B.08 W912MM-24-Q-0016 - OCS Latrines.pdf

SEE ADDENDUM

(No Collect Calls)

W912MM24P0016 08-Mar-2024

b. TELEPHONE NUMBER

605-737-6731

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 22 Mar 2024

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912MM9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

ANDREW J KENNDY

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USPFO SD PURCHASING & CONTRACTING

2823 WEST MAIN STREET

RAPID CITY SD 57702-8186

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W56TJU 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

W56TJU 196TH REGIMENT (RTI)

CPT REBECCA ROSELLES

54 SHERIDAN STREET

FT. MEADE SD 57741

TEL: 605-737-6456 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$9,000,000

NAICS:

562991

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF42

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

Section SF 1449 - CONTINUATION SHEET

PERFORMANCE WORK STATEMENT

1-196th Latrine Contract FY24

Chemical Latrines and Hand Wash Stations

PERFORMANCE DATES: 3 May 2024 – 8 September 2024

NOTE: Performance dates for the option periods will be similar to the performance dates of the base period.

PERIOD OF PERFORMANCE:

Base Period of Performance: 1 May 2024 – 30 April 2025

Option Period One: 1 May 2025 – 30 April 2026 Option Period Two: 1 May 2026 – 30 April 2027

DELIVERY LOCATIONS: Rapid City and Sturgis, South Dakota in and around the West Camp Rapid and Fort Meade training areas

EVENT REQUIREMENTS:

Schedule for required latrines and hand washing stations:

Government POC: TBD

The Contractor shall provide all labor, material, and equipment to perform the following:

PORTABLE LATRINES and HAND WASH STATIONS - Deliver, place, and prepare for use portable chemical latrines with hand sanitizer dispensers and hand wash stations with daily servicing and all necessary paper products.

Daily Service - For the purpose of this document, daily service shall include removal of all waste products, rinsing the interior of the latrine unit with water, and placement of the necessary chemical products to include hand sanitizer in latrines. Hand wash stations will also be serviced at these times. Daily service is defined as one (1) service for each 24-hr period of the performance dates. No service is required on day of removal.

Price is to include all delivery set-up, pick-up, and mileage charges for servicing the various locations and rental periods. See the attached schedule for latrines and hand wash stations and pertinent information regarding location, quantity, and dates. The Government intends to pay for latrine services only on dates listed in the schedule. Latrines are to be placed “No Later Than” the day start time noted on the first day and removed “No Earlier Than” 1600 on the Last Day.

Pre-position of the latrines and hand wash stations may be arranged 48 hours prior to deliver date. Pick-up no later than 48hrs after removal date. Coordinate with Government POC for available times of pre-delivery and pick-up. The Government is not liable for any damages occurred before or after performance dates and times.

LATRINE RELOCATION(S) – It may become necessary to relocate a latrine(s) during the exercise. Upon receiving notification from the P&C office the vendor may relocate the latrine.

The contractor must contact the Purchasing/Contracting Office on any problems. The contractor shall routinely contact the Government Point of Contact, as minimum contact will be made on a weekly basis. Any changes requested that will affect the price of the contract will be coordinated through the Purchasing / Contracting Office (P&C).

If adverse weather conditions arise prior to or during the performance period, military personnel must fulfill their training requirements. Therefore, it is critical that the contractor be able to accomplish delivery and daily servicing of the latrine units as stipulated in the contract even under adverse weather conditions.

The Contractor is required to contact the Government Point of Contact (POC) at least 48 hours prior to initial delivery to get delivery instructions and any maps from the POC regarding latrines / hand wash stations for each service location. Military personnel will be available at the time of latrine delivery to assist the contractor with questions, concerns, and placement location in the field. It is the contractor’s responsibility to have adequate personnel to complete the actual placement of the latrines.

OPERATIONAL SECURITY - The Contractor will protect controlled, unclassified information (Delivery times and dates, Training times, Number of personnel) pertaining to daily operations. The POC will brief the vendor on what information needs to be protected, why, and how.

REMINDER - The contractor and military personnel are reminded that any/all changes to the locations, dates, servicing requirements, and quantities of latrines listed for the line items must be coordinated through the Purchasing/Contracting Office 605-737-6731 or 605-737-6738.

Military personnel are not authorized to move any latrines or have the contractor move any latrines without coordinating through the Purchasing & Contracting office first. If the contractor needs assistance in resolving a problem, they are to contact the Government POC first who will then contact the Contracting Office.

QUALITY ASSURANCE - The Government will evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government will do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and acceptable quality levels or defect rates.

With the contract award, the contractor will complete the Checklist for Latrine Servicing on a daily basis for each location. The contractor shall annotate the date and time that delivery and daily servicing was accomplished for the latrines. If valid complaints are received regarding delivery / servicing, the Contracting Officer will contact the contractor. If necessary, the Contracting Officer will coordinate a new contract for the delivery / servicing with another firm, with all expenses incurred being assessed to the original contractor. The costs incurred shall be deducted from the original contractor’s invoice prior to the invoice being approved for payment.

CONTRACTOR’S SERVICE DELIVERY SCHEDULE

The Contractor Service Delivery Schedule identifies the major tasks or deliverables the contractor will be providing or accomplishing during the contract period. The schedule identifies the task standards, the acceptable level of quality, and the primary method the Government will use to assess the contractor’s performance.

CONTRACTOR’s SERVICE DELIVERY SCHEDULE

Deliverable/Tasks Performance Standard Acceptable Quality Level

Method Used/ Frequency

Placement -Latrine is in place on or before delivery time period -Hand wash Stations in place on or before delivery time period

100% of time -Daily inspections and spot checks -Complaint

Cleaning -Latrine is cleaned daily -Latrine is restocked with paper products -Hand wash Stations restocked daily

100% of time -Daily inspections and spot checks -Complaint

Hand Sanitizer Dispensers

-Hand Sanitizers are refilled daily 95% of time -Daily inspections and spot checks -Complaint

Other -Daily inspections and spot checks -Complaint

GOVERNMENT - QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

The Government will conduct routine evaluations/inspections without advance notification to the Contractor. The Government will monitor the Contractor’s performance using the Quality Assurance Surveillance Plan (QASP). Government personnel will record all surveillance observations. When an observation indicates substandard performance (i.e. yellow or red ratings), the Government POC must annotate their findings on the QASP form and must immediately acquire the Contractor’s initials, or their representative at the site, on the completed QASP. The initialing does not necessarily constitute concurrence with the observation, only acknowledgement that the Contractor or their representative has been made aware of the substandard performance. Any action taken by the Contracting Officer as a result of surveillance will be in accordance with the terms of the contract.

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP) WORKSHEET

Instructions for Performance Rating – Within the elements listed below, the evaluator must “check” the applicable rating and annotate any/all sub-standard performances. Additional elements may be noted in the "other" area of the form. With each DD250/SF1449 receiver’s report, the Government POC must submit a completed QASP worksheet for the requirements within this contract. If any Rating Other than Green, send a copy of this QASP back to the Contracting Office.

Deliverable/Service

Quality Rating

Causative Factors Effect on Mission

Action Required / Date

Placement/cleaning were done on assigned dates

Green Comments Unnecessary for “Green” QA Rating.

Yellow Red

Cleanliness of latrines and refill of hand sanitizers

Green Comments Unnecessary for “Green” QA Rating.

Yellow Red

Filling/cleanliness of hand wash stations

Green Comments Unnecessary for “Green” QA Rating.

Yellow Red

Other Green Comments Unnecessary for “Green” QA Rating.

Yellow Red

With each DD250/SF1449 receiver’s report, the Government POC must submit a completed QASP worksheet for the requirements within this contract.

Government Representative Name (print) Contractor’s Representative Name (print)

Signature of Government Representative Date Signature of Contractor’s Representative Date

CHECKLIST FOR LATRINE SERVICING

**Unit POC and vendor are required to complete the line item checklist provided below each time latrine servicing is completed. Also record any changes (as approved by the Contracting Officer) on this form.

**UNIT POC: This form to be returned to P&C **VENDOR: This form to be included with invoices

Date/Time Serviced Vendor's Initials

Unit POC Initials Remarks:

PRICE QUOTE SCHEDULE

Base Period FY 24

Latrines: cost per latrine per day $______, Total (524 X cost per latrine) $__________

Hand Wash Station: cost per station per day $______, Total (261 X cost per station)

Relocation of Latrine or Hand Wash Station: cost per latrine per move ______, Total (4 X cost per move) $__________

Option Period 1 FY 25

Hand Wash Station: cost per station per day $______, Total (261 X cost per station)

Option Period 2 FY 26

Hand Wash Station: cost per station per day $______, Total (261 X cost per station)

Vendor Name: _______________________________

UEI Number: _______________________________

CAGE Code: _______________________________

Point Of Contact: _______________________________

Telephone Number: _______________________________

Email: _______________________________

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0010 524 Each Portable Latrine Service

FFP

Services, Non-Personal

Base Period: 1 May 2024 - 30 April 2025

*** See attached Performance Work Statement and Schedule for complete details

Delivery locations in and around Fort Meade and Rapid City, SD

Government POC: TBD

Contractor POC: TBD

DA3953: W56TJU-4038-0500

FOB: Destination

PSC CD: W045

NET AMT

0020 261 Each Handwashing Stations Service

FFP

Services, Non-Personal

Base Period: 1 May 2024 - 30 April 2025

*** See attached Performance Work Statement and Schedule for complete details

Delivery locations in and around Fort Meade and Rapid City, SD

0030 4 Each Latrine or Handwashing Relocation

FFP

Services, Non-Personal

Base Period: 1 May 2024 - 30 April 2025

*** See attached Performance Work Statement and Schedule for complete details

Delivery locations in and around Fort Meade and Rapid City, SD

0110 524 Each OPTION Portable Latrine Service

FFP

Services, Non-Personal

Option Period 1: 1 May 2025 - 30 April 2026

*** See attached Performance Work Statement and Schedule for complete details

Delivery locations in and around Fort Meade and Rapid City, SD

0120 261 Each OPTION Handwashing Stations Service

FFP

Services, Non-Personal

Option Period 1: 1 May 2025 - 30 April 2026

*** See attached Performance Work Statement and Schedule for complete details

Delivery locations in and around Fort Meade and Rapid City, SD

0130 4 Each OPTION Latrine or Handwashing Relocation

FFP

Services, Non-Personal

Option Period 1: 1 May 2025 - 30 April 2026

*** See attached Performance Work Statement and Schedule for complete details

Delivery locations in and around Fort Meade and Rapid City, SD

0210 524 Each OPTION Portable Latrine Service

FFP

Services, Non-Personal

Option Period 2: 1 May 2026 - 30 April 2027

*** See attached Performance Work Statement and Schedule for complete details

Delivery locations in and around Fort Meade and Rapid City, SD

0220 261 Each OPTION Handwashing Stations Service

FFP

Services, Non-Personal

Option Period 2: 1 May 2026 - 30 April 2027

*** See attached Performance Work Statement and Schedule for complete details

Delivery locations in and around Fort Meade and Rapid City, SD

0230 4 Each OPTION Latrine or Handwashing Relocation

FFP

Services, Non-Personal

Option Period 2: 1 May 2026 - 30 April 2027

*** See attached Performance Work Statement and Schedule for complete details

Delivery locations in and around Fort Meade and Rapid City, SD

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0010 Destination Government Destination Government 0020 Destination Government Destination Government 0030 Destination Government Destination Government 0110 Destination Government Destination Government 0120 Destination Government Destination Government 0130 Destination Government Destination Government 0210 Destination Government Destination Government 0220 Destination Government Destination Government 0230 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0010 POP 01-MAY-2024 TO

30-APR-2025

N/A W56TJU 196TH REGIMENT (RTI)

CPT REBECCA ROSELLES

54 SHERIDAN STREET

FT. MEADE SD 57741

605-737-6456

W56TJU

0020 POP 01-MAY-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0030 POP 01-MAY-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0110 POP 01-MAY-2025 TO

30-APR-2026

N/A (SAME AS PREVIOUS LOCATION)

0120 POP 01-MAY-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

0130 POP 01-MAY-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

0210 POP 01-MAY-2026 TO

30-APR-2027

N/A (SAME AS PREVIOUS LOCATION)

0220 POP 01-MAY-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

0230 POP 01-MAY-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-18 Prohibition on Contracting With Entities That Require Certain

Internal Confidentiality Agreements or Statements-- Representation

JAN 2017

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 52.204-17 Ownership or Control of Offeror 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

52.204-20 Predecessor of Offeror AUG 2020 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 Covered Entities

DEC 2023

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

DEC 2023

52.204-30 Federal Acquisition Supply Chain Security Act Orders-- Prohibition.

DEC 2023

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

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

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

SEP 2023

52.212-3 Alt I Offeror Representations and Certifications--Commercial Products and Commercial Services (NOV 2023) Alternate I

OCT 2014

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

NOV 2023

52.212-5 (Dev) Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Products and Commercial Services (Deviation 2023-O0008)

DEC 2023

52.217-5 Evaluation Of Options JUL 1990 52.217-8 Option To Extend Services NOV 1999 52.219-1 Alt I Small Business Program Representations (SEP 2023)

Alternate I

SEP 2015

52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.219-28 Post-Award Small Business Program Rerepresentation SEP 2023 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 52.222-26 Equal Opportunity SEP 2016 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-41 Service Contract Labor Standards AUG 2018 52.222-42 Statement Of Equivalent Rates For Federal Hires MAY 2014 52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option Contracts)

AUG 2018

52.222-50 Combating Trafficking in Persons NOV 2021 52.222-55 Minimum Wages for Contractor Workers Under Executive

Order 14026

JAN 2022

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals -- Representation.

DEC 2016

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

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 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.244-6 Subcontracts for Commercial Products and Commercial Services

DEC 2023

52.246-1 Contractor Inspection Requirements APR 1984 52.252-6 Authorized Deviations In Clauses NOV 2020

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

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

JAN 2023

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

JAN 2023

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

MAY 2021

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7001 Buy American And Balance Of Payments Program--Basic JAN 2023 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro

Regime

JAN 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JAN 2023

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.247-7023 Transportation of Supplies by Sea JAN 2023

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)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

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

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

(c) Representations.

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

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

52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)

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

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

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

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

(i) Of that equipment; or

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

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

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

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, "No TikTok on Government Devices" Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor's employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.

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

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

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

A. Pricing B. Technical Acceptability C. Past Performance.

A. LATRINE PRICING. All rates for the OCS Latrines should be equal to or lower than what is charged to a typical customer. Contractor shall indicate pricing per day to provide latrines and hand wash stations, and price per relocation for transportation between sites listed in the PWS.

B. TECHNICAL: Latrines will be expected to be fully functional, serviced daily, transported to the correct site on time and in the requested quantity, and of the quality as listed in the PWS. Technical acceptability will be based on the offeror’s solution that meets the intent of this requirement in accordance with the Solicitation and PWS. The failure of an offeror to show it can meet the stated requirements will result in an unacceptable rating.

C. PAST PERFORMANCE: The Past Performance evaluation will assess the relative risks associated with an Offeror’s likelihood of success in performing the solicitation’s requirements as indicated by that Offeror’s record of past performance. Past performance must have occurred within the past 3 years from the date of issuance of this solicitation. Past performance information that fails this condition will not be evaluated. Offerors without a record of relevant past performance, or for whom information on past performance is not available, will not be evaluated favorably or unfavorably on past performance and, as a result, will receive a "Neutral" rating for the Past Performance factor.

In addition, acceptability will also be based on either the Contractor Performance Assessment Reporting Systems (CPARS) ratings, or the Federal Awardee Performance and Integrity Information System (FAPIIS) in Sam.gov. If an offeror has no record of past performance ratings in the above system, this factor will be treated as neutral, resulting in an acceptable rating. The failure of an offeror to meet the requirements of a factor will result in an unacceptable rating. An award will not be made to any offeror who receives an Unacceptable Past Performance rating:

If you wish to compete, please complete Attachment 2: Price Quote Sheet (page 9).

All offers must list UEI number, CAGE code, Company name, POC, phone number, and email. To obtain or renew a UEI number or CAGE code, please visit https://sam.gov/content/home. Lack of registration in the SAM.GOV database will make an Offeror ineligible for award. Vendor must also be registered in Wide Area Work Flow to receive payment through electronic funds transfer. If you are not currently registered, please visit the following website https://piee.eb.mil/ to complete your registration.

A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), after its receipt, unless a written notice of withdrawal is received before award. The Government may award a contract without discussions.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 7 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 years.

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):

Https://acquisition.gov

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):

Https://acquisition.gov

252.204-7016 COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES --

REPRESENTATION (DEC 2019)

(a) Definitions. As used in this provision, covered defense telecommunications equipment or services has the meaning provided in the clause 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

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

(c) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered defense 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.

252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS

EQUIPMENT OR SERVICES (JAN 2023)

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

Covered defense 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) Telecommunications services provided by such entities or using such equipment; or

(3) Telecommunications equipment or services produced or provided by an entity that the Secretary of Defense reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Covered foreign country means--

(1) The People's Republic of China; or

(2) The Russian Federation.

Covered missions means--

(1) The nuclear deterrence mission of DoD, including with respect to nuclear command, control, and communications, integrated tactical warning and attack assessment, and…