ATTACHMENT_07_-_140P8622Q0061_-_TERMS_AND_CONDITIONS.pdf

Solicitation / RFQ

140P8622Q0061

PURCHASE REQUEST

PR# 0040578813

Contract No:

Document Title:

Hazardous Materials Cleaning, Sampling and Assessment at For Cronkhite Building T-1111, Golden Gate National

Recreation Area (GOGA).

TABLE OF CONTENTS PAGE

SECTION A – Solicitation / Contract Form 05

SECTION B – Supplies or Services and Prices 06

SECTION C – Description and Specifications 07

SECTION D – Packaging and Marking 08

SECTION E – Inspections and Acceptance 09

SECTION F – Deliveries or Performance 10

SECTION G – Contract Administration Data 11

SECTION H – Special Contract Requirements 14

SECTION I – Contract Clauses 16

SECTION J – List of Documents, Exhibits and Other Attachments 21

SECTION K – Representations, Certifications and Other Statements of Offerors 22

SECTION L – Instructions, Conditions, and Notices to Offerors 33

SECTION M – Evaluation Factors for Award 37

SECTION A :

A.1 Continuation of Standard Form 18

SECTION B – BID SCHEDULE

B.1 Contract Price Schedule

The Contract Price Schedule has been provided as an attachment to this RFQ/Solicitation.

See Section J, Attachment 01 – Contract Price Schedule / Quotation Sheet

SECTION C - SPECIFICATIONS and DRAWINGS

C.1 Specifications and Drawings

The Contractor shall furnish all necessary services and supplies, transportations, appurtenances, qualified personnel and supervision for Hazardous Materials Cleaning, Sampling and Assessment at Fort

Cronkhite Building T-1111 detailed in the Statement of Work (SOW).

See Section J, Attachment 02 - Statement of Work

SECTION D – PACKAGING AND MARKING

D.1 Packaging

There are no clauses in this section.

SECTION E - INSPECTION AND ACCEPTANCE

E.1 – 52.252-2 Clauses Incorporated by Reference (Feb 1998)

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

http://www.acquisition.gov/far

Clause Title Date

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

Note:

The National Park Service, Golden Gate National Recreation Area (GOGA) reserved the rights to inspect and reject the products or services being received that does not pass the requirements and standards as stated in the Statement of Work (SOW).

SECTION F - DELIVERIES OR PERFORMANCE

F.1 52.252-2 Clauses Incorporated by Reference (FEB 1989)

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

https://www.acquisition.gov/far

52.242-14 Suspension of Work APR 1984

SECTION G :

G.1 Administration Data

1452.201-70 AUTHORITIES AND DELEGATIONS SEP 2011

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The

COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph

(e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph

(d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

G.2 Contract Specialist responsible for administering this contract:

MICHAEL GABRIEL

National Park Service

Bldg. 201, Fort Mason

San Francisco, California, 94123

Email: michael_gabriel@nps.gov

Contracting Officer’s Representative (COR) for this contract will be:

J. RICHARD MELBOSTAD

Golden Gate National Recreation Area

Building 201, Fort Mason

San Francisco, CA 94123

Office Phone: 415-622-5270

Email: richard_melbostad@nps.gov

The Contractor shall use the COR as the point of contact for all technical matters under the contract. Technical correspondence shall be addressed to the NPS COR, with an information copy of the basic correspondence to the Contract Specialist.

G.3 DOI – AAAP-0028 ELECTRONIC INVOICING AND PAYMENT

REQUIREMENTS – INVOICE PROCESSING PLATFORM (IPP) APR 2013

Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Invoice

Processing Platform System (IPP).

“Payment request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable

Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions –

Commercial Items included in commercial item contracts, The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

• The Contractor must upload their actual business invoice as an attachment when submitting their payment request through the IPP system.

The Contractor must use the IPP website to register, access, and use IPP for submitting requests for payment.

The Contractor Government business Point of Contact (as listed in SAM) will receive enrollment instruction via email from the Federal Reserve Bank of Boston (FRBB) within 3 – 5 business days of the contract award date.

mailto:michael_gabriel@nps.gov mailto:richard_melbostad@nps.gov

Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the

Contractor must submit a waiver request in writing to the Contracting Officer with its quotation.

G.4 CORRESPONDENCE

Copies of all correspondence and written notices between the Contracting Officer’s Representative and the

Contractor shall be sent to the cognizant Contract Specialist at the address below, or by email. All correspondence sent by email shall state the contract number in the subject line of the email.

Contract Specialist responsible for administering this contract:

MICHAEL GABRIEL

National Park Service

Bldg. 201, Fort Mason

San Francisco, California, 94123

Email: michael_gabriel@nps.gov

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 Interpretation of Contract – Notice of Ambiguities

(a) This written contract and any and all identified writings or documents incorporated by reference herein or physically attached hereto constitute the parties' complete agreement and no other prior or contemporaneous agreements either written or oral shall be considered to change, modify or contradict it. Any ambiguity in the contract will not be strictly construed against the drafter of the contract language but shall be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the intentions of the parties at the time of contracting.

(b) It shall be the obligation of the Contractor to exercise due diligence to discover and to bring to the attention of the Contracting Officer at the earliest possible time any ambiguities, discrepancies, inconsistencies, or conflicts in or between the specifications and the applicable drawings or other documents incorporated. Failure to comply with such obligation shall be deemed a waiver and release of any and all claims for extra costs or delay arising out of such ambiguities, discrepancies, inconsistencies, and conflicts.

H.2 – Workers Compensation

The Contractor is required to be insured against liability for workmen's compensation or to undertake self-insurance in accordance with the provisions of Section 3700 of the Labor Code of the State of California.

Evidence of coverage is required before commencement of project work.

H.3 – Site Specific Safety and Health Plan

A site-specific safety and health plan shall be prepared covering on-site work to be performed by the contractor and all subcontractors. The prime contractor shall be responsible for development, implementation, and oversight of the site-specific plan. The site-specific safety and health plan shall establish in detail, the protocols necessary for recognition, evaluation, and control of hazards associated with each task performed. The plan shall address site specific safety and health requirements and procedures based upon site specific conditions.

The level of detail provided in the site-specific safety and health plan shall be tailored to the type of work, complexity of operations to be performed, and hazards anticipated. The site-specific safety and health plan shall address, in as much detail as possible, anticipated tasks, their related hazards, and anticipated control measures.

As work proceeds, the site-specific safety and health plan shall be adapted to new situations and new conditions. Changes and modifications to the accepted site-specific safety and health plan shall be made with the knowledge and concurrence of the safety office, site superintendent, and contracting office.

Should any unforeseen hazard become evident during the performance of work, the contractor shall bring such hazard to the attention of the safety office and COR, both verbally and in writing for resolution as soon as possible. In the interim, necessary action shall be taken to re-establish and maintain safe working conditions in order to safeguard on-site personnel, visitors, the public, and the environment.

Prior to submittal to the COR, the site-specific safety and health plan shall be signed and dated by the prime contractor's safety and health manager and site superintendent. The site-specific safety and health plan shall be part of the contractor's safety and Health program. The contractor shall submit to the COR the contractor's site-specific safety and health plan for review and approval by the safety office.

Work performed under this contract shall comply with applicable federal, state, and local safety and occupational health laws and regulations, including adherence to any local government health orders in effect to reduce the rate of transmission of Novel Coronavirus Disease 2019 (“COVID-19”). This includes, but is not limited to, Occupational Safety and Health Administration (OSHA) standards, 29 CFR, Part 1910 and Part

1926. Where the requirements of applicable laws, criteria, ordinances, regulations, and referenced documents vary the most stringent requirements shall apply.

H.4 – Seasonal Shutdown

It is recognized that seasonal climatic conditions regularly occur in some of the National Park Service areas that are, in some cases, prohibit normal working activities. The actual timing of a seasonal shutdown will be determined by mutual agreement between the Contractor and the Contracting Officer. The Contractor shall give the Contracting Officer at least two weeks’ notice prior to the anticipated resumption of work. The actual date that work is resumed is subject to the approval of the Contracting Officer. The amount of time during a seasonal shutdown is taken into consideration when the completion time as stated in the Contract is determined.

Therefore, the contract time will not be extended due to seasonal shutdowns.

SECTION I - CONTRACT CLAUSES

I.1 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

https://www.acquisition.gov/far

52.202-1 Definitions. JUN 2020

52.203-5 Covenant Against Contingent Fees. MAY 2014

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

52.203-6 Alternate I NOV 2021

52.203-7 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Right.

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity.

MAY 2014

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. MAY 2014

52.203-13 Contractor Code of Business Ethics and Conduct. NOV 2021

52.203-15 Whistleblower Protection Under the American Recovery and Reinvestment Act of 2009

JUN 2010

52.203-16 Preventing Personal Conflicts of Interest JUN 2020

52.204-1 Approval of Contract DEC 1989

52.204-7 System for Award Management OCT 2018

52.204-7 Alternate I OCT 2018

52.204-8 Annual Representations and Certifications. JAN 2022

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-13 System for Award Management Maintenance OCT 2018

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

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

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

NOC 2021

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

NOV 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-26 Covered Telecommunications Equipment or Services-Representation. OCT 2020

52.208-9 Contractor Use of Mandatory Sources of Supply or Services. NOV 2014

52.209-1 Qualification Requirements FEB 1995

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.211-5 Material Requirements. AUG 2000

52.212-1 Instruction to Offerors – Commercial Items NOV 2021

52.212-3 Offeror Representations and Certifications – Commercial Items NOV 2021

52.212-3 Alternate I OCT 2014

52.212-4 Contract Terms and Conditions – Commercial Items NOV 2021

52.212-5 Contract Terms and conditions Required To Implement Statutes or Executive Orders – Commercial Items.

JAN 2022

52.212-5 Alternate I APR 2003

52.212-5 Alternate II NOV 2021

52.213-4 Terms and Conditions-Simplified Acquisitions (Other Than Commercial Items)

JAN 2022

52.214-3 Amendments to Invitations for Bids DEC 2016

52.214-4 Alternate I (False Statements in Bids) APR 1984

52.214-5 Submission of Bids DEC 2016

52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999

52.214-15 Period for Acceptance Period APR 1984

52.216-24 Limitation of Government Liability APR 1984

52.216-25 Contract Definitization OCT 2010

52.216-25 Alternate I APR 1984

52.217-4 Evaluation of Options Exercised at Time of Contract Award JUN 1988

52.217-5 Evaluation of Options JUL 1990

52.217-6 Option for Increased Quantity MAR 1989

52.217-7 Option for Increased Quantity-Separately Priced Line Item MAR 1989

52.219-6 Notice of Total Small Business Set-Aside NOV 2020

52.219-6 Alternate I MAR 2020

52.219-6 Alternate II

52.219-8 Utilization of Small Business Concerns OCT 2018

52.219-9 Small Business Subcontracting Plan NOV 2021

52.219-9 Alternate I NOV 2016

52.219-9 Alternate II NOV 2016

52.219-9 Alternate III JUN 2020

52.219-9 Alternate IV SEP 2021

52.219-14 Limitations on Subcontracting Plan SEP 2021

52.222-1 Notice to the Government of Labor Disputes FEB 1997

52.222-4 Contract Work Hours and Safety Standards-Overtime Compensation MAY 2018

52.222-20 Contracts for Materials, Supplies, Articles, and Equipment JUN 2020

52.222-26 Equal Opportunity SEP 2016

52.222-26 Alternate I FEB 1999

52.222-35 Equal Opportunity for Veterans JUN 2020

52.222-35 Alternate I JUL 2014

52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020

52.222-36 Alternate I JUL 2014

52.222-50 Combating Trafficking in Persons. NOV 2021

52.223-3 Hazardous Material Identification and Material Safety Data FEB 2021

52.223-3 Alternate I JUL 1995

52.223-18 Encouraging Contractor Policies to Ban Text messaging While Driving. JUL 2020

52.225-1 Buy American-Supplies NOV 2021

52.225-3 Buy American-Free Trade Agreements-Israeli Trade Act NOV 2021

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021

52.225-18 Place of Manufacture AUG 2018

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

JUN 2020

52.228-5 Insurance-Work on a Government Installtion JAN 1997

52.232-1 Payments APR 1984

52.232-16 Progress Payments NOV 2021

52.232-18 Availability of Funds APR 1984

52.232-25 Prompt Payment JAN 2017

52.232-25 Alternate I FEB 2002

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. NOV 2021

52.233-1 Disputes MAY 2014

52.233-1 Alternate I DEC 1991

52.233-2 Service of Protest SEP 2006

52.233-3 Protest after Award AUG 1996

52.233-3 Alternate I JUN 1985

52.233-4 Applicable law for Breach of Contract Claim OCT 2004

52.242-5 Payment to Small Business Subcontractors JAN 2017

52.242-17 Government Delay of Work APR 1984

52.243-1 Changes-Fixed-Price AUG 1987

52.243-1 Alternate I APR 1984

52.243-1 Alternate II APR 1984

52.243-1 Alternate III APR 1984

52.243-1 Alternate IV APR 1984

52.243-1 Alternate V 43. APR 1984

52.243-7 Notification of Changes JAN 2017

52.244-2 Subcontracts JUN 2020

52.242-2 Alternate I JUN 2020

52.244-6 Subcontracts for Commercial Items. JAN 2022

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

52.246-2 Alternate II JUL 1985

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

52.249-2 Alternate I SEP 1996

52.249-2 Alternate II SEP 1996

52.249-2 Alternate III SEP 1996

52.252-1 Solicitation Provisions Incorporated by Reference FEB 1998

52.252-2 Clauses Incorporated by Reference FEB 1998

I.2 –1452.203-70 Restrictions on Endorsements – Department of the Interior (Jul 1996)

The Contractor shall not refer to contracts awarded by the Department of the Interior in commercial advertising, as defined in FAR 31.205-1, in a manner which states or implies that the product or service provided is approved or endorsed by the Government or is considered by the Government to be superior to other products or services. This restriction is intended to avoid the appearance of preference by the Government toward any product or service. The Contractor may request the Contracting Officer to make a determination as to the propriety of promotional material.

I.3 – 1452.237-70 Information Collection – Department of the Interior (Jul 1996)

If performance of this contract requires the contractor to collect information on identical items from ten or more public respondents, no action shall be taken, or funds expended in the solicitation or collection of such information until the contractor has received from the Contracting Officer written notification that approval has been obtained from the Office of Management and Budget (OMB) pursuant to the Paperwork Reduction Act of

1980. The Contractor agrees to provide all information requested by the Contracting Officer which is necessary to obtain approval from OMB.

I.4 – 52.222-35 Equal Opportunity for Veterans (Jun 2020)

(a) Definitions. As used in this clause-

"Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at Federal Acquisition Regulation (FAR)22.1301.

https://www.acquisition.gov/far/22.1301#FAR_22_1301

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts valued at or above the threshold specified in FAR 22.1303(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal

Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

I.5 – Conduct of Operations

At all times the Contractor shall conduct his organization in conformance with the rules and regulations promulgated by the Secretary of the Interior for the National Park Service, and with such appropriate regulations as the Superintendent may prescribe. Work on Saturdays, Sundays, Federal holidays or at night may be performed only with the prior consent of the Contracting Officer.

https://www.acquisition.gov/far/22.1303#FAR_22_1303

SECTION J - LIST OF ATTACHMENTS

J.1 Contract Documents, Exhibits and Attachments

The following attachment(s) are incorporated herein and form a part of the Solicitation/Request for

Quotation (RFQ), and Contract/Order:

Attachment Number List of Documents, Exhibits, and Other Attachments

01 Contract Price Schedule / Quotation Sheet

02 Statement of Work (SOW)

03 Reports – FC T-1111 - April 4, 2022

04 Figure one, Photo 1

05 Figure one, Photo 2

06 DOL WD SCA – Marin County

07 Terms and Conditions (Commercial Clauses)

SECTION K – Representations, Certifications and Other Statements of Offerors

K.1 – 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

Provision Title Date

52.203-11 Certification and Disclosure Regarding Payments to

Influence Certain Federal Transactions

SEP 2007

52.203-18 Prohibition on Contracting with Entities that Require

Certain Internal Confidentiality Agreements or

Statements--Representation

JAN 2017

52.212-3 Offeror Representations and Certifications –

Commercial Items

NOV 2021

52.242-4 Contract Terms and Conditions – Commercial Items NOV 2021

52.214-5 Submission of Bids DEC 2016

K.2 – 1452.215-71 Use and Disclosure of Proposal Information – Department of the Interior

(Apr 1984)

(a) Definitions. For the purposes of this provision and the Freedom of Information Act (5 U.S.C. 552), the following terms shall have the meaning set forth below:

(1) “Trade Secret” means an unpatented, secret, commercially valuable plan, appliance, formula, or process, which is used for making, preparing, compounding, treating or processing articles or materials which are trade commodities.

(2) “Confidential commercial or financial information” means any business information (other than trade secrets) which is exempt from the mandatory disclosure requirement of the Freedom of

Information Act, 5 U.S.C. 552. Exemptions from mandatory disclosure which may be applicable to business information contained in proposals include exemption (4), which covers “commercial and financial information obtained from a person and privileged or confidential,” and exemption (9), which covers “geological and geophysical information, including maps, concerning wells.”

(b) If the offeror, or its subcontractor(s), believes that the proposal contains trade secrets or confidential commercial or financial information exempt from disclosure under the Freedom of Information Act, (5 U.S.C.

552), the cover page of each copy of the proposal shall be marked with the following legend:

“The information specifically identified on pages ______ of this proposal constitutes trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act. The offeror requests that this information not be disclosed to the public, except as may be required by law. The offeror also requests that this information not be used in whole or part by the government for any purpose other than to evaluate the proposal, except that if a contract is awarded to the offeror as a result of or in connection with the submission of the proposal, the Government shall have the right to use the information to the extent provided in the contract.”

(c) The offeror shall also specifically identify trade secret information and confidential commercial and financial information on the pages of the proposal on which it appears and shall mark each such page with the following legend:

“This page contains trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act and which is subject to the legend contained on the cover page of this proposal.”

(d) Information in a proposal identified by an offeror as trade secret information or confidential commercial and financial information shall be used by the Government only for the purpose of evaluating the proposal, except that (i) if a contract is awarded to the offeror as a result of or in connection with submission of the proposal, the

Government shall have the right to use the information as provided in the contract, and (ii) if the same information is obtained from another source without restriction it may be used without restriction.

(e) If a request under the Freedom of Information Act seeks access to information in a proposal identified as trade secret information or confidential commercial and financial information, full consideration will be given to the offeror's view that the information constitutes trade secrets or confidential commercial or financial information. The offeror will also be promptly notified of the request and given an opportunity to provide additional evidence and argument in support of its position, unless administratively unfeasible to do so. If it is determined that information claimed by the offeror to be trade secret information or confidential commercial or financial information is not exempt from disclosure under the Freedom of Information Act, the offeror will be notified of this determination prior to disclosure of the information.

(f) The Government assumes no liability for the disclosure or use of information contained in a proposal if not marked in accordance with paragraphs (b) and (c) of this provision. If a request under the Freedom of

Information Act is made for information in a proposal not marked in accordance with paragraphs (b) and (c) of this provision, the offeror concerned shall be promptly notified of the request and given an opportunity to provide its position to the Government. However, failure of an offeror to mark information contained in a proposal as trade secret information or confidential commercial or financial information will be treated by the

Government as evidence that the information is not exempt from disclosure under the Freedom of Information

Act, absent a showing that the failure to mark was due to unusual or extenuating circumstances, such as a showing that the offeror had intended to mark, but that markings were omitted from the offeror's proposal due to clerical error.

K.3 – 52.204-8 Annual Representations and Certifications (JAN 2022)

(a)

(1) The North American Industry Classification System (NAICS) code for this acquisition is 562910.

(2) The small business size standard is 750 – number of employees.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is

500 employees.

(b)

(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

(i) □ Paragraph (d) applies.

(ii) □ Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)

(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless–

(A) The acquisition is to be made under the simplified acquisition procedures in part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures;

or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal

Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality

Agreements or Statements-Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services-Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation.

(viii) 52.209-5, CertificationRegarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

https://www.acquisition.gov/content/52204-7-system-award-management#i1063838 https://www.acquisition.gov/content/52204-7-system-award-management#i1063838 https://www.acquisition.gov/content/52203-2-certificate-independent-price-determination#i1063268 https://www.acquisition.gov/content/part-13-simplified-acquisition-procedures#i1112458 https://www.acquisition.gov/content/52203-11-certification-and-disclosure-regarding-payments-influence-certain-federal-transactions#i1063408 https://www.acquisition.gov/content/52203-18-prohibition-contracting-entities-require-certain-internal-confidentiality-agreements-or-statements-representation#i52_203-18 https://www.acquisition.gov/content/52204-3-taxpayer-identification#i1063736 https://www.acquisition.gov/content/52204-7-system-award-management#i1063838 https://www.acquisition.gov/content/52204-5-women-owned-business-other-small-business#i1063796 https://www.acquisition.gov/content/52204-26-covered-telecommunications-equipment-or-services-representation#id19CAC0P0ESS https://www.acquisition.gov/content/52209-2-prohibition-contracting-inverted-domestic-corporations-representation#i1062479 https://www.acquisition.gov/content/52209-5-certification-regarding-responsibility-matters#i1062558

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony

Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast

Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative

Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-

Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its

Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its

Alternate II applies.

