B08_140P4523Q0053_SOL_PKG.pdf
PDF 7 MB Posted
- Attached to
- FRST - CONDUCT ENDANGERED SPECIES SURVEY Federal contract opportunity
- Solicitation number
- 140P4523Q0053
About this file
This request for quotation (RFQ) from the National Park Service solicits proposals to conduct endangered bog turtle surveys at First State National Historical Park in Delaware. Offerors must provide field surveys to identify and monitor northern bog turtle populations according to the attached statement of work. The single-award contract has an initial one-year period of performance with an optional one-year extension. Proposals are due by September 19, 2023 and must demonstrate the offeror's technical capability, past experience conducting similar surveys, and status as a qualified bog turtle surveyor. Pricing will be evaluated for reasonableness with the award going to the offeror representing the best overall value. The solicitation is set aside for small businesses and subject to Service Contract Labor Standards wage determinations.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Sol_140P4523Q0053_Amd_0002.pdf | ||
| B09_23Q0053__Q_A_Amdmnt_0002_0002.pdf | ||
| B09_23Q0053__Q_A_Amdmnt_0001_0001.pdf | ||
| Sol_140P4523Q0053_Amd_0001.pdf | ||
| Sol_140P4523Q0053.pdf |
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Text version
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RFQ 140P4523Q0053
Alicia Dunn, alicia_dunn@nps.gov
September 6, 2023
Requirement: Purchase Order to conduct Surveys for Federally Listed Bog Turtles, First State National Historical Park (FRST), Wilmington, DE
Subject: Request for Quotation (RFQ) 140P4523Q0053
Your firm, along with others who have been identified as capable companies, is requested to provide quote for the requirement noted in the attached Statement of Work. The National Park Service (NPS), First State National Historic Park, Wilmington, DE anticipates selecting a single firm. The National Park Service contemplates award of a firm fixed price purchase order as a result of this solicitation to the vendor.
(i) The solicitation Number is 140P4523Q0053 and is issued as a Request for Quote (RFQ) under Federal Acquisition Regulation (FAR) Part 12 Acquisition of Commercial Items and FAR Part 13 Simplified Acquisition Procedures.
(ii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2023-04, dated June 2, 2023. The FAC and FAR are available at https://www.acquisition.gov/FAR.
(iii) The solicitation is being issued as a Total Small Business Set-Aside for Small Business Concerns under NAICS 541620; Environmental Consulting Services with a U.S. Small Business Administration size standard of $19.0 million. The U. S. Department of Labor Service Contract Act is applicable to this solicitation: DOL Wage Determination 2015-4215 (Rev. 22) dated 6/30/2023. A current Contractor registration is required on the System for Award Management (SAM) website, https://www.sam.gov/portal/public/SAM.
QUOTE CONTENTS AND EVALUATIONS
The Contractor shall supply all supervision, labor, equipment, materials, and tools necessary to manufacture and install turbo chargers, in accordance with the Statement of Work (SOW).
(iv) This solicitation is for purchase of the following commercial services:
The National Park Service at First State National Historic Park, Wilmington, DE has a requirement to hire a consulting firm to conduct Surveys for Federally Listed Bog Turtles, (Glyptemys muhlenbergii).
(v) Description of requirement is as follows:
United States Department of the Interior
NATIONAL PARK SERVICE
Interior Region 1
North Atlantic-Appalachian Mid-Region NY MABO 210 New York Avenue Staten Island, NY 10305 IN REPLY REFER TO:
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A detailed description can be found in the attached Statement of Work (SOW).
(vi) Place of Delivery can be found in the attached Statement of Work (SOW).
(vii) Period of Performance is anticipated for a total of one (1) year after receipt of award, potential option-period of twelve (12) months to immediately follow if exercised.
(viii) FAR 52.212-1, Instructions to Offerors – Commercial Items (Nov 2021), applies to this acquisition.
(ix) The offeror must submit a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications Commercial Items (Nov 2021), with its quote.
(x) The clause at FAR52.212-4, Contract Terms and Conditions Commercial Items (Nov 2021), applies to this acquisition.
(xi) The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statues or Executive Orders Commercial Items, applies to this acquisition.
(xii) The Government intends to award a firm-fixed price purchase order resulting from this solicitation.
(xiii) Quotes are required to be received in no later than 11:00 AM, ET on Sept. 19, 2023 to Alicia Dunn; email address alicia_dunn@nps.gov.
(xiv) Any questions regarding this solicitation shall be directed to Alicia Dunn, alicia_dunn@nps.gov no later than Sept. 12, 2023 at 12:00 pm.
(xv) Site Visit: Contact Sonja Bookout at (302) 463-3482 (mobile) (302) 544-6363 (office) or via email sonja_bookout@nps.gov.
EVALUATIONS
Award Selection Process:
(a) The Government intends to award a single, firm-fixed price purchase order resulting from this solicitation to the responsible offeror whose quote conforms to the solicitation and will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: (Note: This solicitation is not stating nor required to state the relative importance assigned to each evaluation factor and/or sub factor (FAR 13.106-1(a)(2).
Evaluation Factors:
(1) Technical Capability:
a. The offeror shall provide project narrative that demonstrates how the company will successfully meet the needs of the statement of work (limit to two pages).
b. Key Personnel – Resumes
c. Proof of current status of Qualified Surveyor for Bog Turtles (Glyptemys muhlenbergii) by the Pennsylvania Fish and Boat Commission (PFBC), or the U.S. Fish and Wildlife Service.
d. Proof of active/current permit for handling endangered and threatened species.
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(2) Past Performance
a) An evaluation of offeror’s past performance information will be conducted subsequent to the technical evaluation. The offeror must have demonstrated successful completion of projects similar in quality, technique, and complexity. Preference will be given to quotes that demonstrate past performance of similar projects related to the work outlined in the SOW.
b) The evaluation will be based on information obtained from the written quote, photographs, other relevant past performance information obtained from sources known to the Government, and any other information supplied by the offeror, to include problems encountered on the identified contracts and corrective action taken.
c) The Government will assess the relative risks associated with each offeror. Performance risks are those associated with an offeror’s likelihood of success in performing the acquisition requirements as indicated by that offeror’s record of past performance.
d) The assessment of performance risk is not intended to be the product of a mechanical or mathematical analysis of an offeror’s performance on a list of contracts, but rather the product of subjective judgement by the Government after it considers all available and relevant information.
e) When assessing performance risks, the Government will focus on the past performance of the offeror as it relates to all acquisition requirements, such as: 1) the offeror’s record of performing according to specifications, including standards of good workmanship; 2) the offeror’s record of controlling and forecasting costs; 3) the offeror’s adherence to contract schedules including the administrative aspects of performance; 4) the offeror’s reputation for reasonable and cooperative behavior and commitment to customer satisfaction; and 5) the offeror’s business-like concern for the interest of the customer.
f) The Government will consider the currency and relevance of the information, sources of the information, context of the data and general trends in the offeror’s performance. The lack of a relevant performance record may result in an unknown performance risk assessment, which will neither be used to the advantage nor disadvantage of the offeror.
Note: Contractors submitting offers without past performance will receive a neutral rating.
g) Offerors shall provide three (3) projects completed in the past three (3) years with a similar scope. Describe any previous experience in providing these services, including the scope and complexity of the project.
Note: Listing completed projects does not address this criterion. A narrative that articulates past experience and description of successful completion of services should be discussed.
(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(3) Price
a. Offeror’s price quote will not be point scored or adjectively scored but will be evaluated on price reasonableness. The price quote will also be used as an aid to determine that the Offeror understands the requirements of the solicitation, price reasonableness and to assess the validity of the offeror’s approach to managing and performing the work.
b. The offeror shall submit a price quote separate from all other volumes; any pricing information found in the technical or past performance volumes will be removed prior to evaluation.
c. The Government will evaluate the price quote for reasonableness. The Government will also evaluate price with regards to the ability of the offeror to meet requirements in terms of skills
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Alicia Dunn, alicia_dunn@nps.gov required, complexity of disciplines and job difficulty, if the Government deems such analysis necessary.
Final submitted prices shall be valid for a minimum of 30 calendar days from the date submitted.
Submit your quote by email to the Contract Specialist Alicia Dunn at alicia_dunn@nps.gov.
Quoters shall insure their quotes are received by the noted email address no later than Sept. 19, 2023;
11:00 am EDT. All questions must be received on or before Sept. 13, 2023, at 12:00 pm.
By submitting a quote, contractors agree to comply with all terms and conditions as set forth in this RFQ including the attached SOW.
CONTRACT ADMINISTRATION DATA
Contract Administration Contracting Officer (CO) responsible for this order:
Sherry Packard National Park Service Email: sherry_packard@nps.gov
Contract Administrator (CA) responsible for administering this order:
Alicia Dunn National Park Service, Region 1, North Atlantic Appalachian New York Mid-Region Major Acquisition Buying Office (NY-MABO) Staten Island, NY 10305 Telephone Number: (360) 409-6284 Email: alicia_dunn@nps.gov
TERMS AND CONDITIONS
Successful offeror must be registered in the System for Award Management database at https://sam.gov as a Small Business preferably at time of Solicitation deadline, and definitely prior to award.
The attached Purchase Order Terms and Conditions shall apply to all purchase orders resulting from this solicitation.
Please refer all questions to the undersigned.
Sincerely, Alicia Dunn Contract Specialist
Attachments:
1. Statement of Work (SOW)
2. Past Performance Questionnaire
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SUBMITTAL INSTRUCTIONS
INSTRUCTIONS TO OFFERORS:
RETURN THIS PAGE
Quotes must be in accordance with and in the order detailed in this section. Failure to submit quotes according to the instructions provided within the solicitation may result in the respondent’s quote not being considered for award.
All interested parties shall be registered in the System for Award Management or SAM at time an offer or quotation is submitted.
The offerors shall submit a quote to the purchasing agent by email to alicia_dunn@nps.gov.
Offerors shall submit the following information in its entirety:
a) Checklist for quote submittal:
This page of the RFQ completed as the first page in the package.
Signed quote on your company letterhead.
Signed amendments if applicable.
Provide a completed copy of the provision at 52.212-3.
Provide a completed copy of 52.204-24 Representative Certain Telecommunications and Video
Surveillance Services or Equipment (NOV 2021).
Provide a project narrative that demonstrates how the company will successfully meet the needs of the statement of work (limit to two pages).
Three prior experiences of projects in similar size and scope within the past five years to include:
o Brief description of project.
o Point of contact information.
o Provide evidence of compliance with guidelines of the U.S. Fish and Wildlife Service
(USFWS) and Bog Turtle Surveys.
b) Price Schedule:
SCHEDULE OF
SUPPLIES/SERVICES
QTY UNIT UNIT PRICE PRICE
TASK ONE (1): Phase Two (2) Bog Turtle Surveys – northern population range in Brandywine Valley Unit.
1 LS $` $
OPTIONAL WORK 1 TASK:
Complete additional Phase 2 Bog Turtle Surveys and Phase 3 Bog Turtle Surveys
1 LS $ $
TOTAL $
c) Contractor Core Data:
Offerors’ Name: _________________________________________________________________ Offerors’ Address: ________________________________________________________________ Offerors’ UEI: __________________________________________________________________ Offerors’ POC: ___________________________________________________________________ Offerors’ Phone/Email: ____________________________________________________________
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TERMS AND CONDITIONS
CONTRACT ADMINISTRATION DATA
DOI ELECTRONIC INVOICING 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.
Before, Contractor submits an invoice through IPP the Contractor must complete the following:
An invoice will be prepared by the Contractor and submitted to the COR. The COR will confirm work completed. The invoice will include the location, date services rendered, number of stalls serviced.
Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:
a. An approved (COR certified) copy of each invoice must be attached in IPP.
b. Each invoice must include the Contract award number, Period of Performance and/ or delivery date, Contractor name and address, Invoice Number, Dollar value, Unit of issue (as applicable), description of services completed and/or items received, and other documents required per the contract.
c. If an IPP invoice is submitted without the attached invoice, the IPP submission will be rejected, and the contractor will be required to re-submit said invoice.
d. Submit a courtesy copy of the invoice and attachments to Contracting Officer’s Representative (COR) Sonja Bookout, sonja_bookout@nps.gov.
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 CCR) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. 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 proposal or quotation.
(End of Clause)
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1452.228-70, DOI Liability Insurance
(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:
Workman’s Compensation and Employer Liability Insurance: Compliance with applicable Federal and State Worker’s Compensation and Occupational Disease Statues shall be required. Employer liability coverage in the minimum amount of $100,000.
General/Professional Liability Insurance: Bodily injury liability insurance minimum amount of $1,000,000 per occurrence.
Automobile Liability Insurance: This insurance shall be required on the comprehensive form of the policy and shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. The minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage shall be required.
(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy copy of an acceptable insurance certificate prior to beginning the work.
SPECIAL CONTRACT REQUIREMENTS
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;
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(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.
(End of clause)
1452.203 -70 Restrictions on Endorsements.
Restriction 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.
(End of clause)
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Clauses Incorporated by Reference
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://farsite.hill.af.mil/vffara.htm (End of Clause)
52.203-5 -- Covenant Against Contingent Fees (May 2014) 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) 52.212-4 -- Contract Terms and Conditions -- Commercial Items (Dec 2022) 52.223-6 – Drug-Free Workplace (May 2001) 52.232-39 --Unenforceability of Unauthorized Obligations. (Jun 2013) 52.232-40 -- Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.237-2 – Protection of Government Buildings, Equipment and Vegetation (Apr 1984) 52.253-1 -- Computer Generated Forms (Jan 1991)
Clauses Incorporated by Full Text
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services.
CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE
ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JUN 2023)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L.
115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV
2015).
(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
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(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108- 77 and 108-78 ( 19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN
2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV
2021) (41 U.S.C. 3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN
2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
__ (5) [Reserved].
__ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).
___(8) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).
__ (9) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).
__ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).
__ (11) [Reserved].
__ (12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP
2021) (15 U.S.C. 657a).
__ (13) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (14) [Reserved]
_X_ (15) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
__ (ii) Alternate I (MAR 2020) of 52.219-6.
__ (16) (i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
X
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__ (ii) Alternate I (MAR 2020) of 52.219-7.
__ (17) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)).
__ (18) (i) 52.219-9, Small Business Subcontracting Plan (OCT 2022) (15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (NOV 2016) of 52.219-9.
__ (iii) Alternate II (NOV 2016) of 52.219-9.
__ (iv) Alternate III (JUN 2020) of 52.219-9.
__ (v) Alternate IV (SEP 2021) of 52.219-9.
_X_ (19) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).
__ (ii) Alternate I (MAR 2020) of 52.219-13.
__ (20) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 637s).
__ (21) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP
2021) (15 U.S.C. 637(d)(4)(F)(i)).
__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT
2022) (15 U.S.C. 657f).
__ (23) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR
2023) (15 U.S.C. 632(a)(2)).
__ (ii) Alternate I (MAR 2020) of 52.219-28.
__ (24) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).
__ (25) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT
2022) (15 U.S.C. 637(m)).
__ (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR
2020) (15 U.S.C. 644(r)).
__ (27) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15U.S.C. 637(a)(17)).
_X_ (28) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).
__ (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (DEC
2022) (E.O.13126).
_X_ (30) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
_X_ (31) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).
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__ (ii) Alternate I (FEB 1999) of 52.222-26.
__ (32) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
__ (ii) Alternate I (JUL 2014) of 52.222-35.
__ (33) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN
2020) (29 U.S.C. 793).
__ (ii) Alternate I (JUL 2014) of 52.222-36.
__ (34) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
__ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).
_X_ (36) (i) 52.222-50, Combating Trafficking in Persons (NOV
2021) (22 U.S.C. chapter 78 and E.O. 13627).
__ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
__ (37) 52.222-54, Employment Eligibility Verification (MAY 2022) . (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
__ (38) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
__ (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).
__ (41) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN
2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (OCT 2015) of 52.223-13.
__ (42) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun2014) of 52.223-14.
__ (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY
2020) (42 U.S.C. 8259b).
__ (44) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT
2015) (E.O.s 13423 and 13514).
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__ (ii) Alternate I (JUN 2014) of 52.223-16.
_X_ (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).
__ (46) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).
__ (47) 52.223-21, Foams (JUN 2016) (E.O. 13693).
__ (48) (i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (JAN 2017) of 52.224-3.
__ (49) (i) 52.225-1, Buy American-Supplies (OCT 2022) (41 U.S.C. chapter 83).
___ (ii) Alternate I (OCT 2022) of 52.225-1.
___ (50) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC 2022) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109- 283, 110-138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I [Reserved].
__ (iii) Alternate II (DEC 2022) of 52.225-3.
__ (iv) Alternate III (JAN 2021) of 52.225-3.
__ (v) Alternate IV (Oct 2022) of 52.225-3.
__ (51) 52.225-5, Trade Agreements (DEC 2022) (19 U.S.C. 2501, et eq., 19 U.S.C. 3301 note).
_X_ (52) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (53) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).
__ (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__ (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
__ (56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).
__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
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_X_ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT 2018) (31 U.S.C. 3332).
__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
__ (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
__ (63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) 15 U.S.C. 637(d)(13)
__ (64) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV
2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).
__ (ii) Alternate I (APR 2003) of 52.247-64.
__ (iii) Alternate II (NOV 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
_X__ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter67).
_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY
2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 2341 or 5332.
This Statement is for Information Only It is not a Wage Determination
Employee Class Monetary Wage – Fringe Benefits
ENVIRONMENTAL TECHNICIAN $27.59
_X_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards- Price Adjustment (Multiple Year and Option Contracts) (AUG 2018)
(29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).
__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
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__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).
X__ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (JAN 2022).
_X_ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O.
13706).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV
2021) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
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(v) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).
(vi) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vii) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(viii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).
(ix) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
(x) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
(xi) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xiii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
(xiv) (A) 52.222-50, Combating Trafficking in Persons (NOV
2021) (22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).
(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xvii) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).
(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (JAN 2022).
(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
(xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN
2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
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(xxiii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV
2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
Alternate I (FEB 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to "paragraphs (a), (b), (c), or (d) of this clause" in the redesignated paragraph (d) to read "paragraphs (a), (b), and (c) of this clause".
Alternate II (JUN 2023). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:
(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8 G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—
(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and
(ii) Interview any officer or employee regarding such transactions.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial products or commercial services, other than—
(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and
(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(A) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV
2021) (41 U.S.C. 3509).
(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5).
(C) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub.
L. 115-91).
(D) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
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(E) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).
(F) 52.219-8, Utilization of Small Business Concerns (OCT
2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(G) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(H) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).
(I) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
(J) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN
2020) (29 U.S.C. 793).
(K) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(L) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
(M) _X__ (1) 52.222-50, Combating Trafficking in Persons (NOV
2021) (22 U.S.C. chapter 78 and E.O 13627).
___ (2) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(N) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
(O) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).
(P) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989).
(Q) 52.222-55, Minimum Wages Under Executive Order 13658 (JAN 2022).
(R) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
(S) (1) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(2) Alternate I (JAN 2017) of 52.224-3.
(T) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(U) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN
2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
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(V) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(W) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV
2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(End of Clause)
Provisions by Reference 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements Representation (Jan 2017) 52.204-7 – System for Award Management (Oct 2018) 52.204-16 – Commercial and Government Entity Code Reporting (Aug 2020) 52.204-22 Alternative Line Item Proposal (Jan 2017) 52.207-1 – Notice of Standard Competition (May 2006) 52.212-1 -- Instructions to Offerors -- Commercial Items (Mar 2023) 52.225-25 -- Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. (JUN 2020)
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):
http://farsite.hill.af.mil/vffara.htm
1452.233-2 Service of Protest Department of Interior (JUL 1996) Deviation
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Contracting Office, New York MABO, 210 New York Avenue, Staten Island, NY 10305.
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
c) A copy of the protest served on the Contracting Officer shall be simultaneously furnished by the protester to the Department of the Interior Assistant Solicitor for Procurements and Patents, 1849 C Street, NW, Room 6511, Washington, DC 20240.
End of Provision
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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 or 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)…
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