Sol_140P9725Q0025.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

PAK

Anchorage AK 99501-2327 240 W. 5th Ave, Room 114 NPS, ARO - Alaska Regional Office

0011283391 CODE 16. ADMINISTERED BYCODE

X

X

X

332420

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORPAK

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

04/28/2025 1700 AD

04/18/2025

9076443313Francisco Velasco (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140P9725Q0025

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 56 0044007947OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

Sitka AK 99835-7617 103 Monastery St.

NPS, Sitka NHP

15. DELIVER TO

Anchorage AK 99501-2327 240 W. 5th Ave, Room 114

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

NPS, ARO - Alaska Regional Office

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

An award from this RFQ will result in a firm fixed price order

Delivery: 08/01/2025 Period of Performance: 05/04/2025 to 08/01/2025

00010 Replace Fuel Tank Product/Service Code: Z2NA Product/Service Description: REPAIR OR ALTERATION Continued ...

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

Francisco Velasco

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REFERENCE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

OF FUEL SUPPLY FACILITIES

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

56 2 of

GENERAL INFORMATION:

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 contemplates 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) 140P9725Q0025 A WRITTEN SOLICITATION WILL NOT BE ISSUED. FAR clauses and provisions enclosed within this RFQ are those in effect through Federal Acquisition Circular (FAC) 2025-03 and are available in full text through Internet access at http:// www.acquisition.gov/far/.

Point of Contact(s):

Francisco Velasco Contracting Officer Contracting Operations West Francisco_Velasco@nps.gov | 907-644-3313

The acquisition is in support of Sitka National Historical Park

This is a 100% Total Small Business Set Aside. The North American Industry Classification System (NAICS) code is 332420 Metal Tank (Heavy Gauge) Manufacturing. The small business size standard is 750 employees.

Award Selection Process:

Award will be made in accordance with FAR Part 13 to the offeror that provides the lowest price offer that meets the technical specifications.

1. Price.

2. Technical:

SOLICITATIONS ARE DUE April 28, 2025, 5:00 PM Alaska Standard Time

Vendor questions on RFQ accepted through 4/23/2025, 5:00 PM Alaska Standard Time

STATEMENT OF WORK

Replace Heating Fuel Above Ground Storge Tank at Visitor Center

1.0 PROJECT DESCRIPTION / SUMMARY:

Sitka National Historical Park (Sitka NHP) seeks to procure a contract to remove one existing 2,000-gallon Above Ground Storage Tank (AST) and replace it with new 1,350-gallon AST near the park’s Visitor Center. The current AST is nearing the end of its lifecycle and requires replacement.

2.0 OBJECTIVES:

To safely remove and dispose of the existing 2,000-gallon AST and replace with new 1,350-gallon AST.

Make all necessary connections between new tank and existing piping, leak detection system, and overfill alarm system. Ensure new tank is functioning as designed, all connections are working properly and are leak free.

3.0 BACKGROUND:

The existing 2,000-gallon steel double-wall AST is located on the southeast side of the park’s Visitor Center and is used to hold heating fuel for the Visitor Centers boiler heating system. This tank was installed around 1995 and is past the end of its expected service life. Past monthly and annual tank inspections have indicated surface rust on the tank’s interior and exterior finishes.

The tank is an above ground, welded steel, storage tank with integral secondary containment that sits on an existing 14 x 7-foot concrete pad. The tank gets filled via a buried 2-1/2 inch double-wall fuel oil piping supply line that runs under the Visitor Center and terminates at the northwest corner of the Visitor Center near the lower parking lot.

4.0 SPECIFIC WORK / TASKS:

This project will utilize a contractor to remove and properly dispose of one existing 2,000-gallon AST and furnish/install new 1,350-gallon AST. This work will be completed using the following processes.

a. Staging Area: Contractor will be allowed to use a portion of the park’s Visitor Center parking lot for staging of vehicles, equipment, and materials.

b. Site Access: Contractor will be allowed to access the tank location via the 8-foot-wide pedestrian gravel pathway from the lower parking lot that leads to the southeast corner of the building. This gravel trail is wide enough and stable enough to allow for such access and what park maintenance uses to access certain areas of the park with vehicles and equipment. As part of the required Safety Plan submittal, contractor is to indicate how they plan to address potential unsafe interactions with equipment and pedestrians when using this trail.

c. Removal: Disconnect, remove, and dispose of existing 2,000-gallon AST. AST is to be properly disposed of offsite, following all local, state, and federal disposal requirements.

d. Installation: Furnish and install new aboveground, welded steel, storage tank with integral secondary containment and a capacity of 1,350-gallons on existing concrete pad. Integral secondary environmental containment shall be sized to hold the capacity of the primary tank and designed to prevent outside water from entering the containment area. Tank shall have steel striker or impact plates under each shell penetration. The completed tank with accessories shall be factory tested and inspected in accordance with the manufacturer’s standard procedures. Integrity of both primary and secondary tanks shall be certified by manufacturer prior to shipment. Tank shall be mounted on steel skids and provided with all necessary piping connections, valves, gauges, vents as well as integrated inspection ladder/platform. Tank shall be painted with red oxide primer (or approved equal) and exterior oil-based paint (color TBD). Entire tank system shall be UL listed and constructed to meet seismic zone 4 requirements. Installation shall include completing all connections to existing 2-1/2 inch fuel oil supply line, boiler system supply line, leak detection system, overfill alarm system, and ensure all are in proper working order upon completion. Contractor shall be responsible for safely transferring any remaining heating fuel from old tank to new tank.

5.0 OPTIONAL WORK / TASKS:

N/A

6.0 GOVERNMENT FURNISHED EQUIPMENT / MATERIALS / OTHER:

National Park Service employees will remove and replace the wooden privacy fence in front of the tank to facilitate its replacement.

7.0 SPECIAL CONDITIONS / QUALIFICATIONS:

Contractor should have knowledge, experience, and/or abilities as outlined below:

a. Experience working on and/or around cultural and natural resources managed the National Park Service, a government, or private entities in an outdoor setting.

b. Ability to operate machinery near or in cultural and natural resource landscapes and ensure protection of these resources.

c. Understanding of the cultural and natural sensitivities and public optics of working in a historic park setting.

REQUIREMENTS:

a. All work to be completed will be done in a manner to minimize any impact to the historic buildings, landscape, cultural resources, and trail system. If any impact to historic building, landscape, cultural resources, or trail system is required, both Contract Officer and Park Resources Manager must be consulted and approve of work prior to its commencement.

b. The Contractor shall be responsible for the transportation, receipt, unloading, storage, security and handling of all equipment and materials required for the completion of this work.

c. The Contractor shall secure all material and equipment at the end of each working day. Trash and debris may be left on the work site but shall be secured/placed in designated waste containers protected from the weather or in an arranged space. No hazardous materials or waste may be left on site at the end of the workday.

d. The Contractor is responsible to follow Alaska Department of Environmental Conservation (DEC) procedures for any oil and hazardous substance releases and will be held responsible for any On- Site Management of Contaminated Soils. (http://www.hawaiidoh.org/TGM.aspx?p=0907d.aspx) for any spill and shall have competent personnel on site for these activities.

e. In accordance with FAR 52.236-7, the Contractor shall be liable for any damage caused to public or private property as a result of negligent acts by the Contractor, subcontractor, employee, agent, or representative of the Contractor.

f. All materials are the responsibility of the Contractor; Government will not reimburse contractor for stolen items or delivery related additional incurred costs (such as weather-related materials delays).

g. The Contractor shall remove and dispose of all waste material and construction debris and provide weight tickets from disposal/recycling to the Park Contact.

h. Use of government utilities:

1) Restroom use may be available at existing facilities. Access to be coordinated with Park contact.

i. Submittal requirements

1) Site-specific safety plan to indicate the location of expected operations, layout, and phasing of proposed construction safety barriers, safety monitoring responsibilities, and contact information for on-site personnel, description of required safety training and emergency response plans and procedures that relate to protection of employees and property.

2) Specifications on the following materials: new 1,350-gallon AST and related components.

j. Vehicle access and parking shall be limited to designated areas only/ Park proposed locations.

k. A Hot Work Permit will be required by the Park for any operation involving open flame or tasks that produce heat and/or sparks.

l. The Contractor shall furnish all necessary supplies, fuels, lubricants, solvents, parts, materials, equipment, products, tools, any other items, and all services that are required to perform this SOW.

m. The Contractor shall comply with the general terms of the overall contract with respect to construction quality control, inspections, and acceptance by the Government.

n. The park’s Safety Officer, COR or the CO may stop work at any time for a potential safety hazard. The CO is the only agent allowed to restart work which must be in writing.

8.0 PLACE OF PERFORMANCE:

a. PROJECT LOCATION: Sitka National Historical Park’s Visitor Center located at 106 Metlakatla Street in Sitka, AK.

b. SITE VISIT: The contractor is encouraged to visit the site prior submitting a proposal.

Contact: Jessy Bales (907) 747-0150

9.0 PERFORMANCE PERIOD / SCHEDULE REQUIREMENTS:

a. HOURS: All work shall be accomplished Monday through Friday from 0800 to 1600. Work outside of these hours or on Federal Holidays must be approved by the Contracting Officer.

b. 90 Days ARO

10.0 MAP & PHOTOS:

Map 1: Sitka National Historical Park location

Map 2: Sitka National Historical Park – Tank location

Map 3 – Contractor Site Access

Photo 1 – Existing 2,000-gallon AST

Photo 2 – Tank Area

Photo 3 – Gravel access path at southeast corner of building

Photo 4 – Fuel oil piping supply line connection at tank

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 in the System for Award Management or SAM at time an offer or quotation is submitted.

The offerors shall submit a quote to the contracting specialist by email to Francisco_Velasco@nps.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 1449 ☐

• All amendments acknowledged using one of the methods set forth in Box 11 of the SF-30, if applicable

• Completed Provisions (including 52.204-24, 52.204-26, and others as applicable) ☐

b) Price Schedule:

Item Number Description Price 10 Replace Fuel Tanks $

Total $

c) Contractor Core Data information:

Offerors Name:__________________________________________________________________

Offerors Address:________________________________________________________________

Offerors Unique Entity Identifier (UEI):_______________________________________________

Offerors POC:___________________________________________________________________

Offerors Phone/Email:_____________________________________________________________

d) Documentation that supports the following:

Technical is the factual documentation of the firm’s ability to meet the specifications.

A. Provide 2 examples of prior projects in the last 5 years highlighting work on/or around cultural and natural resources managed by either the National Park Service, another federal agency or state government entity, or private entities in an outdoor setting.

B. Provide 2 examples of prior projects in the last 5 years highlighting work utilizing machinery near or in cultural and natural resource landscapes while ensuring the protection of cultural and natural resources.

C. Provide 2 examples of successful delivery of at least two requirements similar in size and scope within the past five years.

52.252-2, Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.acquisition.gov

(End of Clause)

52.201-1 Acquisition 360: Voluntary Survey (Sep 2023) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Jun 2020) 52.203-17 Contractor Employee Whistleblower Rights (NOV2023) 52.204-8 Annual Representations and Certifications (JAN 2025)(Deviation FEB 2025) 52.204-13 System for Award Management. (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance. (AUG 2020) 52.207-6 Solicitation of offers from Small Business Concerns and Small Business Teaming Arrangements or Joint Ventures (Multiple-Award Contracts) (Dec 2022) 52.211-1 Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29 (SEP 2023) 52.211-2 Availability of Specifications, Standards, and Data Item Descriptions Listed in the Acquisition Streamlining and Standardization Information System (ASSIST) (SEP 2023) 52.212-1 Instructions to Offerors— Commercial Products and Commercial Services. (SEP 2023) 52.212-3 Offeror Representations and Certifications—Commercial Products and Services. (MAY 2024)(Deviation FEB 2025) 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (JAN 2025) (Deviation FEB 2025) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders— Commercial Products and Commercial Services (MAY 2024) 52.219-1 Small Business Program Representations. (SEP 2023) 52.219-8 Utilization of Small Business Concerns. (SEP 2023) 52.219-9 Small Business Subcontracting Plan. (SEP 2023) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) (DEVIATION FEB 2025) 52.222-12 Contract Termination—Debarment (MAY 2014) (DEVIATION FEB 2025) 52.219-28 Post-Award Small Business Program Representation. (SEP 2023) 52.222-19 Child Labor-Cooperation with Authorities and Remedies (DEC 2022) 52.223-1 Biobased Product Certification (MAY 2024) 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts (MAY 2024) 52.223-3 Hazardous Material Identification and Material Safety Data (MAY 2024) 52.223-4 Recovered Material Certification (MAY 2024) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2024) 52.223-6 Drug-Free Workplace (MAY 2001) is redesignated as 52.226-7 Drug-Free Workplace (MAY 2024) 52.223-7 Notice of Radioactive Materials (MAY 2024) 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2024) 52.223-10 Waste Reduction Program (MAY 2024) 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(MAY 2024)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) is http://www.acquisition.gov/ http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1895_263998 redesignated as 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) 52.223-19 Compliance with Environmental Management Systems (MAY 2024) 52.223-20 Aerosols (MAY 2024) 52.223-21 Foams (MAY 2024) 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation (MAY 2024) 52.223-23 Sustainable Products and Services (MAY 2024) 52.225-4 Buy American—Free Trade Agreements— Israeli Trade Act Certificate (DEC 2022) 52.225-5 Trade Agreements (DEC 2022) 52.225-11 Buy American—Construction Materials Under Trade Agreements. (DEC 2022) 52.225-23 Required Use of American Iron, Steel, and Manufactured Goods—Buy American Statute— Construction Materials Under Trade Agreements (Dec 2022) 52.226-7 Drug-Free Workplace (MAY 2024) 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) 52.228-12 Prospective Subcontractor Requests for Bonds (DEC 2022) 52.232-31 Invitation To Propose Financing Terms. (DEC 2022) 52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) 52.237-9 Waiver of Limitation on Severance Payments to Foreign Nationals (DEC 2022) 52.242-3 Penalties for Unallowable Costs (DEC 2022) 52.244-6 Subcontracts for Commercial Products and Commercial Services (JAN 2025)(Deviation FEB 2025) 52.247-34 F.o.b. Destination (Nov 1991) 52.204–28 Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) 52.204–29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures.

(DEC 2023)

52.204–30 Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC 2023) 52.212–3 Offeror Representations and Certifications—Commercial Products and Commercial Services.

(NOV 2023)

52.212–4 Contract Terms and Conditions—Commercial Products and Commercial Services. (NOV 2023) 52.212–5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services. (NOV 2023) 52.222-19 Child Labor – Cooperation with Authorities and Remedies. (NOV 2023) 52.225-3 Buy American—Free Trade Agreements—Israeli Trade Act. (NOV 2023) 52.225-4 Buy American—Free Trade Agreements— Israeli Trade Act Certificate (NOV 2023) 52.225-5 Trade Agreements (NOV 2023) 52.225-11 Buy American—Construction Materials Under Trade Agreements. (NOV 2023) 52.225-12 Notice of Buy American Requirement-Construction Materials Under Trade Agreements

((NOV 2023)

52.225-23 Required Use of American Iron, Steel, and Manufactured Goods—Buy American Statute— Construction Materials Under Trade Agreements (NOV 2023) 52.225-24 Notice of Required Use of American Iron, Steel, and Manufactured Goods-Buy American Statute-Construction Materials Under Trade Agreements (NOV 2023) https://www.acquisition.gov/far/part-52#FAR_52_204_28 https://www.acquisition.gov/far/part-52#FAR_52_204_28 https://www.acquisition.gov/far/part-52#FAR_52_204_29 https://www.acquisition.gov/far/part-52#FAR_52_204_29 https://www.acquisition.gov/far/part-52#FAR_52_204_30 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_212_4 https://www.acquisition.gov/far/part-52#FAR_52_212_5 https://www.acquisition.gov/far/part-52#FAR_52_212_5 https://www.acquisition.gov/far/part-52#FAR_52_222_19 https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://www.acquisition.gov/far/part-52#FAR_52_225_4 https://www.acquisition.gov/far/part-52#FAR_52_225_5 https://www.acquisition.gov/far/part-52#FAR_52_225_11 https://www.acquisition.gov/far/part-52#FAR_52_225_12 https://www.acquisition.gov/far/part-52#FAR_52_225_12 https://www.acquisition.gov/far/part-52#FAR_52_225_23 https://www.acquisition.gov/far/part-52#FAR_52_225_23 https://www.acquisition.gov/far/part-52#FAR_52_225_24 https://www.acquisition.gov/far/part-52#FAR_52_225_24

52.244–6 Subcontracts for Commercial Products and Commercial Services. (NOV 2023)

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. As prescribed in 4.2105(a), insert the following provision:

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 https://www.acquisition.gov/far/part-52#FAR_52_244_6 https://www.acquisition.gov/far/part-4#FAR_4_2105 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_25 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 https://www.sam.gov/

(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)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.As prescribed in 4.2105(b), insert the following clause:

PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

(a) Definitions. As used in this clause— Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment ;

or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country .

Critical technology means–

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

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

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

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

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

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

(i) Pursuant to multilateral regimes, including for reasons relating to national security, https://www.acquisition.gov/far/part-4#FAR_4_2105 chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export

Control Reform Act of 2018 (50 U.S.C. 4817).

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

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

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

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment , system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment , system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in

FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR

4.2104. 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.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or https://www.acquisition.gov/far/part-4#FAR_4_2104 https://www.acquisition.gov/far/part-4#FAR_4_2104

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information ; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known);

supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services , and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services .

(e) Subcontracts . The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial service.

52.204-26 Covered Telecommunications Equipment or Services-Representation.

As prescribed in 4.2105(c), insert the following provision:

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.

https://dibnet.dod.mil/ https://dibnet.dod.mil/ https://www.acquisition.gov/far/part-4#FAR_4_2105 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.sam.gov/

(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)

52.204-27 Prohibition on a ByteDance Covered Application.

As prescribed in 4.2203(c), insert the following clause:

PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)

(a) Definitions. As used in this clause—

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L.

117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, “No TikTok on Government Devices” Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees;

however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.

https://www.acquisition.gov/far/part-4#FAR_4_2203

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Award will be made in accordance with FAR Part 13 to the offeror that provides the lowest price offer that meets the technical specifications.

1. Price.

2. Technical: Technical is the factual documentation of the firm’s ability to meet the specifications.

D. Provide 2 examples of prior projects in the last 5 years highlighting work on/or around cultural and natural resources managed by either the National Park Service, another federal agency or state government entity, or private entities in an outdoor setting.

E. Provide 2 examples of prior projects in the last 5 years highlighting work utilizing machinery near or in cultural and natural resource landscapes while ensuring the protection of cultural and natural resources.

F. Provide 2 examples of successful delivery of at least two requirements similar in size and scope within the past five years.

(c) 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.

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision— “Covered telecommunications equipment or services” has the meaning provided in the clause 52.204- 25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

FAR 52.212-2 Evaluation – Commercial Products and Commercial Services NOV 2021

FAR 52.212-3 Offeror Representations and Certifications - Commercial Products and Commercial Services NOV 2023 https://www.sam.gov/ https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services-or-equipment#id1989I600I4C https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services-or-equipment#id1989I600I4C

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous…