Sol_140P8626Q0043_Amd_0001.pdf
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- Solicitation number
- 140P8626Q0043
About this file
This is a Request for Quotation (RFQ) for the purchase and delivery of replacement running rigging blocks for the NHL Balclutha, a historic sailing vessel at San Francisco Maritime National Historical Park (SAFR).
The National Park Service is seeking a single firm-fixed-price contract award for the provision of 234 replacement blocks used for hoisting rigging, controlling sails, and moving equipment on the fully rigged vessel. Many of the ship's existing blocks are rotten, missing, or damaged, creating safety risks. The requirement is a 100% Total Small Business Set-Aside solicitation with applicable NAICS codes 332999 (Fabricated Metal Product Manufacturing), 326199 (Plastics Product Manufacturing), and 321999 (Wood Product Manufacturing), each with a 500-750 employee size standard. RFQ 140P8626Q0043 must be received on or before Monday, August 31, 2026 at 3:00 PM (Pacific Daylight Time) via electronic mail to Contract Specialist E. Michael Gabriel at earl-michael_gabriel@ios.doi.gov. All questions and clarifications must be submitted by Friday, August 21, 2026 at 3:00 PM. The period of performance runs from September 28, 2026 through September 27, 2027. Evaluation will be based on technical capability and relevant experience with similar block replacement projects within the past three years, cost/price reasonableness, with past performance and qualifications marked as not applicable. Site visits are highly encouraged and should be arranged by appointment with Adrian McCullough, Historic Ships Manager, at adrian_mccullough@nps.gov or 415-802-4666. The contract will be administered under FAR Part 12 for commercial products, incorporating standard federal clauses as of FAC 2026-01 (March 13, 2026). Amendment 01 revised the Statement of Work and submission deadline from the original solicitation.
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Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:
(a) By completing items 8 and 15, and returning or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
E. IMPORTANT: is not is required copies to the issuing office.
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE
2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)
7.ADMINISTERED BY (If other than Item 6) CODE
STANDARD FORM 30 (REV. 11/2016)
Prescribed by GSA FAR (48 CFR) 53.243
FACILITY CODE
9A. AMENDMENT OF SOLICITATION NUMBER
9B. DATED (SEE ITEM 11)
10A. MODIFICATION OF CONTRACT/ORDER NUMBER
10B. DATED (SEE ITEM 13)
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in Item 14. is extended. is not extended.
12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.
IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.
CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER
NUMBER IN ITEM 10A.
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER (Specify type of modification and authority)
Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.
15C. DATE SIGNED
15A. NAME AND TITLE OF SIGNER (Type or print)
16C. DATE SIGNED
16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
PAGE
6. ISSUED BY CODE
8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X)
CODE
15B. CONTRACTOR/OFFEROR
(Signature of person authorized to sign)
16B. UNITED STATES OF AMERICA
(Signature of Contracting Officer)
Previous edition unusable
PAGESOF
Contractor
The hour and date specified for receipt of Offers to sign this document and return
Michael Gabriel
See continuation page
NPS, PWR - GOGA MABO
Building 201, Fort Mason San Francisco CA 94123
DOI, NPS, PWR - GOGA MABO
Building 201, Fort Mason San Francisco CA 94123
PPG
PPG
140P8626Q0043
08/07/2026
07/27/2026
1 39
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES
NAME OF OFFEROR OR CONTRACTOR
SUPPLIES/SERVICES
(B)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
OPTIONAL FORM 336 (4-86)
Sponsored by GSA FAR (48 CFR) 53.110
ITEM NO.
(A)
QUANTITY
(C)
NSN 7540-01-152-8067
140P8626Q0043/0001
PRODUCT: "PURCHASE BLOCK REPLACEMENT - RUNNING
RIGGING BLOCKS" for NHL BALCLUTHA, SAN
FRANCISCO MARITIME NATIONAL HISTORICAL PARK
(SAFR).
AMENDMENT 01 IS TO POST THE REVISED:
ATTACHMENT 02 - STATEMENT OF WORK (REV 02) AND
ATTACHMENT 03 - PHOTOS, AND TO CHANGE THE RFQ
SUBMISSION DUE DATE/TIME.
CONTRACT SPECIALIST: E. Michael Gabriel email: earl-michael_gabriel@ios.doi.gov
Please include the RFQ# 140P8626Q0043 in all email correspondence and all required submittals.
REQUEST FOR QUOTATION (RFQ) MUST BE RECEIVED ON
OR BEFORE: MONDAY, 08/31/2026 at 15:00 PM (PD), and shall only be accepted through ELECTRONIC
MAIL addressed to E. Michael Gabriel, email: earl-michael_gabriel@ios.doi.gov
ALL QUESTIONS AND/OR CLARIFICATIONS is DUE on
FRIDAY, 08/21/2026, at 15:00 PM (PD).
SITE VISIT SCHEDULE: Interested contractors are highly encouraged to conduct a site visit or walk-through, per FAR 36.523. For appointment and access to the park, please contact: ADRIAN
McCULLOUGH, SAFR - Historic Ships Manager, through email: adrian_mccullugh@nps.gov
This requirement is TOTAL SMALL BUSINESS
SET-ASIDE. Offers are solicited only from Small
Business concerns. Offers received from concerns that are not Small Business concern shall be considered nonresponsive and will be rejected.
The North American Industry Classification
System (NAICS) Codes for this requirement are:
*332999 - All Other Miscellaneous Fabricated
Metal Product Manufacturing;
*326199 - All Other Plastics Product
Manufacturing;
*321999 - All Other Miscellaneous Wood Product
Manufacturing
Continued...
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES
NAME OF OFFEROR OR CONTRACTOR
SUPPLIES/SERVICES
(B)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
OPTIONAL FORM 336 (4-86)
Sponsored by GSA FAR (48 CFR) 53.110
ITEM NO.
(A)
QUANTITY
(C)
NSN 7540-01-152-8067
140P8626Q0043/0001
- with a corresponding Size Standard of 500 -
750 number of Employees.
The Government intends to award a single
Firm-Fixed-Price contract. The Government intends to make award to the responsible offeror whose quote conforms to the Request for
Quotation (RFQ) and is most advantageous to the government, Technical Factors and Cost or Price considered.
See the RFQ, Terms and Provisions and all attachments for more information and product/supply specifications.
Period of Performance: 09/28/2026 to
09/27/2027
Change Item 00010 to read as follows(amount shown is the obligated amount):
00010 1 EAPURCHASE BLOCK REPLACEMENT
-Running Rigging Blocks for NHL BALCLUTHA
San Francisco Maritime NHP (SAFR)
*See ATTACHMENT 02 - Statement of Work (REV 02) for Product/Supply Specifications and
Requirements.
*NOTE: disregard the "QTY = 1" (Column C) and
"Unit = EA" (Column D) in LINE 10 of SF 30, PAGE 3. For all Product/Supply QTY and UNIT, see the SOW (REV 02).
Product/Service Code: 2020
Product/Service Description: RIGGING AND
RIGGING
GEAR
GENERAL INFORMATION:
Request for Quotation (RFQ) 140P8626Q0043
Please include the RFQ# 140P8626Q0043 in all email correspondence and all required submittals.
This is a COMBINED SYNOPSIS / SOLICITATION for commercial items prepared in accordance with the format in the Federal Acquisition Regulations (FAR) Subpart 12.6, as supplemented with additional information included in this notice.
The National Park Service – San Francisco Maritime National Historical Park (SAFR) contemplate award of a firm fixed price contract as a result of this combined synopsis/solicitation to the vendor.
This announcement constitutes the only solicitation issued as Request for Quotation (RFQ)
140P8626Q0043 – Purchase “Block Replacement” (Running Rigging Blocks) for NHL Balclutha.
A WRITTEN SOLICITATION WILL NOT BE ISSUED.
FAR clauses and provisions enclosed within this RFQ are those in effect through Federal Acquisition
Circular (FAC) 2026-01 (March 13, 2026) and are available in full text through Internet access at http://www.acquisition.gov/far/.
Point of Contact:
Contracting Operations - West Contract Specialist
Name: Michael Gabriel
Email: earl-michael_gabriel@ios.doi.gov
The National Park Service - SAFR has a requirement for a contractor/vendor to provide and deliver Block
Replacement for NHL Balclutha.
This is a 100% Total Small Business Set Aside. Quotations are solicited only from Small Business concerns. Quotations received from concerns that are not small business concerns shall not be considered.
The North American Industry Classification System (NAICS) code for this requirement are:
332999 – “All Other Miscellaneous Fabricated Metal Product Manufacturing”.
326199 – “All Other Plastics Product Manufacturing”.
321999 – “All Other Miscellaneous Wood Product Manufacturing”.
• With a corresponding Business Size Standard of 500 – 750 employees.
The Government reserves the right to cancel this solicitation.
mailto:earl-michael_gabriel@ios.doi.gov
General Description of Requirement:
NHL Ship Balclutha is a fully rigged vessel with an intricate system of masts, wire, and rope rigging.
Blocks are used for hoisting rigging, masts, yards, controlling sails, lifting equipment, and moving components between deck and aloft. The ship has a total of 234 Blocks that are being replaced.
Many of Balclutha’s Blocks are rotten, missing, or damaged, creating safety risks. The vessel’s Block inventory is inconsistent in maker, style, and condition. New Blocks are needed for restoration and preservation.
See the Statement of Work for Product Specifications and Requirements.
Type of Contract: Firm-Fixed-Price
Period of Performance (POP): 09/28/2026 – 09/27/2027
Award Selection Process:
Per FAR Part 13, evaluation will be conducted by comparative evaluation of offerors that provide the best value to the government. This solicitation is not stating nor required to state the relative importance assigned to each evaluation factor and/or sub factor (FAR 13.106-1(a)(2)).
Evaluation Factor #1:
Technical Capability of the contractor to complete the purchase and delivery of “Block Replacement”
(Running Rigging Blocks) for NHL Balclutha. Using the offeror’s comparable Relevant Experience involving delivery of Block Replacement (Running Rigging Blocks) or work similar in scope to the specifications provided in the Statement of Work (SOW) of this solicitation, the Government will evaluate the offeror on the basis of extent of experience with projects performed within the past three (3) years of a similar nature and scope of this requirement, and also includes what is required per the specifications, and demonstrates an overall understanding of the solicited (supply/product) requirements.
Evaluation Factor #2:
Cost/Price: The Government will evaluate the price of each compliant offer in relation to the offer’s relative technical merit and product requirement. Pricing will be evaluated to determine price reasonableness.
Evaluation Factor #3:
Past Performance: Not Applicable (N/A).
Evaluation Factor #4:
Qualification/Certification: Not Applicable (N/A).
INSTRUCTIONS TO OFFERORS:
Quotes must be in accordance with and in the order detailed in this section. Failure to submit quotes according to the instructions provided within the solicitation may result in the respondent’s quote not being considered for award.
All interested parties shall be registered and have an active account in the System for Award Management (SAM) at time an offer or quotation is submitted.
Please include the RFQ# 140P8626Q0043 in all email correspondence and all required submittals.
The offerors shall submit a quote to the Contract Specialist, Michael Gabriel by email to earl-michael_gabriel@ios.doi.gov
For questions regarding this Solicitation / RFQ, send an email to earl-michael_gabriel@ios.doi.gov
Offers shall submit the following information in its entirety:
a) Checklist for quote submittal:
• This page of the solicitation completed as the first page in the package ☐
• Signed acknowledgement of SF 18 ☐
• All amendments acknowledged using one of the methods set forth in Box 11 of the SF-30 ☐
• Completed Provisions (including 52.204-24, 52.204-26, and others as applicable) ☐
• Completed Contract Price Schedule (see Attachment 01) or company Quote Sheet ☐
• Completed Past Performance / Relevant Experience Form - (Not Applicable for this RFQ) ☐
• Qualification / Certification – (Not Applicable for this RFQ) ☐
b) Contractor Core Data:
Offerors Name:__________________________________________________________________
Offerors Address:________________________________________________________________
Offerors POC: __________________________________________________________________
Offerors Unique Entity Identifier (UEI) or SAM - CAGE Code:
Offerors Phone/Email:_____________________________________________________________
Clauses Section
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http:// www.acquisition.gov/far/
52.204-8 Annual Representation and Certifications – Deviation (FEB 2025) JAN 2025
52.204-13 System for Award Management Maintenance OCT 2018
52.204-18 Commercial and Government Entity Code Maintenance AUG 2020
52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment
NOV 2021
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
NOV 2021
52.204-26 Covered Telecommunications Equipment or Services-Representation OCT 2020
52.204-27 Prohibition on a Byte Dance Covered Application JUN 2023
52.204-29 Federal Acquisition Supply Chain Security Act Orders – Representation and Disclosure
DEC 2023
52.204-30 Federal Acquisition Supply Chain Security Act Orders – Prohibition DEC 2023
52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services NOV 2023
52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 JAN 2022
52.222-90 (EO 14398) Addressing DEI Discrimination by Federal Contractors MAR 2026
52.223-5 Pollution Prevention and Right-to-Know Information MAY 2024
52.226-7 Drug Free Workplace MAY 2024
52.232-1 Payments APR 1984
52.232-8 Discounts for Prompt Payment FEB 2002
52.232-9 Limitation on Withholding of Payments APR 1984
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.232-40 Providing Accelerated Payments to Small Business Subcontractors MAR 2023
52.233-1 Disputes MAY 2014
52.233-4 Applicable Law for Breach of Contract Claim OCT 2004
52.243-1 Changes – Fixed Price AUG 1987
52.244-6 Subcontracts for Commercial Products and Commercial Services (Deviation – FEB 2025)
OCT 2025
52.246-2 Inspection of Supplies – Fixed-Price AUG 1996
52.252-6 Authorized Deviation in Clauses NOV 2020
FAR 52.252-2 Clauses Incorporated by Reference FEB 1998 http://www.acquisition.gov/far/
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)
(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.
113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by
Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or
Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and
10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19
U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (
41 U.S.C. 4704 and 10 U.S.C. 4655).
_x_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun
2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment
Act of 2009.)
_x_ (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see
FAR 3.900(a).
_x_ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-
282) ( 31 U.S.C. 6101 note).
__ (6) [Reserved].
__ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L.
111-117, section 743 of Div. C).
_x_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub.
L. 117-328).
__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title II).
_x_ (11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC 2023) ( Pub. L.
115–390, title II).
__ (ii) Alternate I (Dec 2023) of 52.204-30.
FAR 52.212-5
Contract Terms and Conditions Required to Implement Statutes or
Executive Orders – Commercial Products and Commercial Services
– (DEVIATION – FEB 2025)
OCT
_x_ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment, or Voluntarily Excluded. (JAN 2025) ( 31 U.S.C. 6101 note).
__ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41
U.S.C. 2313).
__ (14) [Reserved].
__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).
__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).
__ (17) [Reserved]
_x_(18) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) ( 15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-6.
__ (19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-7.
__ (20) 52.219-8, Utilization of Small Business Concerns (Feb 2024) ( 15 U.S.C. 637(d)(2) and (3)).
__(21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) ( 15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Nov 2016) of 52.219-9.
__ (iii) Alternate II (Nov 2016) of 52.219-9.
__ (iv) Alternate III (Jun 2020) of 52.219-9.
__ (v) Alternate IV (Sep 2023) of 52.219-9.
__ (22) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) ( 15 U.S.C. 644(r)).
__ (ii) Alternate I (Mar 2020) of 52.219-13.
__(23) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).
__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).
__ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small
Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) ( 15 U.S.C. 657f).
_x_ (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Feb 2024) ( 15 U.S.C. 632(a)(2)).
__ (ii) Alternate I (Mar 2020) of 52.219-28.
__ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned
Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(m)).
__ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns
Eligible Under the Women-Owned Small Business Program (Oct 2022) ( 15 U.S.C. 637(m)).
__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).
__ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).
__ (31) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).
__ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2025).
___ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_x_ (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
_x_ (35) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).
__ (ii) Alternate I (Jul 2014) of 52.222-35.
_x_ (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793).
__ (ii) Alternate I (Jul 2014) of 52.222-36.
__ (37) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).
_x_ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.
13496).
_x_ (39) 52.222-42, Statement of Equivalent Rates for Federal Hires.
_x_ (40) (i) 52.222-50, Combating Trafficking in Persons (OCT 2025) ( 22 U.S.C. chapter 78 and E.O. 13627).
__ (ii) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).
__ (41) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
__ (42) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008)
( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (ii) Alternate I (May 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (43) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May
2024) ( 42 U.S.C. 7671, et seq.).
__ (44) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners
(May 2024) ( 42 U.S.C. 7671, et seq.).
__ (45) 52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.).
__ (46) 52.223-21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.).
_x_ (47) 52.223-23, Sustainable Products and Services (May 2024) (DEVIATION FEB 2025) ( E.O. 14057, 7
U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).
__ (48) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
_x_ (49) (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83).
__ (ii) Alternate I (Oct 2022) of 52.225-1.
_x_ (50) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public
Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I [Reserved].
__ (iii) Alternate II (Dec 2022) of 52.225-3.
__ (iv) Alternate III (Feb 2024) of 52.225-3.
__ (v) Alternate IV (Oct 2022) of 52.225-3.
_x_ (51) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_x_ (52) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (53) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section
862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
__ (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).
__ (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) ( 42 U.S.C.
5150).
_x_ (56) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) ( E.O.
13513).
__ (57) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
__ (58) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021)
( 41 U.S.C. 4505, 10 U.S.C. 3805).
_x_ (59) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) ( 41
U.S.C. 4505, 10 U.S.C. 3805).
_x_ (60) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT 2018) ( 31 U.S.C.
3332).
__ (61) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (
31 U.S.C. 3332).
__ (62) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).
__ (63) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).
_x_ (64) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security
Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C 3901 note prec.).
_x_ (65) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)).
__ (66) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
__ (iii) Alternate II (Nov 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
_x_ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter67).
_x_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) ( 29 U.S.C. 206 and 41 U.S.C.
chapter 67).
__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (
29U.S.C.206 and 41 U.S.C. chapter 67).
__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for
Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).
__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain
Services-Requirements (May 2014) ( 41 U.S.C. chapter 67).
_x_ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).
_x_ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph
(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and
Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the
Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509).
(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712).
(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)
(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.
113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by
Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or
Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L.
117-328).
(vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–
390, title II).
(B) Alternate I (Dec 2023) of 52.204–30.
(viii) 52.219-8, Utilization of Small Business Concerns (Feb 2024) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(ix) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(x) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).
(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).
(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xv) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67).
(xvi) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).
(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for
Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).
(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain
Services-Requirements (May 2014) ( 41 U.S.C. chapter 67).
(xix) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(xxii) (A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section
862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(end of clause)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.
(b) The use in this solicitation or contract of any Department of Interior Regulation (48 CFR, Chapter 14) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.
(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.
(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award.
The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The
COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor.
Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.
(c) The COR is not authorized to perform, formally or informally, any of the following actions:
(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;
(2) Waive or agree to modification of the delivery schedule;
(3) Make any final decision on any contract matter subject to the Disputes Clause;
(4) Terminate, for any reason, the Contractor's right to proceed;
(5) Obligate in any way, the payment of money by the Government.
(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The
Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the
COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the
Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting
Officer's response issued under paragraph (e) of this clause.
(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph
(d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.
(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.
(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.
FAR 52.252-6 Authorized Deviation in Clauses NOV 2020
DIAR 1452.201-70 Authorities and Delegations SEP 2011
CONTRACT SPECIALIST responsible for administering this contract:
E. MICHAEL GABRIEL
Contracting Operations – West
Department of Interior (DOI)
Email: earl-michael_gabriel@ios.doi.gov
PROJECT SUPERVISOR / TECHNICAL REPRESENTATIVE for this contract will be:
San Francisco Maritime National Historical Park (SAFR)
POC: ADRIAN McCULLOUGH
Historic Ships Manager
San Francisco Maritime NHP (SAFR)
C#: 415-802-4666
Email: adrian_mccullough@nps.gov
The Contractor shall use the COR / Project Manager (PM) / Project Supervisor (PS) as the point of contact for all technical matters under the contract. Technical correspondence shall be addressed to the
COR / PM / PS, with an information copy of the basic correspondence to the Contract Specialist.
(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:
$ 500,000 each person
$ 1,000,000 each occurrence
$ 500,000 property damage
(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The contractor shall furnish the
Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.
Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Invoice
Processing Platform System (IPP).
“Payment request” means any request for contract financing payment or invoice payment by the
Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4
Contract Terms and Conditions – Commercial Items included in commercial item contracts, The IPP
DIAR 1452.228-70 Liability Insurance – Department of the Interior JUL 1996
DOI – AAAP-0028 Electronic Invoicing and Payment Requirements – Invoice
Processing Platform (IPP)
FEB 2021
mailto:adrian_mccullough@nps.gov website address is: https://www.ipp.gov.
Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:
• The Contractor must upload their actual business invoice as an attachment when submitting their payment request through the IPP system.
The Contractor must use the IPP website to register, access, and use IPP for submitting requests for payment. The Contractor Government business Point of Contact (as listed in SAM) will receive enrollment instruction via email from the Federal Bank of St. Louis (FBSL) within 3 – 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP
Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131. If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its quotation.
The contractor is prohibited from utilizing All-Terrain Vehicles (ATV)s on National Park Service lands.
ATV is defined as: A motorized off-highway vehicle (OHV) traveling on four or more low-pressure tires, having a seat to be straddled by the operator and a handlebar for steering control.
Use of Utility Terrain Vehicles (UTVs) are permitted. UTV (also called a side-by-side) is defined as: A motorized OHV having four or more low pressure tires, designed with side-by-side seats, seatbelts, steering wheel, and optional cab, brush cage, or ROPS.
Prohibition of All Terrain Vehicles (ATV’s) JUL 1996
NOTE: System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-
3, Offeror Representations and Certifications – Commercial Products and Commercial Services.
Contracting Officer will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to update their entity registration to remove representations in SAM.
Provisions Section
All interested parties shall be registered in the System for Award Management or SAM at time an offer or quotation is submitted.
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov
52.204-7 System for Award Management NOV 2024
52.204-8 Annual Representations and Certifications – (DEVIATION – FEB 2025) OCT 2025
52.204-16 Commercial and Government Entity Code Reporting AUG 2020
52.204-22 Alternative Line Item Proposal JAN 2017
52.207-1 Notice of Standard Competition MAY 2006
52.212-1 Instruction to offerors-Commercial Products or Commercial Services SEP 2023
52.201-1 Acquisition 360: Voluntary Survey SEP 2023
(a)All actual and potential offerors are encouraged to provide feedback on the preaward and debriefing processes, as applicable. Feedback may be provided to agencies up to 45 days after award. The feedback is anonymous, unless the participant self-identifies in the survey. Actual and potential offerors can participate in the survey by selecting the following link: https://www.acquisition.gov/360.
(b)The Contracting Officer will not review the information provided until after contract award and will not consider it in the award decision. The survey is voluntary and does not convey any protections, rights, or grounds for protest. It creates a way for actual and potential offerors to provide the Government constructive feedback about the preaward and debriefing processes, as applicable, used for a specific acquisition.
(End of provision)
FAR 52.252-1 Solicitation Provisions Incorporated by Reference FEB 1998 https://www.acquisition.gov/
52.204-20 Predecessor of Offeror AUG 2020
(a) Definitions. As used in this provision–
Commercial and Government Entity (CAGE) code means–
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense
Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the
NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.
Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.
Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name.
The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
(b) The Offeror represents that it □ is or □ is not a successor to a predecessor that held a Federal contract or grant within the last three years.
(c) If the Offeror has indicated "is" in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):
Predecessor CAGE code:____________ (or mark "Unknown").
Predecessor legal name: ____________.
(Do not use a "doing business as" name).
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.
https://www.acquisition.gov/far/part-52#FAR_52_204_25
(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…
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