listed.

(vii) The estimated award date is February 22, 2024.

(viii) Date(s) and Place(s) of Delivery and Acceptance

USDA Natural Resources Conservation Service 3381 Skyway Drive Auburn, AL 36830

Performance location is in Baldwin County, AL. Services must be completed by 45 days after award.

(ix) FAR provision 52.212-1, Instructions to Offerors—Commercial, applies to this acquisition.

(x) FAR provision 52.212-2, Evaluation-Commercial Items applies to this solicitation.

(xi) Offerors are required to complete the provision at 52.212-3, Offeror Representations and Certifications—

Commercial Items. This must be completed at SAM.gov and the registration in an “Active” status.

(xii) FAR clause 52.212-4, Contract Terms and Conditions—Commercial Items, applies to this acquisition and addenda and are attached.

(xiii) The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items, applies to this acquisition.

(xiv) Additional contract requirement(s) or terms and conditions determined by the Contracting Officer to be necessary for this acquisition and consistent with customary commercial practices are attached in full text.

52.212-1 Instructions to Offerors—Commercial Products and Commercial Services (Sep 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(1)Is set aside for small business and has a value above the simplified acquisition threshold;

(2)Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3)Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show— https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items

(1) The solicitation number; 12FPC424Q0028

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. No alternatives are accepted. No alternative terms and conditions, including alternative line items will be accepted.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3

(2)

(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. N/A

(i) Availability of requirements documents cited in the solicitation.

(1)

(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101–29, and copies of Federal specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the address in paragraph (i)(1)(i) of this provision.

(2) Most unclassified Defense specifications and standards may be downloaded from the ASSIST website at https://assist.dla.mil.

(3) Defense documents not available from the ASSIST website may be requested from the Defense Standardization Program Office by—

(i) Using the ASSIST feedback module ( https://assist.dla.mil/feedback); or

(ii) Contacting the Defense Standardization Program Office by telephone at 571–767–6688 or email at assisthelp@dla.mil.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier.(Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) [Reserved]

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

https://assist.dla.mil/ https://assist.dla.mil/ https://assist.dla.mil/feedback mailto:assisthelp@dla.mil https://www.acquisition.gov/far/subpart-32.11#FAR_Subpart_32_11 http://www.sam.gov/ http://www.sam.gov/

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

Far 52.212-1 Instructions to Offerors--Commercial Items Addendum to

Responses are due by February 20, 2024, 1:00 pm. EST. SITE VISIT: RSVP Required February 13, 2024, 1:00PM CST. RSVP your attendance with Mr. Jason Garner @334-887-4541 or jason.gardner@usda.gov no later than February 12, 2024 @1PM CST.

The Administrative Point of Contact is Meawonna Floyd. Offerors must submit quotes to Meawonna Floyd at email address meawonna.floyd@usda.gov and Shermeka Showers shermeka.showers@usda.gov.

Please address all questions regarding this solicitation to Meawonna Floyd via email referencing the solicitation number in the subject line.

In accordance with FAR 52.212-1 late quotes will not be accepted

Submission Formatting Requirements:

Quotes shall be separated into two (2) separate parts and formatted as follows:

Volume I– Cover Sheet and Technical Quote Page Limitation: 10 single spaced pages maximum applicable to the Technical Quote (cover page not included in the page count) Page Size: One sided, letter size (8.5” x 11”) Font Size: 11-point font size Font Type: Times New Roman (or other common font)

Volume II– Price Quote Submit in accordance with Attachment B, Price Schedule Page Limitation: NA

VOLUME I - TECHNICAL QUOTE- PREPARATION INSTRUCTIONS

General The technical Factors below are listed below.

The technical quote must be sufficiently detailed to enable the USDA to make a thorough evaluation and to arrive at a sound determination as to whether the quoted services meet the requirements of the mailto:jason.gardner@usda.gov mailto:meawonna.floyd@usda.gov

Statement of Work (SOW) and the quoted approach is valid and practical. The technical quote must be specific, detailed, and complete to clearly demonstrate the quoter has a thorough understanding of the requirements for providing services of the scope and character outlined in the SOW. Clear evidence of services/processes previously demonstrated and currently in place relating to the technical evaluation factors should be included.

Statements that the quoter understands, can, or will comply with all statements in the SOW, and statements paraphrasing the SOW are considered insufficient. For example, statements such as “standard procedures will be employed,” or well-known techniques will be used,” etc., will be considered insufficient. Elaborate brochures or other presentations beyond that sufficient to present an effective proposal are not desired.

Quoters shall address, in the Technical Quote, those areas contained in the factors below. Each of these areas corresponds to the evaluation factors contained in Evaluation Section of the RFQ.

The Technical Quote shall not include any pricing information.

All quotes received in response to this solicitation will be evaluated in accordance with FAR 13 simplified acquisition procedures.

Technical Quote Format and Content-Volume I

Factor 1a-Approach: The Quoter should provide a narrative of understanding of the requirement and their demonstrated approach on how handle tasks 1-4 of the scope of work.

Factor 1b-Experience: Quoter should demonstrate evidence and understanding of the scope of work. The Quoter shall submit a narrative of experience providing services with the same or similar scope and complexity in relation to the scope of work. Experience must be recent and relevant, within three (3) years.

The offeror shall provide Contract numbers, points of contact with correct phone numbers, titles, and email addresses of each related project to allow the Government to verify the information submitted. At least one (1) verifiable contracting or technical point of contact for each experience reference is required.

1. Understanding of potential direct and indirect surface impacts of a CCUS project on forestry resources.

2. Experience developing feasibility studies and modeling of CCUS projects

3. Ability to forecast the development potential and make associated risk assessments of CCUS projects in Alabama.

Recency: Similar contracts completed or worked on within the past three (3) years.

Relevancy: The quoter shall submit experience information that demonstrates their history of successful completion of projects; history of producing high-quality reports and other deliverables. The quoter shall demonstrate the quality of cooperation (with each other) of key individuals within the company, and quality of cooperation and performance between the company and its clients.

Factor 1c-Past Performance: Quoters shall provide one recent and relevant contract, subcontract, agreement, or other services of the same or similar in scope and complexity that was performed within the past three (3) years.

Recency: Similar contracts completed or worked on within the past three (3) years.

Relevancy: The quoter shall submit past performance information that demonstrates their history of successful completion of projects; history of producing high-quality reports and other deliverables;

history of staying on schedule and within budget. The quoter shall demonstrate the quality of cooperation (with each other) of key individuals within the company, and quality of cooperation and performance between the company and its clients.

The Government intends to make an overall determination of Past Performance based on a review of the following:

Contract Performance Assessment Reporting System (CPARS) Previous contract history

So that the Government may efficiently evaluate and verify the past performance information the quoter should include the following information for each example:

Name and Address of Contracting Activity/Organization Contract Number Contract Type Period of Performance Place of Performance Total Contract Value Deliverables – title, date, and brief description Points of Contact with correct phone numbers, titles, and e-mail addresses to allow the Government to verify information submitted. Provide at least one (1) verifiable contracting or technical point of contact.

If possible, provide both contracting and technical points of contact. The Quoter shall ensure that information presented for points of contact is accurate and current (i.e., current phone numbers, email addresses).

If applicable, the quoter may provide information on both problems encountered and corrective actions taken to resolve problems for any awards provided under past performance. The quoter should not provide general information on their performance on the identified awards. General performance information may be obtained from the references provided by the quoter.

Quoters with no identified relevant past performance shall be evaluated and given a neutral rating.

VOLUME II – PRICE QUOTE

Volume II, Price Quote, shall consist of the Quoter’s firm fixed price (FFP) for each line item as shown Attachment B, Pricing Sheet. Include the following: 1) Solicitation number’ 2) Name, email address, address, and telephone number of the vendor. 3) Price for line item per task area; unit, unit quantity, unit price, and total price. 4) Sufficient details to analyze the price and make a determination.

52.212-2 Evaluation—Commercial Products and Commercial Services. Nov 2021

(a) The Government will award a based upon receipt of the quote being the lowest priced and technically acceptable.

An award will be made to the offeror whose quote is the lowest priced technically acceptable quote.

To be considered technically acceptable, the Quoter must show how they minimally meet the following criteria:

TECHNICAL REQUIREMENTS

Quote Evaluation - General The Quoter selected for award will be the responsible Quoter whose quote is determined to be the lowest priced technically acceptable to the Government based on the evaluation factors set forth. Only the lowest priced technically acceptable quote offering the services in Attachment A

- Statement of Work (SOW) and all items identified in Attachment B - Pricing Sheet are eligible for award.

Compliance With the Request for Quote

Volume I - Quote Coversheet will not be point scored or rated. The factors 1-3 will be rated accordingly. The quote preparation instructions contained in the Instruction Section are designed to provide guidance to Quoters concerning the type and depth of information the Government considers necessary to conduct an informed evaluation of each quote.

The Quoter’s compliance with the quote instructions as outlined in Volume I, Quote and Other Documents (such as format and content) will be reviewed and serve as the basis for a determination of responsiveness to the requirements contained in this solicitation.

If the quote fails to comply with material RFQ requirements or to meaningfully address major portions of the RFQ as to be grossly and obviously deficient it may be eliminated from further consideration before a detailed evaluation is performed.

Deviations/exceptions taken to this solicitation will not necessarily cause a quote to be considered unacceptable. However, a large number of deviations/exceptions or one or more significant deviations may result in the rejection of the quote as unacceptable. In the event a quote is rejected, a notice will be sent to the Quoter stating the reason(s) that the quote will not be considered for further evaluation.

BASIS FOR CONTRACT AWARD AND EVALUATION FACTORS

This procurement is being conducted in accordance with FAR 13. This is not a FAR Part 15 Contracting by Negotiation procurement. The Government intends to award one (1) award to the responsible Quoter whose quote is responsive to the solicitation and is determined to be the lowest priced technically acceptable to the Government.

In determining the lowest priced technically acceptable to the Government, the Technical Quote Factors must be acceptable, and the total price is the lowest quote (e.g. the total evaluated price is the sum of all FFP CLINs).

OVERALL RELATIVE IMPORTANCE OF EVALUATION CRITERIA

A. The following factors will be used for evaluation of technical quotes:

Factor 1a: Approach Factor 1b: Technical Experience Factor 1c: Past Performance

The evaluation factors (1a-c) for the Technical Quote (Volume I)

Volume I, Technical Quote (Factors 1a-c) will be rated on acceptable or unacceptable basis. Failure to provide necessary elements required for the technical quotation, the quote submission will result in an unacceptable rating.

B. Technical Rating The non-price factors 1a-c will be evaluated using the ratings listed in the acceptable/unacceptable tables below.

Evaluation Factors- Technical Quote The Government will use the information provided in Volume I- Technical Quote to evaluate the Quoter’s quote. The Quoter is encouraged to read the instructions carefully and respond to every information request. Failure to provide the information requested will result in an unacceptable rating. All quotes received in response to this solicitation will be evaluated in accordance with FAR 13 procedures.

The quote will be evaluated in accordance with the following criteria.

Factor 1a – Approach

Rating Definition

Acceptable The Quoter demonstrated an understanding of the requirement and provided a narrative of their approach addressing tasks 1-4 of section 3 the scope of work.

Unacceptable The Quoter did not demonstrate an understanding of the requirement and FAILED TO provide a narrative of their approach addressing tasks 1-4 of the scope of work.

Factor 1b- Experience

The quoter’s experience demonstrated experience as well as its understanding, knowledge, and ability to perform all task areas of the Statement of Work (SOW). Experience submitted was recent and relevant as defined in RFQ.

Unacceptable The Quoter experience did not demonstrate as well as its understanding, knowledge, and ability to perform all task areas of the Statement of Work (SOW). Experience failed to show recency and relevancy as defined in RFQ.

Factor 1c –Past Performance

The quoter’s past performance provided that one recent and relevant contract, subcontract, agreement, or other services of the same or similar in scope and complexity that was performed within the past three (3) years.

Unacceptable The quoter’s past performance did not contain one recent and relevant contract, subcontract, agreement, or other services of the same or similar in scope and complexity that was performed within the past three (3) years.

Neutral The quoter does not have any previous contract history or other past performance history, the quote will receive a neutral rating.

Price Quote The Price Quote will neither be point-scored, nor adjectively rated, but will be evaluated to determine reasonableness. For evaluation purposes, the total evaluated price is the sum of all Firm Fixed Price CLINs.

Pricing that is unrealistically low may be considered an indication that the Quoter does not possess adequate understanding of the requirement or the requisite technical capability to successfully perform the work.

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or 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.

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

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

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

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

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

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

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

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

(d) Representation. The Offeror represents that—

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

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

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

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

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

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

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

(End of provision)

52.204-26 Covered Telecommunications Equipment or Services-Representation. (Oct 2020)

(a) 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.

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

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

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it □ does,

□ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.204-26 Covered Telecommunications Equipment or Services Representation (Oct 2020)

(a) 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.

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

(c)

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

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

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services. (DEC 2022)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services.

The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act ( 31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

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(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer- System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-https://www.acquisition.gov/far/part-52#FAR_52_232_33 https://www.acquisition.gov/far/part-52#FAR_52_232_34 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_212_5

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

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(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work.