70Z08424QDL940011_0_US.pdf

NOTICE TO OFFEROR

SOLICITATION NUMBER: 70Z08424QDL940011

The Department of Homeland Security (DHS), United States Coast Guard (USCG), Director of Operational Logistics (DOL) invites you to submit an offer via the Acquisition of Commercial Items and Simplified Procedures for Certain Commercial Items (cf. Federal Acquisition Regulation [FAR] Part 12 and 13.5), to provide commercial Recycling Collection and Disposal Services at U.S. Coast Guard Base Boriquen, Puerto Rico.

This requirement is being solicited as 100% Small Business Set Aside.

The North American Industry Classification System (NAICS) code 562111 (Solid Waste Collection) applies to this request for quotation (RFQ), and its size standard is $47 million.

PLEASE CAREFULLY READ THE ENTIRE SOLICITATION AND COMPLETE ALL

REQUIRED DOCUMENTATION. SEE SECTION V – PROPOSAL SUBMISSION

INSTRUCTIONS FOR THE LIST OF WHAT IS REQUIRED TO BE SENT WITH YOUR

QUOTATION.

ALL AMENDMENTS TO THE SOLICITATION SHALL BE ACKNOWLEDGED IN

WRITING.

Note: Only send questions/concerns to the Contract Specialist listed on the SF-1449 or, if not available, to the Primary Contracting Officer listed in this solicitation. DO NOT ask or submit questions/concerns regarding this solicitation to any other USCG or government personnel.

United States Coast Guard Ombudsman Program

It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest.

Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program.

Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for reasons of unusual and compelling urgency or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e).

Formal protests filed under the OPAP program shall be submitted electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting Officer.

The Ombudsman Hotline telephone number is (202) 372-3695.

https://www.acquisition.gov/far/index.html https://www.acquisition.gov/far/index.html mailto:OPAP@uscg.mil

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 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 NUMBER

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

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

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 Government 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: REFERENCE 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. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

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

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

STOCK RECORD (S/R)

STANDARD FORM 1449 (REV. 11/2021) BACK

19.

ITEM NUMBER

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 RECEIVED (MM/DD/YYYY) 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. EMAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

70Z08424QDL940011

TABLE OF CONTENTS:

Section II: Continuation of SF1449 Section III: Contract Clauses Section IV: List of Documents, Exhibits, and other Attachments Section V: Solicitation Provisions

Section III: Contract Clauses

Clauses incorporated by reference

None

Clauses incorporated by full text

USCG

SECTION I – CONTINUATION PAGES FOR SF 1449

Continuation of SF-1449 Block 15: Deliver To

Deliver To: USCG Base Boriquen. See Performance Work Statement (PWS) for more details.

Place of Acceptance on behalf of the Government: USCG Base Boriquen, Aguadilla, PR

Continuation of SF-1449 Block 16: Administered By (Contract Management)

Notwithstanding the Contractor's responsibility for total management during the performance of the contract, the administration of the contract will require maximum coordination between the Government and the Contractor. The individuals listed below will be the Government points of contact during the performance period.

The U. S. Coast Guard LOG-94, Contracting Section, Coast Guard Island, BLDG 54C, Alameda CA, 94501-5100 will affect all contract administration. Communication pertaining to contractual administrative matters shall be addressed to the Contracting Officer, Mrs. Terry E. Craft, Changes in, or deviation from, the scope of work will not be affected without a written modification to the contract as executed by the Contracting Officer.

Contract Administration: Mr. Christopher U. Columbres, serves as the point of contact between the Contractor, Contracting Officer and Contracting Officer's Representative (COR); however, does not have a warrant that provides the authority to contractually commit the Government. Communications pertaining to contractual administrative matters shall be addressed to the Contracting Officer (KO) or the Contract Specialist (KS). Changes in, or deviations from, the PWS or terms and conditions of the contract shall not be affected without written modification to the contract as executed by a LOG-9

KO.

The Contracting Officer's Representative (COR) is a Government employee designated in writing by the KO to act as a technical advisor for the KO for services/items within the scope of the contract. The COR performs functions such as review and/or inspection and acceptance of supplies and services and of a technical nature. A designation letter will set forth the name of the COR/CORs and the authorities and limitations of the COR(s) under the contract. This person does not have a warrant that provides the authority to contractually commit the Government or to modify any terms and conditions of a contract.

Continuation of SF1449 - Block 18b/Invoice Submission

All invoices from the Contractor shall be submitted electronically IAW FAR 52.232.33, Payment by Electronic Funds Transfer-System for Award Management. "Electronic submission of Invoices is mandatory"

1. The Contractor shall submit a monthly invoice for services via the Invoice Processing Platform (IPP) at https://www.ipp.gov/. IPP is a government-wide, secure web-based payment information service offered free of charge to government agencies and their suppliers by the U.S. Department of Treasury's Bureau of the Fiscal Service. It requires enrollment if you are not yet enrolled.

The point of contact you provided in your SAM.gov registration will receive two emails from ipp.noreply@mail.eroc.twai.gov if your entity is not already enrolled in IPP:

1. The first email will have the IPP Logon ID and a link to the IPP application.

2. A second email, which will be sent within 24 hours of the first email, contains an IPP password. Once your contact receives these emails, please ensure they log into IPP and complete the registration process.

Training materials that address all IPP capabilities are available on the IPP website after login.

Once registered to use IPP, your company may submit payment requests, receive e-mail notifications when requests are paid, view payment history, and access remittance downloads. The e-mail notification of payment is sent when a payment is distributed to your bank account and may include the following payment information:

Date of payment, dollar amount, invoice number, paying agency, payee name, and ACH trace number.

IPP Customer Support is available to assist users of the system and can answer your questions related to accessing IPP or completing the registration process.

• Toll-free number: 866-973-3131

• Email address: IPPCustomerSupport@fiscal.treasury.gov

• Hours of operation: Monday through Friday (excluding bank holidays) from 8:00 am - 6:00 pm ET

2. The Contractor shall attach a single PDF file no larger than 3MB as the official invoice.

https://www.ipp.gov/ mailto:ipp.noreply@mail.eroc.twai.gov

3. Supporting documentation must be combined in a single PDF file or submitted to your contracting office separately via email. Supporting documentation must not exceed 999 pages.

4. A proper invoice shall have the following information clearly indicated on each invoice: (i) Name and address of the Contractor; (ii) Invoice date and number (the Contractor is encouraged to date invoices as close as possible to the date of the mailing transmission); (iii) Contract number, contract line item number and, if applicable the order number; (iv) Description, quantity, unit of measure, unit price, and extended price of the items delivered or services performed; (v) terms of any discount for prompt payment offered; (vi) Name and address of official to whom payment is sent; (vii) Name, title, and phone number of person to be notified in the event of a defective invoice; (viii) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice; (ix) Electronic funds transfer (EFT) banking information; (x) UEI number recorded on every invoice submitted.

5. If you have difficulties sending your invoice, contact the Finance Center's Customer Service Team at (757) 523-6940.

6. A copy of the Invoice and Supporting documentation shall also be e-mailed to the assigned contract specialist, COR, and LOG-94 invoice support personnel prior to or immediately after submitting your invoice to the IPP system as described above. Failure to do this may result in the delay of payment. These POCs will be given at time of award.

Continuation of SF-1449 Blocks 19-24: Schedule of Supplies/Services

See Attachment 1 for the Schedule of Services and Unit Prices for the offeror to fill out. The Contractor shall price the services all-inclusive in accordance with the schedule, taking into consideration any cost of living increases and inflation for each additional year. The Contractor shall not escalate labor rates that are covered under wage determinations (exempt wages excluded) since, at each option year renewal, any updated wage determinations/amendments to collective bargaining agreement will be incorporated at which time the Contractor may request a wage adjustment in accordance with the Service Contract Labor Standards clauses/provisions of this contract.

Firm Fixed Price Monthly Service

BASE YEAR: 05/01/2024 – 04/30/2025

CLIN SCHEDULE OF SERVICES QTY Unit Unit Price Total

00001 Monthly Work (Fixed Services)

00001AA Collect a quantity of 243 / 95-gallons Refuse Containers from Housing and Other Areas once a week

52 WK $0.00 $-

00001AB Collect a quantity of 7 / 6-cubic yards Refuse Containers at AIRSTA Boriquen once a week per Section 2.1

52 WK $0.00 $-

00001AC Collect 1 / 6-Cubic yards Refuse Container at AIRSTA Boriquen Lighthouse once a month per Section 2.1

12 MO $0.00 $-

00001AD Collect Housing Recycling Center twice a month per Section 2.2

12 MO $0.00 $-

Total CLIN 00001AA-00001AD $-

00001AE Collect a quantity of 2 / 6-cubic yard Refuse Containers at Ramey School twice a week (Tuesday and Friday)

52 WK $0.00 $-

Total for CLIN 00001 $-

00002 Optional – Estimated Quantities of Work

00002AA 20-cy Refuse Containers – Bulk Items 24 EA $0.00 $-

00002AB Hangar Recycling Center 24 EA $0.00 $-

00002AC 20-cy Recycling Container – Vegetative Material 24 EA $0.00 $-

00002AD 20-cy Refuse Containers – Wooden Pallets 12 EA $0.00 $-

Total for CLIN 00002

TOTAL FOR BASE AND ALL OPTION YEARS $-

Firm Fixed Price Monthly Service

OPTION YEAR 1: 05/01/2025 – 04/30/2026

10001 Monthly Work (Fixed Services)

10001AA Collect a quantity of 243 / 95-gallons Refuse Containers from Housing and Other Areas once a week

52 WK $0.00 $-

10001AB Collect a quantity of 7 / 6-cubic yards Refuse Containers at AIRSTA Boriquen once a week per Section 2.1

52 WK $0.00 $-

10001AC Collect 1 / 6-Cubic yards Refuse Container at AIRSTA Boriquen Lighthouse once a month per Section 2.1

12 MO $0.00 $-

10001AD Collect Housing Recycling Center twice a month per Section 2.2

12 MO $0.00 $-

Total CLIN 10001AA-10001AD $-

10001AE Collect a quantity of 2 / 6-cubic yard Refuse Containers at Ramey School twice a week (Tuesday and Friday)

52 WK $0.00 $-

Total for CLIN 10001

10002 Optional – Estimated Quantities of Work

10002AA 20-cy Refuse Containers – Bulk Items 24 EA $0.00 $-

10002AB Hangar Recycling Center 24 EA $0.00 $-

10002AC 20-cy Recycling Container – Vegetative Material 24 EA $0.00 $-

10002AD 20-cy Refuse Containers – Wooden Pallets 12 EA $0.00 $-

Total for CLIN 10002

Total for Option Year 1 $-

OPTION YEAR 2: 05/01/2026 – 04/30/2027

20001 Monthly Work (Fixed Services)

20001AA Collect a quantity of 243 / 95-gallons Refuse Containers from Housing and Other Areas once a week

52 WK $0.00 $-

20001AB Collect a quantity of 7 / 6-cubic yards Refuse Containers at AIRSTA Boriquen once a week per Section 2.1

52 WK $0.00 $-

20001AC Collect 1 / 6-Cubic yards Refuse Container at AIRSTA Boriquen Lighthouse once a month per Section 2.1

12 MO $0.00 $-

20001AD Collect Housing Recycling Center twice a month per Section 2.2

12 MO $0.00 $-

Total CLIN 20001AA-20001AD $-

20001AE Collect a quantity of 2 / 6-cubic yard Refuse Containers at Ramey School twice a week (Tuesday and Friday)

52 WK $0.00 $-

Total for CLIN 20001

20002 Optional – Estimated Quantities of Work

20002AA 20-cy Refuse Containers – Bulk Items 24 EA $0.00 $-

20002AB Hangar Recycling Center 24 EA $0.00 $-

20002AC 20-cy Recycling Container – Vegetative Material 24 EA $0.00 $-

20002AD 20-cy Refuse Containers – Wooden Pallets 12 EA $0.00 $-

Total for CLIN 20002

Total for Option Year 2 $-

OPTION YEAR 3: 05/01/2027 – 04/30/2028

30001 Monthly Work (Fixed Services)

30001AA Collect a quantity of 243 / 95-gallons Refuse Containers from Housing and Other Areas once a week

52 WK $0.00 $-

30001AB Collect a quantity of 7 / 6-cubic yards Refuse Containers at AIRSTA Boriquen once a week per Section 2.1

52 WK $0.00 $-

30001AC Collect 1 / 6-Cubic yards Refuse Container at 12 MO $0.00 $-

AIRSTA Boriquen Lighthouse once a month per Section 2.1

30001AD Collect Housing Recycling Center twice a month per Section 2.2

12 MO $0.00 $-

Total CLIN 30001AA-30001AD $-

30001AE Collect a quantity of 2 / 6-cubic yard Refuse Containers at Ramey School twice a week (Tuesday and Friday)

52 WK $0.00 $-

Total for CLIN 30001

30002 Optional – Estimated Quantities of Work

30002AA 20-cy Refuse Containers – Bulk Items 24 EA $0.00 $-

30002AB Hangar Recycling Center 24 EA $0.00 $-

30002AC 20-cy Recycling Container – Vegetative Material 24 EA $0.00 $-

30002AD 20-cy Refuse Containers – Wooden Pallets 12 EA $0.00 $-

Total for CLIN 30002

Total for Option Year 3 $-

OPTION YEAR 4: 05/01/2028 – 04/30/2029

40001 Monthly Work (Fixed Services)

40001AA Collect a quantity of 243 / 95-gallons Refuse Containers from Housing and Other Areas once a week

52 WK $0.00 $-

40001AB Collect a quantity of 7 / 6-cubic yards Refuse Containers at AIRSTA Boriquen once a week per Section 2.1

52 WK $0.00 $-

40001AC Collect 1 / 6-Cubic yards Refuse Container at AIRSTA Boriquen Lighthouse once a month per Section 2.1

12 MO $0.00 $-

40001AD Collect Housing Recycling Center twice a month per Section 2.2

12 MO $0.00 $-

Total CLIN 40001AA-40001AD $-

40001AE Collect a quantity of 2 / 6-cubic yard Refuse Containers at Ramey School twice a week (Tuesday and Friday)

52 WK $0.00 $-

Total for CLIN 40001

40002 Optional – Estimated Quantities of Work

40002AA 20-cy Refuse Containers – Bulk Items 24 EA $0.00 $-

40002AB Hangar Recycling Center 24 EA $0.00 $-

40002AC 20-cy Recycling Container – Vegetative Material 24 EA $0.00 $-

40002AD 20-cy Refuse Containers – Wooden Pallets 12 EA $0.00 $-

Total for CLIN 40002

Total for Option Year 4 $-

SECTION II – CONTRACT CLAUSES, TERMS and CONDITIONS

FAR Clause 52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 calendar days

FAR Clause 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 calendar days of the expiration of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

FAR Clause 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 these address(es):

• Federal Acquisition Regulation (FAR) and the Homeland Security Acquisition Regulation (HSAR):

o http://www.acquisition.gov or o https://www.acquisition.gov/hsar

FAR 52.202-1 Definitions Jun-2020

FAR 52.203-3 Gratuities Apr-1984

FAR 52.203-6 Restrictions on Subcontractor Sales to the

Government

Jun-2020

FAR 52.203-6 Alternative I Jun-2020

FAR 52.203-7 Anti-Kickback Procedures Jun-2020

FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions

Jun-2020

FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

May-2011

FAR 52.204-7 System for Award Management Oct-2018

FAR 52.204-9 Personal Identity Verification of Contractor Personnel Jan-2011

FAR 52.204-13 System for Award Management Maintenance Oct-2018

FAR 52.204-18 Commercial and Government Entity Code Maintenance Aug-2020

FAR 52.204-19 Incorporation by Reference of

Representations and Certifications

Dec-2014

FAR 52.204-24 Representation Regarding Certain

Telecommunications and Video Surveillance

Services or Equipment

Nov-2021

FAR 52.204-26 Covered Telecommunications Equipment or

Services-Representation

Oct-2020

FAR 52.208-9 Contractor Use of Mandatory Sources of Supply or Services

May-2014

FAR 52.209-9 Update of Publicly Available Information Regarding Responsibility Matters

Oct-2018

FAR 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

Nov-2015

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

Nov-2023

FAR 52.216-25 Contract Definitization Oct-2010

FAR 52.216-25 Alternate I Oct-2010

FAR 52.222-50 Combating Trafficking in Persons Nov-2021

FAR 52.222-50 Alternate I Nov-2021

FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service And Construction Contracts.

Sep-2013

FAR 52.223-3 Hazardous Material Identification and Material Safety Data

Feb-2021

FAR 52.223-5 Pollution Prevention and Right-to-Know Information May-2011

FAR 52.223-6 Drug-Free Workplace May-2001

FAR 52.223-10 Waste Reduction Program May-2011

FAR 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

Aug-2018

FAR 52.223-18 Encouraging Contractor Policies to Ban Text

Messaging While Driving

Jun-2020

FAR 52.225-13 Restrictions on Certain Foreign Purchases Feb-2021

FAR 52.225-25 Prohibition on Contracting With Entities

Engaging in Certain Activities or Transactions

Relating to Iran—Representation and

Certifications

Jun-2020

FAR 52.228-5 Insurance-Work on a Government Installation Jan-1997

FAR 52.229-3 Federal, State, and Local Taxes Feb-2013

FAR 52.232-1 Payments Apr-1984

FAR 52.232-18 Availability of Funds Apr-1984

FAR 52.232-39 Unenforceability of Unauthorized Obligations Jun-2013

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors

Mar-2023

FAR 52.233-3 Protest after Award Aug-1996

FAR 52.233-3 Alternative I Aug-1996

FAR 52.233-4 Applicable Law for Breach of Contract Claim Oct-2004

FAR 52.237-2 Protection of Government Buildings, Equipment and Vegetation

Apr-1984

FAR 52.237-3 Continuity of Services Jan-1991

FAR 52.242-13 Bankruptcy Jul-1995

FAR 52.242-15 Stop Work Order Aug-1989

FAR 52.244-6 Subcontracts for Commercial Products and

Commercial Services

Dec-2023

FAR 52.245-1 Government Property Sep-2021

FAR 52.245-9 Use and Charges Apr-2012

FAR 52.248-1 Value Engineering Jun-2020

HSAR 3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work

Dec-2003

HSAR 3052.223-90 Accident and Fire Reporting Dec-2003

HSAR 3052.211-70 Index for specifications Dec-2003

HSAR 3052.223-70 Removal or Disposal of Hazardous Substances – Applicable Licenses and Permits (30 days)

Jun-2006

HSAR 3052.223-90 Accident and Fire Reporting (USCG) Dec-2003

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.

FAR 52.204-25 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–

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

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

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

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

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

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

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

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

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

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

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

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

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

(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 services.

FAR 52.252-6 - Authorized Deviations in Clauses. (Nov 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Department of Homeland Security Acquisition Regulation (HSAR) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

HSAR Clause 3052.212.70 Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items (Sep 2012)

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:

(a) Provisions.

None.

(b) Clauses.

_X__ 3052.204-71 Contractor Employee Access.

_X__ 3052.205-70 Advertisement, Publicizing Awards, and Releases.

_X__ 3052.215-70 Key Personnel or Facilities.

_X__ 3052.228-70 Insurance.

_X__ 3052.242-72 Contracting Officer's Representative.

DHS Class HSAM Deviation, Limitation of Government's Obligation

The following clause provides for incremental funding and is a deviation to HSAM 3032.702(e). It is applicable during the event of a continuing resolution to fund government operations enacted by Congress until the regular appropriation is enacted. It would be applicable in this event during the base or any subsequent option years. In addition, written notice will provided in specific contract modifications.

(a) Contract line item(s) listed below are incrementally funded or fully funded as shown in the below table. For these item(s), the sum of $ * of the total price is presently available for payment and allotted to this contract. This funding table will be updated in each contract action that provides additional funds, if any.

CLIN CLIN Price Currently Allotted Funding

Funds Required for Complete Funding

(b) For item(s) identified in paragraph (a) as not fully funded, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement of authorized termination costs in the event of termination of those item(s) for the Government's convenience, does not exceed the total amount currently allotted to the items not fully funded under the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The total amount payable by the Government in the event of such termination of those contract line item(s) identified in paragraph (a) above includes costs, profit, and estimated/negotiated termination settlement costs for those item(s). The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the line items of the contract regardless of anything to the contrary in any other clause, such as the clause entitled "Termination for Convenience of the Government" or paragraph (l) entitled "Termination for the Government's Convenience" of the clause at FAR 52.212-4, "Commercial Terms and Conditions-Commercial Items."

(c) Notwithstanding paragraph (i) of this requirement, the Contractor will notify the Contracting Officer in writing at least __ thirty__ days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this contract. If after such notification additional funds are not allotted by the date identified in the Contractor's notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract authorizing termination for the convenience of the government, such as the clause entitled "Termination for Convenience of the Government" or paragraph

(l) entitled "Termination for the Government's Convenience" of the clause at FAR 52.212-4, "Commercial Terms and Conditions-Commercial Items."

(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph (a), the parties will agree as to the period of contract performance which will be covered by the funds. The provisions of paragraphs

(b) through (d) will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.

(e) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a).

(f) The termination provisions of paragraphs (a) through (i) do not limit the rights of the Government under the clause entitled "Default" or "Termination for Cause." The provisions of this clause are limited to the work and allotment of funds for the contract line item(s) set forth in paragraph (a). This clause no longer applies once the contract is fully funded.

(g) Nothing in this clause affects the right of the Government to terminate this contract pursuant to the clause of this contract entitled "Termination for Convenience of the Government" or paragraph (l) entitled "Termination for the Government's Convenience" of the clause at FAR 52.212-4, "Commercial Terms and Conditions-Commercial Items."

(h) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. 1342.

(i) The parties contemplate that the Government will allot funds to this contract from time to time as the need arises and as funds become available. There is no fixed schedule for providing additional funds.

Contractor Performance Evaluations.

(1) In accordance with FAR Subpart 42.15, Contractor Performance Information, the Contractor's performance may be evaluated throughout the contract (and task/delivery order) period of performance. The results will be compiled and reported in a Contractor Performance Report for use by this agency and other government agencies for future source selection decisions. The report will be compiled jointly by the COR and the KO. The KO will forward the report to the Contractor for comments. In the case of a contract with option years/ordering periods, interim reports will be completed.

(2) The areas to be evaluated include, but are not limited to: Quality, Schedule, Cost Control, Management, Utilization of Small Business, and Regulatory Compliance.

(3) Each area may be evaluated using the following scale: Exceptional, Very Good, Satisfactory, Marginal and Unsatisfactory.

(4) The Contractor Performance Assessment Reporting System (CPARS) may be used for all performance evaluations.

Copies of the reports will be maintained in the CPARS database and in hard copy in the official contract file.

(5) The results of the report will be provided to the Contractor who will be given a period of sixty (60) days to provide comments. All comments will be considered by the KO and reviewed in accordance with FAR 42.1503. The report will be marked "Source Selection Information" and safeguarded 'for official use only' in accordance with Federal Acquisition Regulation Part 3.104. Since there is a limitation of 2000 characters for each area evaluated, there may be an occasion that all evaluations and comments be manually addressed and maintained in the official contract file. If this is the case, each area will be annotated to contact the cognizant KO for all evaluation documentation.

Contractor's Releases.

The Government will require the Contractor to complete Contractor's Releases (DHS Form 700-3 or an equivalent form) at the completion of the contract.

Licenses and Permits.

The Contractor shall be responsible for obtaining any necessary licenses and permits, giving all notice and complying with any applicable federal, state, local, and municipal laws, codes, ordinances, and regulations in connection with the business carried on under this contract.

Other Government Contracts or Agreements:

The Government may undertake, award, obtain or enter into, other contracts or agreements to augment these services. The Contractor shall cooperate fully with such other Contractors, augmentees and Government employees. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other Contractor, augmentee, or Government employees, or with the proper execution of Government business.

Contractor employees and visitors (post-award access to government facilities):

All personnel employed by the Contractor (including subcontractors) in the performance of this contract or any representative of the Contractor entering the Government installation, shall abide by all applicable security regulations and shall be subject to such security checks as may be deemed necessary by the Government. The Government reserves the right to direct the

Contractor to remove from performance under this contract any employee for misconduct or security reasons. This will not relieve the Contractor from contract performance, or allow for any equitable adjustment to the contract. Contractor employees shall not receive visitors without the express permission of the Contracting Officer, COTR, or Security Officer. Contractor employees shall not loiter in any working, patron, or otherwise unauthorized area.

Modification proposals – price breakdown:

The Contractor, in connection with any proposal for a contract modification, shall furnish a price breakdown, itemized as required by the Contracting Officer. Unless otherwise directed, the price breakdown shall be in sufficient detail to permit an analysis of all material, labor, equipment and all other costs. The proposal shall cover all work involved in the modification, whether such work was deleted, added, or changed. Any item claimed for subcontracts shall be supported by a similar price breakdown. In addition, if the proposal includes time extension, a justification therefore shall also be furnished. The proposal together with the price breakdown and the time extension justification shall be furnished by the date specified by the

Contracting Officer.

Use of alcoholic beverages/drugs:

The use, possession or sale of alcoholic beverages or illegal drugs by Contractor personnel while on duty is strictly prohibited.

The Contractor shall immediately remove any employee who uses, possesses, or sells alcohol or drugs while on duty.

Removal of the employee for such causes does not relieve the Contractor of the requirement to provide sufficient personnel to adequately perform services.

Safety:

The contractor shall comply with all applicable Federal and State OSHA regulations, and all other international, Federal, State,and local safety requirements.

Contractor Provided Containers.

The Contractor agrees to furnish the necessary containers in the areas designated for refuse as listed within the Performance Work Statement (PWS – Attachment 2). The containers shall be kept painted by the Contractor and maintained throughout the life of the contract by the Contractor. A container that is not in compliance with the standards of the contract shall be repaired and/or replaced within two (2) workdays upon written notification by the Contracting Officer's Representative (COR).

Compliance with applicable state and federal requirements:

This contract is subject to, and in performing the work under this agreement, the Contractor shall abide by and comply with, all relevant statutes, ordinances, laws and regulations of the United States (including Executive Orders of the President) and any State (or other public authority, now or hereafter in force) and agrees to observe and comply with all applicable State and Federal requirements as to Social Security, Workmen's Compensation and Unemployment, and any other matters concerning employment applicable to the contract work, and he shall also abide by and comply with such rules, regulations, directions, and orders not inconsistent herewith as may from time to time be issued by the Government.

52.212-5 Contract Terms and Conditions Required To…