(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its

Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

https://www.acquisition.gov/content/52209-11-representation-corporations-regarding-delinquent-tax-liability-or-felony-conviction-under-any-federal-law#id165RA0UH01A https://www.acquisition.gov/content/52214-14-place-performance-sealed-bidding#i1059991 https://www.acquisition.gov/content/52215-6-place-performance#i1059247 https://www.acquisition.gov/content/52219-1-small-business-program-representations#i1057235 https://www.acquisition.gov/content/52219-2-equal-low-bids#i1057302 https://www.acquisition.gov/content/52222-22-previous-contracts-and-compliance-reports#i1055729 https://www.acquisition.gov/content/52222-26-equal-opportunity#i1055793 https://www.acquisition.gov/content/52222-25-affirmative-action-compliance#i1055782 https://www.acquisition.gov/content/52222-26-equal-opportunity#i1055793 https://www.acquisition.gov/content/52222-38-compliance-veterans’-employment-reporting-requirements#i1056289 https://www.acquisition.gov/content/52223-1-biobased-product-certification#i1052963 https://www.acquisition.gov/content/52223-2-affirmative-procurement-biobased-products-under-service-and-construction-contracts#i1052973 https://www.acquisition.gov/content/52223-4-recovered-material-certification#i1053040 https://www.acquisition.gov/content/52223-22-public-disclosure-greenhouse-gas-emissions-and-reduction-goals-representation#CDCHDCIFF4 https://www.acquisition.gov/content/52204-7-system-award-management#i1063838 https://www.acquisition.gov/content/52225-2-buy-american-certificate#i1053411 https://www.acquisition.gov/content/52225-1-buy-american-supplies#i1053372 https://www.acquisition.gov/content/52225-4-buy-american-free-trade-agreements-israeli-trade-act-certificate#i1053526 https://www.acquisition.gov/content/52225-3-buy-american-free-trade-agreements-israeli-trade-act#i1053446 https://www.acquisition.gov/content/52225-6-trade-agreements-certificate#i1053693 https://www.acquisition.gov/content/52225-5-trade-agreements#i1053648

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification.

This provision applies to all solicitations.

(xxiv) on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran—

Representation and Certifications., Prohibition on Contracting with Entities Engaging in Certain Activities or

Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation.

This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

__ (i) 52.204-17, Ownership or Control of Offeror.

__ (ii) 52.204-20, Predecessor of Offeror.

__ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

__ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.

__ (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.

__ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for

EPA–Designated Products (Alternate I only).

__ (vii) 52.227-6, Royalty Information.

__ (A) Basic.

__ (B) Alternate I.

__ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically in SAM website accessed through https://www.sam.gov. After reviewing the SAM information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

K.4 – 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 https://www.acquisition.gov/content/52225-20-prohibition-conducting-restricted-business-operations-sudan-certification#i1054426 https://www.acquisition.gov/content/52225-25prohibition-contracting-entities-engaging-certain-activities-or-transactions-relating-iran—representation-and-certifications#i1054876 https://www.acquisition.gov/content/52225-25prohibition-contracting-entities-engaging-certain-activities-or-transactions-relating-iran—representation-and-certifications#i1054876 https://www.acquisition.gov/content/52226-2-historically-black-college-or-university-and-minority-institution-representation#i1054999 https://www.acquisition.gov/content/52204-17-ownership-or-control-offeror#i1064305 https://www.acquisition.gov/content/52204-20-predecessor-offeror#id165VE00099X https://www.acquisition.gov/content/52222-18-certification-regarding-knowledge-child-labor-listed-end-products#i1055635 https://www.acquisition.gov/content/52222-48-exemption-application-service-contract-labor-standards-contracts-maintenance-calibration-or-repair-certain-equipment-certification#i1056493 https://www.acquisition.gov/content/52222-52-exemption-application-service-contract-labor-standards-contracts-certain-services-certification#i1056701 https://www.acquisition.gov/content/52223-9-estimate-percentage-recovered-material-content-epa-designated-items#i1053138 https://www.acquisition.gov/content/52227-6-royalty-information#i1052268 https://www.acquisition.gov/content/52227-15-representation-limited-rights-data-and-restricted-computer-software#i1052648 https://www.sam.gov/ https://www.acquisition.gov/content/41201-policy#i1121876 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 Items. 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) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The

Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the

Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.sam.gov/

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…