2031ZA25R00001_0_US Final.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

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

OFFER

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

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

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

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

2031ZA25R00001

TABLE OF CONTENTS:

1. Listing of Incorporated Purchase Requisitions

2. Section B - Supplies or Services and Prices/Costs

3. Section C - Description/Specifications/Work Statement

4. Section D - Packaging and Marking

5. Section E - Inspection and Acceptance Terms

6. Section F - Delivery or Performance

7. Section G - Contract Administration Data

8. Section H - Special Contract Requirements

9. Section I - Contract Clauses

10. Section J - List of Documents, Exhibits, and other Attachments

11. Section K - Representations, Certifications, and Other Statements of Offerors

12. Section L - Instructions, Conditions and Notices to Offerors

13. Section M - Evaluation Factors for Award

1. Listing of Incorporated Purchase Requisitions

Incorporated Purchase Requisition Numbers:

2. Section B - Supplies or Services and Prices/Costs

Item Number

Base Item Number

Supplies/Services Quantity Unit

0001 Municipal solid non-hazardous waste removal

6 MONTH

Contract Type:Firm Fixed Price Unit Price

Extended Price

Description:

D.C facility-loading dock, 30-yard open topped containers pulled on a daily basis. Period of Performance:

12/18/2024 - 06/17/2025.

Purchase Requisitions

IDC Type: Not Applicable

Base Item

Number Supplies/Services Quantity Unit

0002 8 yd. Landover Monthly Trash Pulls 6 MONTH Contract Type:Firm Fixed Price

Unit Price Extended Price

Description:

Landover Warehouse facility, the 8-yard container pulled on a bi-weekly schedule. Period of Performance:

12/18/2024 - 06/17/2025.

Base Item

Number Supplies/Services Quantity Unit

0003 30 yd. Landover Monthly Trash Pulls

6 MONTH

Contract Type:Firm Fixed Price Unit Price

Extended Price

Description:

Landover Warehouse facility, 30-yard container pulled on a monthly schedule. Period of Performance: 12/18/2024 - 06/17/2025.

Clauses incorporated by reference

None

Clauses incorporated by full text

3. Section C - Description/Specifications/Work Statement

Terms and Conditions Statement of Work

SECTION I: Background

1. The Bureau of Engraving and Printing (BEP) in Washington, DC and the Landover Warehouse facilities require a services contract to provide municipal solid non-hazardous waste removal.

SECTION II: Purpose

2.1 Product, Service or Outcome Needed: The Bureau of Engraving and Printing in Washington, DC requires, two 30-yard dumpsters that shall be service once a day each, and a Landover Warehouse facility with an 8-yard container with bi-weekly scheduled collections and the 30-yard, open top container pulled once a month. Not to exceed (NTE) 45 tons per month.

2.2 Scope of the Product, Service, or Outcome: The Contractor shall provide all personnel, equipment, tools, materials, vehicles, supervision, and other items and services necessary to perform municipal solid non-hazardous waste removal, including construction and demolition debris.

SECTION III: Technical Requirements/Tasks/Outcomes

3.1 Basic Services: The Contractor shall provide all personnel, equipment, tools, materials, vehicles, supervision, and other items and services necessary to perform municipal solid non-hazardous waste removal, to include construction and demolition debris. Services will be conducted at the Bureau of Engraving and Printing (BEP) Annex facility and Landover Warehouse facility.

3.2 Schedule: The Contractor shall collect all municipal solid non-hazardous waste, to include construction and demolition debris. No changes permitted to the schedule without COR approval.

At the D.C facility-loading dock, 30-yard open topped containers will have bi-weekly scheduled collections of waste Monday through Saturday except Federal Holidays. During the BEP's Year-End-Shutdown (Y.E.S), between Christmas and New Year's Day waste is only picked up once or twice (To be prescheduled). It is the contractor's responsibility to schedule all pickups. Normal dock hours are between 8:30AM. and dock closure at 2:00PM.

At the Landover Warehouse facility, the 8-yard container will have bi-weekly scheduled collections and the 30-yard, open top container, will have monthly schedule collection Normal operational hours are between 7:00AM and 3:00PM, except Federal holidays and the BEP's Y.E.S period. The cost of these pulls shall be billed as a monthly firm fixed price.

3.3 Equipment and Collection: At the DC Facility, the Contractor shall provide two 30-yard open top, roll- off type containers at all times. At a minimum at least one container will be pulled each day, but any container more than half-full will also be pulled. Pulls for 30-yard containers average 550 per year. Not to Exceed (NTE) 45 tons a month.

At the Landover Warehouse facility, the Contractor shall provide an 8-yard container, pulled bi-weekly, and a 30-yard, open top, roll-off type container, pulled monthly. COR shall be notified within 48 hours that pull and replacement is completed within 48 hours.

Pulls for one 8-yard container are 26 per year.

Pulls for one 30-yard container are 12 per year.

Cumulative 38 pulls per year.

3.4 Off-Site Disposal: The Contractor shall transport and dispose of all waste at a licensed disposal site selected by the Contractor. Disposal shall be in accordance with existing local, state, and federal regulations. The Contractor shall be responsible for any permit or fees associated with the use of disposal locations. Recycling shall take place to the extent possible.

3.5 Equipment and Maintenance: The Contractor shall maintain all Contractor provided containers ensuring they are free of graffiti, unpleasant odors, dirt, debris, and pests. All containers must remain in good, workable condition. The contractor will replace damaged containers within 24-hours of notification by COR. The Contractor shall perform all cleaning, painting, repair, and other maintenance tasks off-site. On a daily basis, the contractor's trucks and trailers used for collection shall be free of odor, dirt, debris, and pests.

3.6 Containers and Collection Area: Contractor shall return containers to their original location after servicing, and they must remain easily accessible. The Contractor will be responsible for immediately cleaning up any spills, debris, etc., which may occur during the servicing of containers. At no time shall the BEP be without the required containers for a period exceeding one hour in a twenty-four-hour period.

3.7 Height Restrictions: The maximum allowable height for vehicles entering the Annex Loading Dock is 12 foot 6 inches.

Vehicles exceeding the maximum height limitation will not be granted access.

3.8 Ceiling: The area inside the dock has a maximum height of 13 feet and contains a sprinkled ceiling. The contractor shall take care not to disturb or damage the sprinklers or ceiling. Contractor will be responsible for costs of any repairs to sprinklers or ceiling, and any secondary damage resulting from such damage. Any special equipment required to comply with the maximum allowable heights for vehicles is the contractor's responsibility.

3.9 Reports and Records: The Contractor shall provide a monthly report to the COR by the 15th day of each month detailing total tonnage of waste materials collected and total tonnage of waste materials recycled.

3.10 Deliverables:

SOW

Paragrap h

Deliverable Due Date Deliverable Recipient

Deliverable Format

3.12 The contractor shall

provide Equipment Delivery IAW 3.12 of

SOW.

8:00 AM First Day of

POP

Job Site N/A

3.3 The contractor shall

provide Equipment and

DC: At least one container will be

Job Site N/A collection services IAW

3.3 of SOW.

pulled each day, but any container more than half-full will also be pulled

Landover: 8-yard container will have bi-weekly collections

3.5 The contractor shall

provide equipment and maintenance service IAW

3.6 of SOW.

Inspected each service/damaged container replacement within 24-hours of notification by COR.

Job Site N/A

3.9 The contractor shall

provide timely reports and records IAW with 3.10 of

SOW.

15th of every Month COR PDF/MS Word/Email Microsoft Word 2003 (or higher) format

3.11 Special Delivery Instructions: Dumpsters shall be delivered by 8:00AM on the first day of the period of performance.

The Bureau of Engraving and Printing (BEP) Annex Facility located at 14th and C Streets, S.W. Washington, DC 20228 requires two 30-yard dumpsters.

The Landover Warehouse facility located at 3201 Pennsylvania Drive, Landover, Maryland, 20785 requires one 8-yard container and one 30-yard, open top container.

3.12 Performance/ Delivery Period: The period of performance shall be for 6 months. The Period of Performance reads as follows:

Base Period December 18, 2024 ? June 17, 2025

3.13 Place/ Location of Performance/ Delivery:

Bureau of Engraving and Printing (BEP) Annex Facility

4th and C Streets, S.W.

Washington, DC 20228

Landover Warehouse Facility

3201 Pennsylvania Drive

Landover, Maryland, 20785

3.14 Special Requirements.

3.14.1 Contracting Officer Representative (COR): The (COR) will be identified by separate letter issued by the CO. The COR monitors all technical aspects of the Contract and assists in Contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract;

perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, specifications; monitor Contractor's performance and notifies both the CO and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the Contract.

3.14.2 Physical Security: The Contractor shall be responsible for safeguarding all government equipment, information and property provided for Contractor use under this Contract. This Contract requires access into the Controlled Industrial Area of the BEP. The Contractor personnel shall recognize that BEP deals with sensitive information and other proprietary information, which are valuable, special, and unique assets. All information pertinent to BEP's information technology resources is highly sensitive and may not be released to third parties without the express, written consent of BEP. This information requires strict control procedures to preclude unauthorized disclosure or dissemination. Information pertinent to personnel is protected from unauthorized disclosure under the provisions of the Privacy Act of 1974 (5 U.S.C. 552a). Contractor personnel shall not divulge, disclose, or communicate in any manner, any information to any third party without prior written consent of the BEP.

Contractor personnel shall protect information and treat it as strictly confidential and will abide by the security requirements of BEP. A violation of this paragraph shall be a material violation of this Contract. Should the Contractor receive or suspect they have learned of sensitive or classified information, the Contractor shall identify and report suspicions to the COR. Contractor personnel performing work under this Contract shall be subjects of background investigations, conducted by BEP's Office of Personnel Security, prior to start of work under this Contract. Each Contractor employee performing under this Contract must successfully complete the Government required background check form at time of the proposal submission, and must maintain the level of security required for the life of the Contract.

3.14.3 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed. All Contractor personnel shall clearly identify themselves as a Contractor and shall be required to wear identification (ID) badges in a visible location on the front of exterior clothing, above the waist, (except when safety or health reasons prevent such placement). ID badges shall be worn at all times when performing work. ID badges shall have an identification picture, and shall state the name of the individual and the company they represent. Contractor personnel are prohibited from possessing weapons, firearms or ammunition, on themselves or within their Contractor-owned or privately owned vehicle while on BEP premises.

3.14.4 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this Contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the CO immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the CO to avoid or mitigate any such OCI. The Contractor's mitigation plan will be determined to be acceptable solely at the discretion of the CO and in the event the CO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the CO may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

3.14.5 NON-PERSONAL SERVICE STATEMENT: Contractor employees performing services under this Contract will be controlled, directed, and supervised at all times by management personnel of the Contractor. Contractor management will ensure that employees properly comply with the performance work standards outlined in the SOW. Contractor employees will perform their duties independent of, and without the supervision of, any Government official or other Government Contractor. The tasks, duties, and responsibilities set forth in this Contract may not be interpreted or implemented in any manner that results in any Contractor employee creating or modifying Federal policy, obligating the appropriated funds of the United States Government, overseeing the work of Federal employees, providing direct personal services to any Federal employee, or otherwise violating the prohibitions set forth in Parts 7.5 and 37.1 of the Federal Acquisition Regulation (FAR). The Government will control access to its facility and will perform the inspection and acceptance of the completed work.

3.14.6 The Bureau of Engraving and Printing (BEP) in Washington, DC Annex Facility-loading dock, 30-yard open topped containers will have daily scheduled collections of waste Monday through Saturday except Federal Holidays, during the BEP's Year-End-Shutdown (Y.E.S), between Christmas and New Year's Day waste is only picked up once or twice (To be prescheduled). It is the contractor's responsibility to schedule all pickups. Normal dock hours are between 8:30AM. and dock closure at 2:00PM. The Landover Warehouse facility, the 8-yard container will have bi-weekly scheduled collections and the 30-yard, open top container, will be pulled on an "On call basis". Normal operational hours are between 7:00AM and 3:00PM, except Federal holidays and the BEP's Y.E.S period.

Federal Government Holidays: Contractor is not required to perform services on holidays.

New Year's Day 1st day of January

Martin Luther King Jr.'s Birthday 3rd Monday of January

Presidents Day 3rd Monday of February

Memorial Day Last Monday of May

Juneteenth 19th day of June

Independence Day 4th day of July

Labor Day 1st Monday of September

Columbus Day 2nd Monday of October

Veterans Day 11th day of November

Thanksgiving Day 4th Thursday of November

Christmas Day 25th day of December

3.14.7 Environmental: The Contractor shall fully comply with all local, state, and federal laws and regulations regarding sanitation and waste disposal.

3.14.8 Safety: The contractor must chock wheels of vehicle to prevent truck movement. The contractor must turn truck engine off except when required for loading and unloading containers. The contractor is responsible for the safety & health of their employees and BEP personnel while working on-site and shall comply with relevant EPA and OSHA regulations while on Bureau premises.

3.14.9 Loading Dock: Contractor shall comply with BEP Document 75D-04.0-14 Loading Dock to the extent necessary.

SECTION IV: Applicable Documents

4.1 None.

SECTION V: Requirements for Handling Sensitive, Classified, and/or Proprietary Information

5.1 Not applicable.

SECTION VI: Government Furnished Resources and Information

6.1 Not applicable.

Version 11-18-2024

4. Section D - Packaging and Marking

5. Section E - Inspection and Acceptance Terms

6. Section F - Delivery or Performance

Line Item: 0001 Period Of Performance Start Date Period Of Performance End Date Period Of Performance Address

12/18/24 6/17/25

BEP-ECF

14th and C Streets, S.W.

Washington

US 20228-0001

Line Item: 0002

12/18/24 6/17/25

BEP-LND

3201 Pennsy Drive Landover

US 20785-1603

Line Item: 0003

12/18/24 6/17/25

BEP-LND

3201 Pennsy Drive Landover

US 20785-1603

7. Section G - Contract Administration Data

Requesting Office Address

BEP-AD_DCRF

Bureau of Engraving and Printing Assoc. Director - DC Replacement Facility 301 14th Street SW Washington DC 20228-0001 Phone: (202) 874-0132 Fax:

Contact Details:

Brown, Patrick Zortomou Patrick.Brown@bep.gov

COR Office Address

BEP-OFS

Bureau of Engraving and Printing Office of Facilities Support 301 14th Street SW Washington DC 20228-0001 Phone: (202) 874-0132 Fax:

Contact Details:

Brown, Patrick Zortomou Patrick.Brown@bep.gov

Issuing Office Address

BEP-ACQUISITION

Bureau of Engraving and Printing Office of Acquisition 301 14th Street SW Washington DC 20228-0001 Phone: Fax:

Contact Details:

Baran, Dawn Marie Dawn.Baran@bep.gov

8. Section H - Special Contract Requirements

9. Section I - Contract Clauses

Terms and Conditions Contract Terms and Conditions

CLAUSE

NUMBER

TITLE DATE

52.202-1 Definitions JUN 2020

52.203-5 Covenant Against Contingent Fees MAY 2014

52.203-6 Alt 1 Restrictions on Subcontractor Sales to the Government Alt1 JUN 2020

52.203-7 Anti-Kickback Procedures JUN 2020

52.203-17 Contractor Employee Whistleblower Rights NOV 2023

52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities

DEC 2023

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 ByteDance Covered Application JUN 2023

52.204-29 Federal Acquisition Supply Chain Security Act Orders?Representation and Disclosures

DEC 2023

52.212-1 Instructions to Offerors?Commercial Products and Commercial Services SEP 2023

52.212-2 Evaluation?Commercial Products and Commercial Services NOV 2021

52.212-4 Contract Terms and Conditions?Commercial Products and Commercial Services

NOV 2023

52.222-50 Combating Trafficking in Persons NOV 2021

52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran?Representation and Certifications

JUN 2020

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving MAY 2020

52.232-1 Payments APR 1984

52.233-3 Protest after Award AUG 1996

52.243-1 Changes-Fixed-Price AUG 1987

52.244-6 Subcontracts for Commercial Products and Commercial Service FEB 2024

52.246-4 Inspection of Services-Fixed-Price AUG 1996

52.249-2 Termination for Convenience of the Government (Fixed-Price) APR 2012

52.252-1 Solicitation Provisions Incorporated by Reference FEB 1998

52.252-2 Clauses Incorporated by Reference FEB 1998

Terms and Conditions

Section I

52.203-5 Covenant Against Contingent Fees (May 2014)

Covenant Against Contingent Fees (May 2014)

52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020) Alternate I (Nov 2021)

Restrictions on Subcontractor Sales to the Government (Jun 2020) Alternate I

52.203-7 Anti-Kickback Procedures (Jun 2020)

Anti-Kickback Procedures (Jun 2020)

52.203-17 Contractor Employee Whistleblower Rights (Nov 2023)

Contractor Employee Whistleblower Rights (Nov 2023)

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

Incorporation by Reference of Representations and Certifications (Dec 2014)

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023)

(a) Definitions. As used in this clause?

Kaspersky Lab covered article means any hardware, software, or service that

(1) Is developed or provided by a Kaspersky Lab covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky Lab covered entity;

or

(3) Contains components using any hardware or software developed in whole or in part by a Kaspersky Lab covered entity.

Kaspersky Lab covered entity means

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., Kaspersky;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any Kaspersky Lab covered article. The Contractor is prohibited from?

(1) Providing any Kaspersky Lab covered article that the Government will use on or after October 1, 2018; and(2) Using any Kaspersky Lab covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement.

(1) In the event the Contractor identifies a Kaspersky Lab covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, 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 (c)(1) of this clause:

(i) Within 3 business days from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) 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 report pursuant to paragraph (c)(1) 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 a Kaspersky Lab covered article, any reasons that led to the use or submission of the Kaspersky Lab covered article, and any additional efforts that will be incorporated to prevent future use or submission of Kaspersky Lab covered articles.

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

(End of clause)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

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)

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

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

(c)

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

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

(End of provision)

52.204-27 Prohibition on a ByteDance Covered Application (Jun 2023)

Prohibition on a ByteDance Covered Application (Jun 2023)

52.204-29 Federal Acquisition Supply Chain Security Act Orders?Representation and Disclosures (Dec 2023)

Federal Acquisition Supply Chain Security Act Orders?Representationand Disclosures (Dec 2023)

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

Instructions to Offerors?CommercialProducts and Commercial Services (SEP 2023)

52.212-2 Evaluation?Commercial Products and Commercial Services (Nov 2021)

(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:

Factor 1?Technical

Factor 2?Price

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(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.

(End of provision)

52.212-4 Contract Terms and Conditions?Commercial Products and Commercial Services (NOV 2023)

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

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

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

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

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

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

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

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

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice.

For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

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

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

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

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

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

(D) Contractor point of contact.

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

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C.

40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government

Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation ( 31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

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

(End of clause)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders?Commercial Products and Commercial Services (May 2024)

(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) ( 31U.S.C.3553).

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

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

[Contracting Officer check as appropriate.]

_x(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41U.S.C.4704 and 10 U.S.C. 4655).

_x(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41U.S.C.3509)).

_x (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?seeFAR 3.900(a).

_x (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31U.S.C.6101note).

__(6) [Reserved].

_x (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. 115390, title II).

__(11)

(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders?Prohibition.(Dec 2023) ( Pub. L. 115390, title II).

__(ii) Alternate I (Dec 2023) of 52.20430.

_x (12) 52.209-6, Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31U.S.C.6101note).

__(13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41U.S.C.2313).

__(14) [Reserved].

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

__(17) [Reserved]

__(18)

(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) ( 15U.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) ( 15U.S.C.644).

__(ii) Alternate I (Mar 2020) of…