A.02.01_Final_W9127S22Q0024_Combined Synopsis and Solicitation_RSO Herbicide.pdf

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 as supplemented with additional information in this notice. This announcement constitutes the only solicitation, quotes are being requested and a written solicitation will not be issued.

***PLEASE READ THESE INSTRUCTIONS CAREFULLY***

Solicitation number W9127S22Q0024 is issued as a request for quotation (RFQ).

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-04.

Set Aside, NAICS Code & Size Standard: This solicitation is being procured utilizing a Total Small Business Set- Aside. The NAICS Code is 541730, Landscaping Services, which has an applicable size standard of $8,000,000.00.

Description of requirements for the items to be acquired: This is a non-personnel services contract to provide for herbicide treatment for Russellville Site Office. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

Date(s) and place(s) of performance:

The performance locations any park or other managed area under the jurisdiction of Russellville Site Office.

The Period of Performance shall be for one (1) Base year up to 12 months and two (2) 12-month option years as follows.

Base Year - Date of award through 28 February 2023 Option Year I - 1 March 2023 through 29 February 2024 Option Year II - 1 March 2024 through 28 February 2025

SITE VISIT

WHEN: Thursday, March 10, 2022 at 10:00 AM CST WHERE: 1598 Lock and Dam Road, Russellville AR 72802 If your company will be attending the site visit please provide to Contract Specialist, Staci C. Allen, via email at staci.c.allen@usace.army.mil, No Later Than Tuesday, March 8, 2022 at 12:00 PM CST, the following information:

- Names and Titles of those attending

- Contact Information (Emails and phone numbers)

Quotes are due on Wednesday, March 16, 2022, at 12:00 PM CST.

Required Documents to Submit:

1. Request for Quotation cover page (signed)

2. Completed (filled in) Provisions, as applicable

3. Pricing Schedule with unit prices and total prices

4. Signed Amendments, as applicable

Email submission of quotations are required in .pdf form. Please ensure the solicitation number, W9127S22Q0024, is written in the subject line of your email.

Email your submission to staci.c.allen@usace.army.mil

If you have any questions regarding this solicitation, please contact:

Staci C. Allen Phone: 501.340.1254 Email: staci.c.allen@usace.army.mil

The provision at 52.212-1, Instructions to Offerors – Commercial, applies to this acquisition and a statement regarding any addenda to the provision.

The provision at 52.212-2, Evaluation – Commercial Items, is not applicable to this solicitation. Award will be made solely on price.

Offerors are required to include a completed copy of the provision at 52.212-3 Alt I, Offeror Representations and Certifications – Commercial Items, with its quote.

The clause at 52.212-4, Contract Terms and Conditions – Commercial Items, applies to this acquisition.

The clause at 52.212-5 (Deviation), Contract Terms and Conditions Required To Implement Statutes Or Executive Orders – Commercial Items, applies to this acquisition.

*Please see the Clauses Incorporated by Reference section for additional FAR Clauses applicable to this acquisition.

REQUEST FOR QUOTATION COVER PAGE

US Army Corps of Engineers, Little Rock District Contracting Division, Attention: Staci C. Allen

700 West Capitol Avenue, Room 7315 Little Rock, AR 72203

W9127S22Q0024, Russellville Site Office, IDIQ Herbicide Application

Quote Submitted by:

Offeror Name:

Offeror Address:

Offeror Telephone:

Offeror Email Address:

Offeror Point of Contact:

Offeror Tax Identification Number (TIN):

Offeror DUNS Number:

Offeror Cage Code:

Offeror Signature:

Date:

CLIN UNIT

ITEM DESCRIPTION QTY U/M PRICE AMOUNT

0001 Pre-Emergent Application - Navigation – Dard (1 Cycle) 15 ACRES 0002 Pre-Emergent Application - Hydropower –Dard (1 Cycle) 3 ACRES 0003 Pre-Emergent Application - Recreation - Dard (1 Cycle) 6 ACRES 0004 Pre-Emergent Application - Joint - Dard (1 Cycle) 40 ACRES 0005 Bare Ground Application - Navigation - Dard (2 Cycle) 30 ACRES 0006 Bare Ground Application - Hydropower - Dard (3 Cycle) 9 ACRES 0007 Bare Ground Application - Recreation - Dard (2 Cycle) 12 ACRES 0008 Bare Ground Application - Joint - Dard (1 Cycle) 40 ACRES 0009 Pre-Emergent Application - Navigation - Ozark (1 Cycle) 3 ACRES 0010 Pre-Emergent Application - Hydropower - Ozark (1 Cycle) 8 ACRES 0011 Pre-Emergent Application - Recreation - Ozark (1 Cycle) 4 ACRES 0012 Bare Ground Application - Navigation - Ozark (2 Cycle) 6 ACRES 0013 Bare Ground Application - Hydropower - Ozark (3 Cycle) 24 ACRES 0014 Bare Ground Application - Recreation - Ozark (2 Cycle) 8 ACRES 0015 Pre-Emergent Application - Navigation - River (1 Cycle) 6 ACRES 0016 Pre-Emergent Application - Recreation - River (1 Cycle) 4 ACRES 0017 Bare Ground Application - Navigation - River (2 Cycle) 12 ACRES 0018 Bare Ground Application - Recreation - River (2 Cycle) 8 ACRES 0019 Pre-Emergent Application - MISC AREAS 9680 SQ YARDS 0020 Bare Ground Application - MISC AREAS 9680 SQ YARDS

TOTAL -$

CLIN UNIT

ITEM DESCRIPTION QTY U/M PRICE AMOUNT

1001 Pre-Emergent Application - Navigation – Dard (1 Cycle) 15 ACRES 1002 Pre-Emergent Application - Hydropower –Dard (1 Cycle) 3 ACRES 1003 Pre-Emergent Application - Recreation - Dard (1 Cycle) 6 ACRES 1004 Pre-Emergent Application - Joint - Dard (1 Cycle) 40 ACRES 1005 Bare Ground Application - Navigation - Dard (2 Cycle) 30 ACRES 1006 Bare Ground Application - Hydropower - Dard (3 Cycle) 9 ACRES 1007 Bare Ground Application - Recreation - Dard (2 Cycle) 12 ACRES 1008 Bare Ground Application - Joint - Dard (1 Cycle) 40 ACRES 1009 Pre-Emergent Application - Navigation - Ozark (1 Cycle) 3 ACRES 1010 Pre-Emergent Application - Hydropower - Ozark (1 Cycle) 8 ACRES 1011 Pre-Emergent Application - Recreation - Ozark (1 Cycle) 4 ACRES 1012 Bare Ground Application - Navigation - Ozark (2 Cycle) 6 ACRES 1013 Bare Ground Application - Hydropower - Ozark (3 Cycle) 24 ACRES 1014 Bare Ground Application - Recreation - Ozark (2 Cycle) 8 ACRES 1015 Pre-Emergent Application - Navigation - River (1 Cycle) 6 ACRES 1016 Pre-Emergent Application - Recreation - River (1 Cycle) 4 ACRES 1017 Bare Ground Application - Navigation - River (2 Cycle) 12 ACRES 1018 Bare Ground Application - Recreation - River (2 Cycle) 8 ACRES 1019 Pre-Emergent Application - MISC AREAS 9680 SQ YARDS 1020 Bare Ground Application - MISC AREAS 9680 SQ YARDS

BID SCHEDULE

SUPPLIES OR SERVICES AND PRICES/COSTS

BASIC PERIOD - PROVIDE SERVICES FOR HERBICIDE APPLICATION FOR THE PERIOD 01 MAR 2022 THRU 28 FEB 2023.

OPTION PERIOD 01 - PROVIDE SERVICES FOR HERBICIDE APPLICATION FOR THE PERIOD 01 MAR 2023 THRU 28 FEB 2024.

TOTAL -$

CLIN UNIT

ITEM DESCRIPTION QTY U/M PRICE AMOUNT

2001 Pre-Emergent Application - Navigation – Dard (1 Cycle) 15 ACRES 2002 Pre-Emergent Application - Hydropower –Dard (1 Cycle) 3 ACRES 2003 Pre-Emergent Application - Recreation - Dard (1 Cycle) 6 ACRES 2004 Pre-Emergent Application - Joint - Dard (1 Cycle) 40 ACRES 2005 Bare Ground Application - Navigation - Dard (2 Cycle) 30 ACRES 2006 Bare Ground Application - Hydropower - Dard (3 Cycle) 9 ACRES 2007 Bare Ground Application - Recreation - Dard (2 Cycle) 12 ACRES 2008 Bare Ground Application - Joint - Dard (1 Cycle) 40 ACRES 2009 Pre-Emergent Application - Navigation - Ozark (1 Cycle) 3 ACRES 2010 Pre-Emergent Application - Hydropower - Ozark (1 Cycle) 8 ACRES 2011 Pre-Emergent Application - Recreation - Ozark (1 Cycle) 4 ACRES 2012 Bare Ground Application - Navigation - Ozark (2 Cycle) 6 ACRES 2013 Bare Ground Application - Hydropower - Ozark (3 Cycle) 24 ACRES 2014 Bare Ground Application - Recreation - Ozark (2 Cycle) 8 ACRES 2015 Pre-Emergent Application - Navigation - River (1 Cycle) 6 ACRES 2016 Pre-Emergent Application - Recreation - River (1 Cycle) 4 ACRES 2017 Bare Ground Application - Navigation - River (2 Cycle) 12 ACRES 2018 Bare Ground Application - Recreation - River (2 Cycle) 8 ACRES 2019 Pre-Emergent Application - MISC AREAS 9680 SQ YARDS 2020 Bare Ground Application - MISC AREAS 9680 SQ YARDS

TOTAL -$

TOTAL BASE YEAR + OPTIONS -$

OPTION PERIOD 02 - PROVIDE SERVICES FOR HERBICIDE APPLICATION FOR THE PERIOD 01 MAR 2024 THRU 28 FEB 2025.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government 0010 Destination Government Destination Government 0011 Destination Government Destination Government 0012 Destination Government Destination Government 0013 Destination Government Destination Government 0014 Destination Government Destination Government 0015 Destination Government Destination Government 0016 Destination Government Destination Government 0017 Destination Government Destination Government 0018 Destination Government Destination Government 0019 Destination Government Destination Government 0020 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 1005 Destination Government Destination Government

1006 Destination Government Destination Government 1007 Destination Government Destination Government 1008 Destination Government Destination Government 1009 Destination Government Destination Government 1010 Destination Government Destination Government 1011 Destination Government Destination Government 1012 Destination Government Destination Government 1013 Destination Government Destination Government 1014 Destination Government Destination Government 1015 Destination Government Destination Government 1016 Destination Government Destination Government 1017 Destination Government Destination Government 1018 Destination Government Destination Government 1019 Destination Government Destination Government 1020 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 2005 Destination Government Destination Government 2006 Destination Government Destination Government 2007 Destination Government Destination Government 2008 Destination Government Destination Government 2009 Destination Government Destination Government 2010 Destination Government Destination Government 2011 Destination Government Destination Government 2012 Destination Government Destination Government 2013 Destination Government Destination Government 2014 Destination Government Destination Government 2015 Destination Government Destination Government 2016 Destination Government Destination Government 2017 Destination Government Destination Government 2018 Destination Government Destination Government 2019 Destination Government Destination Government 2020 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 18-MAR-2022 TO

28-FEB-2023

N/A RUSSELLVILLE PROJECT OFFICE

JENNIFER HOBAN

1598 LOCK & DAM ROAD

RUSSELLVILLE AR 72802-8462

501-340-1747 FOB: Destination

96722S

0002 POP 18-MAR-2022 TO

28-FEB-2023

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

96722S

0003 N/A (SAME AS PREVIOUS LOCATION)

96722S

0004 N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

96722S

0005 N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

96722S

0006 N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

96722S

0007 N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

96722S

0008 N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

96722S

0009 N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

96722S

0010 N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

96722S

0011 N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

96722S

0012 N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

96722S

0013 N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

96722S

0014 N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

96722S

0015 N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

96722S

0016 N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

96722S

0017 N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

96722S

0018 N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

96722S

0019 N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

96722S

0020 N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

96722S

POP 18-MAR-2022 TO

28-FEB-2023

POP 18-MAR-2022 TO

28-FEB-2023

POP 18-MAR-2022 TO

28-FEB-2023

POP 18-MAR-2022 TO

28-FEB-2023

POP 18-MAR-2022 TO

28-FEB-2023

POP 18-MAR-2022 TO

28-FEB-2023

POP 18-MAR-2022 TO

28-FEB-2023

POP 18-MAR-2022 TO

28-FEB-2023

POP 18-MAR-2022 TO

28-FEB-2023

POP 18-MAR-2022 TO

28-FEB-2023

POP 18-MAR-2022 TO

28-FEB-2023

POP 18-MAR-2022 TO

28-FEB-2023

POP 18-MAR-2022 TO

28-FEB-2023

POP 18-MAR-2022 TO

28-FEB-2023

POP 18-MAR-2022 TO

28-FEB-2023

POP 18-MAR-2022 TO

28-FEB-2023

POP 18-MAR-2022 TO

28-FEB-2023

POP 18-MAR-2022 TO

28-FEB-2023

POP 01-MAR-2023 TO

29-FEB-2024

N/A (SAME AS PREVIOUS LOCATION)

1002 N/A (SAME AS PREVIOUS LOCATION)

96722S

1003 N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

96722S

1004 N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

96722S

1005 N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

96722S

1006 N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

96722S

1007 N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

96722S

1008 N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

96722S

1009 N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

96722S

1010 N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

96722S

1011 N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

96722S

1012 N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

96722S

1013 N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

96722S

1014 N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

96722S

1015 N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

96722S

1016 N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

96722S

1017 N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

96722S

1018 N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

96722S

POP 01-MAR-2023 TO

29-FEB-2024

POP 01-MAR-2023 TO

29-FEB-2024

POP 01-MAR-2023 TO

29-FEB-2024

POP 01-MAR-2023 TO

29-FEB-2024

POP 01-MAR-2023 TO

29-FEB-2024

POP 01-MAR-2023 TO

29-FEB-2024

POP 01-MAR-2023 TO

29-FEB-2024

POP 01-MAR-2023 TO

29-FEB-2024

POP 01-MAR-2023 TO

29-FEB-2024

POP 01-MAR-2023 TO

29-FEB-2024

POP 01-MAR-2023 TO

29-FEB-2024

POP 01-MAR-2023 TO

29-FEB-2024

POP 01-MAR-2023 TO

29-FEB-2024

POP 01-MAR-2023 TO

29-FEB-2024

POP 01-MAR-2023 TO

29-FEB-2024

POP 01-MAR-2023 TO

29-FEB-2024

POP 01-MAR-2023 TO

29-FEB-2024

POP 01-MAR-2023 TO

29-FEB-2024

N/A (SAME AS PREVIOUS LOCATION)

1020 N/A (SAME AS PREVIOUS LOCATION)

96722S

2001 N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

96722S

2002 N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

96722S

2003 N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

96722S

2004 N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

96722S

2005 N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

96722S

2006 N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

96722S

2007 N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

96722S

2008 N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

96722S

2009 N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

96722S

2010 N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

96722S

2011 N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

96722S

2012 N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

96722S

2013 N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

96722S

2014 N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

96722S

2015 N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

96722S

2016 N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

96722S

2017 N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

96722S

POP 01-MAR-2023 TO

29-FEB-2024

POP 01-MAR-2024 TO

28-FEB-2025

POP 01-MAR-2024 TO

28-FEB-2025

POP 01-MAR-2024 TO

28-FEB-2025

POP 01-MAR-2024 TO

28-FEB-2025

POP 01-MAR-2024 TO

28-FEB-2025

POP 01-MAR-2024 TO

28-FEB-2025

POP 01-MAR-2024 TO

28-FEB-2025

POP 01-MAR-2024 TO

28-FEB-2025

POP 01-MAR-2024 TO

28-FEB-2025

POP 01-MAR-2024 TO

28-FEB-2025

POP 01-MAR-2024 TO

28-FEB-2025

POP 01-MAR-2024 TO

28-FEB-2025

POP 01-MAR-2024 TO

28-FEB-2025

POP 01-MAR-2024 TO

28-FEB-2025

POP 01-MAR-2024 TO

28-FEB-2025

POP 01-MAR-2024 TO

28-FEB-2025

POP 01-MAR-2024 TO

28-FEB-2025

POP 01-MAR-2024 TO

28-FEB-2025

N/A (SAME AS PREVIOUS LOCATION)

2019 POP 01-MAR-2024 TO

28-FEB-2025

N/A (SAME AS PREVIOUS LOCATION)

2020 POP 01-MAR-2024 TO

28-FEB-2025

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-7 System for Award Management OCT 2018 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities

JUL 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

DEC 2021

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

DEC 2021

52.217-4 Evaluation Of Options Exercised At The Time Of Contract Award

JUN 1988

52.217-5 Evaluation Of Options JUL 1990 52.219-1 Alt I Small Business Program Representations (SEP 2021)

Alternate I

SEP 2015

52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-41 Service Contract Labor Standards AUG 2018 52.222-50 Combating Trafficking in Persons DEC 2021 52.222-55 Minimum Wages for Contractor Workers Under Executive

Order 14026

JAN 2022

52.223-1 Biobased Product Certification MAY 2012 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items

MAY 2008

52.223-15 Energy Efficiency in Energy-Consuming Products MAY 2020 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases DEC 2021 52.226-6 Promoting Excess Food Donation to Nonprofit Organizations JUN 2020 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2021

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2021

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.225-7048 Export-Controlled Items JUN 2013 252.225-7974 (Dev) Representation Regarding Business Operations with the

Maduro Regime (DEVIATION 2020-O0005)

FEB 2020

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--

Prohibition on Fees and Consideration

APR 2020

252.239-7098 (Dev) Prohibition on Contracting to Maintain or Establish a Computer Network Unless Such Network is Designed to Block Access to Certain Websites - Representation.

(Deviation 2021-O0003)

APR 2021

252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-

Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

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

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

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

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

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

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

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

52.204-25 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.

(End of clause)

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (NOV 2021)

(a) Definition. Commercially available off-the-shelf (COTS) item, as used in this clause--

(1) Means any item of supply (including construction material) that is--

(i) A commercial product (as defined in paragraph (1) of the definition of "commercial product" in Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

(b) The Government suspends or debars Contractors to protect the Government's interests. Other than a subcontract for a commercially available off-the-shelf item, the Contractor shall not enter into any subcontract, in excess of the threshold specified in FAR 9.405-2(b) on the date of subcontract award, with a Contractor that is debarred, suspended, or proposed for debarment by any executive agency unless there is a compelling reason to do so.

(c) The Contractor shall require each proposed subcontractor whose subcontract will exceed the threshold specified in FAR 9.405-2(b) on the date of subcontract award, other than a subcontractor providing a commercially available off-the-shelf item, to disclose to the Contractor, in writing, whether as of the time of award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, or proposed for debarment by the Federal Government.

(d) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party (other than a subcontractor providing a commercially available off-the-shelf item) that is debarred, suspended, or proposed for debarment (see FAR 9.404 for information on the System for Award Management (SAM) Exclusions). The notice must include the following:

(1) The name of the subcontractor.

(2) The Contractor's knowledge of the reasons for the subcontractor being listed with an exclusion in SAM.

(3) The compelling reason(s) for doing business with the subcontractor notwithstanding its being listed with an exclusion in SAM.

(4) The systems and procedures the Contractor has established to ensure that it is fully protecting the Government's interests when dealing with such subcontractor in view of the specific basis for the party's debarment, suspension, or proposed debarment.

(e) Subcontracts. Unless this is a contract for the acquisition of commercial products or commercial services, the Contractor shall include the requirements of this clause, including this paragraph (e) (appropriately modified for the identification of the parties), in each subcontract that--

(1) Exceeds the threshold specified in FAR 9.405-2(b) on the date of subcontract award; and

(2) Is not a subcontract for commercially available off-the-shelf items.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021) ALTERNATE I (OCT 2014)

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

(a) Definitions. As used in this provision--

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

"Forced or indentured child labor" means all work or service—

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

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

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

"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

"Sensitive technology"—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

"Service-disabled veteran-owned small business concern"—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern"—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

"Small disadvantaged business concern, consistent with 13 CFR 124.1002," means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

"Subsidiary" means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

"Veteran-owned small business concern" means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

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

(b)

(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically…