B08 RFQ 24-Q-5001 Refuse (Dumpsters) 8.15.2024.pdf

COMBINED SYNOPSIS/SOLICITATION

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

Request for Quote (RFQ)

Title: Refuse (Dumpsters), In Support of JPMRC 25-01, Oahu This is a solicitation request under RFQ number W91QVP-24-Q-5001 for commercial items prepared in accordance with the format in the Federal Acquisition Regulation (FAR) Subpart 12.6, using Simplified Acquisition Procedures for Certain Commercial Products and Commercial Services found at FAR 13.5, as supplemented with the additional information included in this notice. This solicitation documents and incorporates provisions and clauses for commercial items in effect through Federal Acquisition Circular FAC 2024-03 effective 23 February 2024. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. Clauses may be accessed in full text at these addresses:

https://www.acquisition.gov/far/ and http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html.

DESCRIPTION OF REQUIREMENT:

The 413th Contracting Support Brigade (CSB), 921st Contracting Battalion intends to award a Firm- Fixed Price Contract for dumpster and refuse services on the island of Oahu. The NAICS code is 562111

– Solid Waste Collection. This is a competitive Firm-Fixed Price (FFP) action.

ITEM DESCRIPTION Total Amount

SEE ATTACHMENT B08 Pricing Sheet Dumpsters JPMRC-25-01 40CY only 8.8.24. FILL OUT

COMPLETELY AND SUBMIT.

ENTER THE TOTAL TO THE RIGHT.

CONTRACTOR SHALL SIGN BELOW AND DATE.

Total (In USD)

CONTRACTOR

SIGNATURE

DATE:

** Contractors shall review the Attachment “B08 Dumpster PWS_8.8.2024”

Attachment List B08 Pricing Sheet Dumpsters JPMRC-25-01 40CY only 8.8.24 B08 Dumpster PWS_8.8.2024

POP

The period of performance for Refuse (Dumpster) service purchase order is 1SEP2024 - 8NOV2024.

QUESTIONS ARE DUE NO LATER THAN 1500 HAWAII STANDARD TIME ON 19 AUGUST

2024. QUOTES ARE DUE NO LATER THAN 1300 HAWAIIAN STANDARD TIME ON 22

AUGUST 2024. LATE OFFERS MAY NOT BE CONSIDERED. EMAIL QUOTES TO

Ryan.b.morris4.mil@army.mil and Patrick.v.kennison.mil@army.mil

ADDENDUM TO 52.212-1, INSTRUCTIONS TO OFFERORS – Commercial Items In addition to the following addendum, all terms, and conditions of FAR provision 52.212-1 remain in effect. The following have been tailored to this procurement and are hereby added via addendum:

SOLICITATION/OFFEROR REQUIREMENTS

QUOTE SUBMISSION

Quote shall consist of, at a minimum:

a. Signed and dated solicitation (Above) with total contract amount. Last page of this solicitation with contractor information must be completed as well.

b. Technical Approach. No more than four pages.

c. Completed Pricing sheet. See attachment (B08 Pricing Sheet Dumpsters JPMRC-25-01

40CY only 8.8.24)

1. The request for quotations (RFQ) and evaluation of quotes will be conducted in accordance with FAR Part 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Services and FAR Part 13.5 Simplified Procedures for Certain Commercial Items.

Each interested offeror shall complete and submit the following forms, clauses, and statements with their quote. Failure to do so may cause a quote to be considered unacceptable:

a) Solicitation signed and dated

b) Amendments or acknowledgements (if applicable), signed and dated

c) Completed Certifications (if not entered in SAM) to include FAR 52.212-3, Offeror Representations and Certifications-Commercial Items.

d) Submittal of quotes in accordance with FAR 52.212-1(b)

2. Submission of quotes will be received via email to the Contracting Specialist, SFC Ryan Morris at ryan.b.morris4.mil@army.mil and the Contracting Officer, MSG Patrick Kennison at Patrick.v.kennison.mil@army.mil.

a) Solicitation and amendment - Issued solicitation packages will be posted on SAM.gov. Once solicitation is posted potential quoters are responsible to monitor SAM.gov until the closing date for any issued amendments.

b) It is the responsibility of the quoter to ensure quotations are received and acknowledged by the Contracting Specialist, SFC Ryan Morris at ryan.b.morris4.mil@army.mil and the Contracting Officer, MSG Patrick Kennison at Patrick.v.kennison.mil@army.mil on or before the deadline for submission of quotes.

3. Interested quoters shall submit questions in writing regarding the Solicitation to the Contract Specialist via email at ryan.b.morris4.mil@army.mil. Final questions must be submitted no later than 1500 HST on 19 AUGUST 2024. A summary of questions received and Government responses will be provided via Solicitation Amendment posted on SAM.gov. Questions received after the deadline may not be answered.

4. Materials not directly related to the information requested shall not be included in the quote.

Any information not requested will be disregarded in the evaluation process. Unnecessarily elaborate quotes are neither necessary nor desirable.

5. The attached pricing sheet shall be submitted fully completed and error free. It shall contain the vendor’s prices in USD for the established Extended Line-Item Numbers (ELINs). Vendors shall provide pricing for all CLINs listed in the Pricing Sheet.

a) The vendor’s quote shall include complete and accurate pricing of all Contract Line Item Numbers(CLINs) and extended line item numbers (ELINs) identified on the pricing schedule and pricing attachment. Each CLIN and ELIN should include the unit price, as well as the total amount. All amounts shall be rounded to the nearest hundredth decimal place (i.e., $X.XX). In the event of mathematical errors, the unit price will be used as the basis for computing price.

b) Vendors shall indicate how long the quote is valid, as a minimum the quote shall be valid for 90 days.

c) All prices must be in United States Dollars (USD)

6. The selection of a source for award purposes will be conducted utilizing simplified acquisition procedures as delineated in FAR Part 13.106-2, Evaluation of Quotations. Quotes will be evaluated using the criteria under addendum to 52.212-2, “Evaluation – Commercial Items.”

7. The Government may reject any or all quotes if such action is in the public interest; accept other than the lowest quote; and waive informalities and minor irregularities in quotes received.

8. In accordance with FAR Subpart 4.8 Government Contract Files, the Government will retain one copy of all unsuccessful quotes. Unless the quoter requests otherwise, the Government will destroy extra copies of such unsuccessful quotes.

mailto:ryan.b.morris4.mil@army.mil mailto:Patrick.v.kennison.mil@army.mil

9. If a quoter believes that the requirements in these instructions contain an error, an ambiguity, omission, or are otherwise deemed unsound, the quoter shall immediately notify the KO in writing with supporting rationale. The quoter is reminded that the Government reserves the right to make an offer on this effort based on the initial quote, as received, without clarifications.

10. All referenced documents for this solicitation may be post to SAM.gov with the RFQ.

11. Sam.gov Registration: The vendor must be actively registered in Sam.gov at the time of quote submission. Registration can be completed at https://www.sam.gov.

12. Procurement Integrated Enterprise Environment (PIEE) and Wide Area Workflow (WAWF) Registration: Contractors MUST also be actively registered in PIEE with the appropriate roles in WAWF in order to submit invoices and get paid. Paper copies will not be accepted. Registration can be completed at https://piee.eb.mil.

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

14. The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items, applies to this acquisition. Clauses from 52.212-5 that are applicable to this contract are: 52.203-6; 52.204-10; 52.204-27; 52.209-6; 52.209-9; 52.222-19;

52.222-26; 52.222-50; 52.223-18; 52.225-13; 52.232-33; 52.224-3 Alt I. It is the contractor’s responsibility to review these clauses prior to submitting their quote. Clauses can be obtained at www.acquisition.gov.

15. Monthly invoicing is acceptable for work completed; no other forms of contract financing are permitted in the acquisition.

16. The Defense Priorities and Allocations System (DPAS) and assigned rating is not used for this requirement.

17. QUOTE PREPARATION INSTRUCTIONS

(1) See above red text for specific instruction on preparing all required documents for your quote to be considered responsive.

(2) Quote Limitation. The Government will not accept any changes to the contractor’s quote after the closing date of the solicitation.

(3) The quoter shall provide the name, title and telephone number of the company/division point of contact regarding decisions made with respect to your quote and who can obligate your company contractually.

https://www.sam.gov/ http://www.acquisition.gov/

Army Contract Writing System (ACWS) Transition Information for Quoters

a. The Army Contracting Enterprise (ACE) is in the process of deploying new solicitation and contract writing software to Army contracting offices worldwide. Known as the Army Contract Writing System (ACWS), this modern software suite will soon replace most existing Army contract writing systems, including the system used to create and release this Solicitation.

b. During this transition period, Quoters are hereby advised:

1. The Contracting Office may use any combination of contract writing systems to create and release documents related to this solicitation (e.g. solicitation amendments and awards, if any).

Due to this:

i. This solicitation may contain different quote submission instructions than other solicitations released by the same Contracting Office (e.g. requiring quote submission via the PIEE Solicitation Module vs. e-mail). Quoters should review all quote submission instructions contained in the solicitation documents and direct any questions or concerns to the Contract Specialist or Contracting Officer.

ii. If the Contracting Office switches contract writing systems prior to award, documents you receive from the Contracting Officer or view on SAM.gov or other forums may appear noticeably different than the initial solicitation or previous solicitations or awards from the same Contracting Office. This is normal and expected.

iii. A change between contract writing systems may cause important information concerning solicitation response (amendments) or accepted terms (awards) to take on different formatting or appear in different parts of later documents issued. Quoters shall review all documents carefully to locate this important information and direct any questions or concerns to the Contract Specialist or Contracting Officer.

2. The Government does not intend to use the transition between contract writing systems to effect any changes to solicitation or award terms and conditions without accompanying document narratives explicitly stating such changes are deliberate and desired. While the Contract Specialist and Contracting Officer will take care to minimize or eliminate any inadvertent changes when adapting to the new contract writing software, you, as the Quoter, may still be the first to spot such errors. Therefore, Quoter shall:

i. Notify the Contracting Officer immediately if any observed changes, removals, or additions affect your award eligibility, violate or alter existing quote/proposal terms, or could affect Contract performance post-award.

ii. Take special care to ensure all fill-in Clauses are populated and remain populated across documents received from the Contracting Office throughout the Solicitation and Award process.

iii. Contact the Contracting Officer listed on the first page of the solicitation or solicitation amendment for guidance if you notice or suspect any inadvertent change has occurred between document issuances.

3. The Contracting Officer will correct problems affecting award documents (if any) via bilateral modification, at no cost to the Contractor. Any such modification will reconcile the award with the latest version of this solicitation reflecting deliberate action by the Contracting Officer (e.g. the first issuance if no amendments, or the latest amendment with accompanying narratives), inclusive of any documented pre-award negotiations or accepted supplemental quote terms.

4. In the unlikely event a network disruption, contract writing system error, or financial system error threatens timely award of the requirement set forth in this solicitation, the Contracting Officer:

i. May elect to use alternative mechanisms to obligate funds and allow work or deliveries to legally begin to the benefit of, and with legal protection for, both parties.

ii. Will incorporate the latest version of this Solicitation into such mechanisms to serve as a framework for contract execution until any such system problems are resolved.

iii. Will ensure any action taken does not conflict with the stated quote evaluation and award methodology of this requirement.

iv. Will issue a complete, properly-formatted award accurately reflecting this requirement and all applicable terms and conditions once systems return to normal.

ADDENDUM TO 52.212-2 EVALUATION – Commercial Items

(a) The Government will offer a contract resulting from this solicitation to the responsible quoter whose quote, conforming to the solicitation, will be most advantageous to the Government, price and other factors considered. The Government will perform a comparative evaluation of each quote by comparing quotes to one another in order to select the quote that is most advantageous to the Government. IAW FAR 13.106-1(a)(2)(ii), and FAR 13.106-2, the offer will be based on (1) Technical and (2) Price resulting in the “Best Value” for the government.

(b) A written acceptance of a quote will be provided to the successful quoter. The quoter shall respond back with acceptance or non-acceptance within two (2) business days after being provided the offer. The successful contractor shall sign the SF 1449, accepting the offer from the Government to provide Refuse Services, and return it to the contact specialist and Contracting Officer. The Contracting Officer will award one, firm fixed price contract resulting from this RFQ to the responsible quoter(s) whose quote is conforming to the RFQ and most advantageous to the Government.

1. Technical (Non-Cost/Price)-This Factor involves the Contractor’s proposed plan to ensure it meets the specifications as defined in Part 5 of the PWS. The contractor shall provide a plan outlining in detail how they will provide the required rental dumpsters, how they will manage multiple dumpster locations, and their plan on providing refuse removal in accordance with section 5 of the PWS.

2. Price – Offer will be made to the quoter whose quote represents the best overall value to the Government.

a. Quoters shall complete pricing for each CLIN and ELIN as required without TAXES and including all shipping charges. Quotes shall be provided in United States Dollars.

b. Completeness. Each quoter is required to provide complete pricing for each contract line identified. The price quote shall include a unit price for each item and total firm-fixed-price for all line items.

c. Unbalanced Pricing. The quoter shall ensure the pricing of contract line items are not significantly over or understated, which may increase performance risk or result in unreasonably high prices.

d. Price Reasonableness. The quoter shall ensure prices reflect fair market value and be reasonable when compared to the independent Government estimate, if applicable, and current market prices for same or similar services.

* Note that past performance is evaluated as part of the responsibility determination.

The following FAR and DFAR provisions are applicable to this acquisition:

52.204-7 System for Award Management 52.204-17 Ownership or Control of Offeror 52.204-20 Predecessor of Offeror 52.209-7 Information Regarding Responsibility Matters 52.212-3 Offeror Representations and Certifications—Commercial

Products and Commercial Services 52.222-22 Previous Contracts And Compliance Reports 52.223-22 Public Disclosure of Greenhouse Gas Emissions and

Reduction Goals -- Representation.

52.233-3 Protest After Award 252.203-7005 Representation Relating to Compensation of Former DoD Officials 252.204-7024 Notice on the Use of the Supplier Performance Risk System

The following FAR clauses are applicable to this acquisition:

52.203-3 Gratuities 52.203-13 Contractor Code of Business Ethics and Conduct 52.204-13 System for Award Management Maintenance 52.204-14 Service Contract Reporting Requirements 52.204-16 Commercial and Government Entity Code Reporting 52.204-18 Commercial and Government Entity Code Maintenance 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities

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

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

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

52.222-41 Service Contract Labor Standards 52.222-42 Statement Of Equivalent Rates For Federal Hires 52.222-54 Employment Eligibility Verification 52.232-39 Unenforceability of Unauthorized Obligations 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors 52.233-1 Disputes 52.233-4 Applicable Law for Breach of Contract Claim 52.237-1 Site Visit

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION

52.246-4 INSPECTION OF SERVICES--FIXED-PRICE

52.252-2 CLAUSES INCORPORATED BY REFERENCE

The following additional DFARS provisions and clauses are applicable to the acquisition:

252.201-7000 Contracting Officer's Representative 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials 252.203-7002 Requirement to Inform Employees of Whistleblower Rights 252.204-7003 Control Of Government Personnel Work Product 252.204-7004 Antiterrorism Awareness Training for Contractors 252.204-7008 Compliance With Safeguarding Covered Defense

Information Controls 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting 252.204-7015 Notice of Authorized Disclosure of Information for

Litigation Support 252.204-7018 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements

252.204-7020 NIST SP 800-171 DoD Assessment Requirements 252.204-7021 Contractor Compliance with the Cybersecurity Maturity Model Certification Level

Requirement 252.204-7023 Reporting Requirements for Contracted Services 252.205-7000 Provision Of Information To Cooperative Agreement Holders 252.211-7003 Item Unique Identification and Valuation 252.215-7007 Notice of Intent to Resolicit 252.215-7008 Only One Offer

252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports 252.232-7006 Wide Area Workflow Payment Instructions

252.232-7010 Levies on Contract Payments 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel 252.243-7002 Requests for Equitable Adjustment 252.244-7000 Subcontracts for Commercial Products or Commercial Services 252.247-7023 Transportation of Supplies by Sea

FAR FULL TEXT PROVISIONS:

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO

INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2007)

(a) Definitions. As used in this provision--``Lobbying contact'' has the meaning provided at 2 U.S.C. 1602(8). The terms ``agency,'' ``influencing or attempting to influence,'' ``officer or employee of an agency,'' ``person,'' ``reasonable compensation,'' and ``regularly employed'' are defined in the FAR clause of this solicitation entitled ``Limitation on Payments to Influence Certain Federal Transactions'' (52.203-12).

(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled ``Limitation on Payments to Influence Certain Federal Transactions'' (52.203-12) are hereby incorporated by reference in this provision.

(c) Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this contract.

(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

(End of provision)

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)

52.204-26 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.

(End of provision)

52.222-25 Affirmative Action Compliance.

As prescribed in 22.810(d), insert the following provision:

Affirmative Action Compliance (Apr 1984) The offeror represents that-

(a) It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2); or

(b) It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

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://www.acquisition.gov/

DFARS FULL TEXT PROVISIONS:

https://www.acquisition.gov/far/22.810#FAR_22_810

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.

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services--Representation (MAY 2021)

The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services-- Representation, that it “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.”

(a) Definitions. Covered defense telecommunications equipment or services, covered mission, critical technology, and substantial or essential component, as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.

(b) Prohibition. Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L.

115-91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

(d) Representation. If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services--Representation, that it “does” 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, then the Offeror shall complete the following additional representation:

The Offeror represents that it [ ] will [ ] will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will provide covered defense telecommunications equipment or services,” the Offeror shall provide the following information as part of the offer:

(1) A description of all covered defense telecommunications equipment and services offered (include brand or manufacturer; product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).

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

(3) For services, the entity providing the covered defense telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).

(4) For equipment, the entity that produced or provided the covered defense telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

52.233-2 Service of Protest.

As prescribed in 33.106 , insert the following provision:

Service of Protest (Sept 2006)

(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 SPO OIC, MAJ Peter Hamill at peter.v.hamill2@army.mil

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

FULL TEXT CLAUSES:

https://www.acquisition.gov/far/33.106#FAR_33_106 https://www.acquisition.gov/far/33.101#FAR_33_101 mailto:peter.v.hamill2@army.mil

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (FEB 2024)

(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 Covered Entities (DEC 2023) (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) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 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: [Contracting Officer check as appropriate.]

XX (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. 4655).

___ (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) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C.

4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community--see FAR 3.900(a).

XX (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (6) [Reserved]

___ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

XX (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

___ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders--Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115-390, title II).

___ (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition.

(DEC 2023) (Pub. L. 115-390, title II).

___ (ii) Alternate I (DEC 2023) of 52.204-30.

XX (12) 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).

XX (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

____ (14) [Reserved]

____ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

____ (16) 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).

____ (17) [Reserved]

____ (18)(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.

____ (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C.

644).

____ (ii) Alternate I (MAR 2020) of 52.219-7.

____ (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).

____ (21)(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) (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 2023) of 52.219-9.

____ (22) (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.

____ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

____ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C.

637(d)(4)(F)(i)).

____ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

____ (26) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (FEB 2024) (15 U.S.C. 632(a)(2)).

____ (ii) Alternate I (MAR 2020) of 52.219-28.

____ (27) 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)).

____ (28) 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)).

____ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

____ (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

XX (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

XX (32) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2024) (E.O. 13126).

XX (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

XX (34)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

____ (ii) Alternate I (FEB 1999) of 52.222-26.

XX (35)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

____ (ii) Alternate I (JUL 2014) of 52.222-35.

XX (36)(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.

XX (37) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

____ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 13496).

XX (39)(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).

____ (40) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 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.)

____ (41)(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.)

____ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

____ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

____ (44)(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.

____ (45)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-14.

____ (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

____ (47)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-16.

XX (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving

(JUN 2020) (E.O. 13513).

____ (49) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

____ (50) 52.223-21, Foams (JUN 2016) (E.O. 13693).

XX (51)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

____ (52) (i) 52.225-1, Buy American--Supplies (OCT 2022) (41 U.S.C. chapter 83).

____ (ii) Alternate I (OCT 2022) of 52.225-1.

____ (53)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (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 (FEB 2024) of 52.225-3.

____ (v) Alternate IV (OCT 2022) of 52.225-3.

____ (54) 52.225-5, Trade Agreements (NOV 2023) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (55) 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).

____ (56) 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. Subtitle A, Part V, Subpart G Note).

____ (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C.

____ (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

(NOV 2007) (42 U.S.C. 5150).

____ (59) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

____ (60) 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. 3805).

____ (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

XX (62) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management

(OCT 2018) (31 U.S.C. 3332).

____ (63) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

____ (64) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (65) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

____ (66) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.

637(d)(13)).

____ (67)(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: [Contracting Officer check as appropriate.]

_____ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

_____ (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).

_____ (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) (29 U.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).

_____ (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).

_____ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive…