Combined Synopsis_Solicitation (CSS) - RFQ W569QE-26-Q-0004 (13APR26).pdf
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- Solicitation number
- W569QE26Q0004
- Issued by
-
Department of the Army
About this file
This is a Combined Synopsis/Solicitation and Request for Quote (RFQ) issued by the 922nd Contracting Battalion under the 410th Contracting Support Brigade for portable latrines and handwashing stations in Del Rio, Texas. The solicitation number is W569QE-26-Q-0004 (also referenced as W91248-26-Q-0004), and this is a 100% small business set-aside with NAICS code 562991 (Septic Tank and Related Services). The requirement is for a competitive Firm-Fixed-Price (FFP) contract with a base period from April 27, 2026 to April 26, 2027, followed by four one-year option periods extending through April 26, 2031, plus a potential six-month extension under FAR 52.217-8 through October 26, 2031. The total estimated contract value is not specified in the document.
Quotes are due electronically by 1200 Central Daylight Time on April 18, 2026, and must remain valid for 90 days. Questions must be submitted by 1500 CDT on April 15, 2026. Offerors must submit four volumes: Technical Capability (limited to 10 pages), Price (completed bid schedule with pricing breakdown), Past Performance, and Solicitation Documents. Award will be based on lowest price technically acceptable (LPTA) criteria, with evaluation focusing on adequate and qualified staffing that meets FAR 52.219-14 (Limitations of Subcontracting) and PWS requirements. Contractors must be registered in the System for Award Management (SAM) prior to award and must register in the Procurement Integrated Enterprise Environment (PIEE) and Wide Area Workflow (WAWF) to submit invoices. Service Contract Labor Standards (SCLS) apply, with wage determination WD#2015-5303 dated December 2, 2025 attached. Monthly invoicing is acceptable, and the Defense Priorities and Allocations System (DPAS) does not apply to this acquisition.
View the file
Other files
| File | Type | Posted |
|---|---|---|
| B08 Price Schedule (17APR26).xlsx | XLSX spreadsheet | |
| B08 Price Schedule (16APR26)(ADD CLIN 0006).xlsx | XLSX spreadsheet | |
| B08 Performance Work Statement (16APR26).pdf | ||
| Attachment A_Locations of Latrines and Hand Washing Stations.pdf | ||
| QUESTIONS and ANSWERS for W569QE26Q0004 (16APR26).docx | DOCX document | |
| Combined Synopsis_Solicitation (CSS) - RFQ W569QE-26-Q-0004 (15APR26).pdf | ||
| B08 Price Schedule (14APR26).xlsx | XLSX spreadsheet | |
| B08 Performance Work Statement.pdf | ||
| B08 Price Schedule (13APR26).xlsx | XLSX spreadsheet | |
| B08 WD 2015-5303 (02DEC25).pdf | ||
| Combined Synopsis_Solicitation (CSS) - RFQ W569QE-26-Q-0004 (13APR26).pdf | ||
| B08 Performance Work Statement.pdf | ||
| B08 Performance Work Statement.docx | DOCX document | |
| B08 Price Schedule.xlsx | XLSX spreadsheet | |
| B08 WD 2015-5303 (02DEC25).pdf |
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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 only solicitation; proposals are being requested and a written solicitation will not be issued.
Request for Quote (RFQ): Solicitation Number W569QE-26-Q-0004
Title: Task Force Guardian 315th Engineer Battalion Portable Latrines and Handwashing Stations, Del Rio, TX This is a solicitation request under RFQ number W91248-26-Q-0004 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 2026-01 effective 03 March 2026. 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 922nd Contracting Battalion, under the 410th Contracting Support Brigade, intends to award a Firm-Fixed-Price (FFP) contract for Portable Latrines and Handwashing Stations in Del Rio, Texas.
This acquisition will be a total 100% Small business set-aside. The NAICS code is 562991 – Septic Tank and Related Services. This is a competitive Firm-Fixed Price (FFP) requirement.
*Contractors shall review the “Attachment B08 Performance Work Statement
Attachment List B08 Price Schedule B08 Performance Work Statement
B08 SCA WD#2015-5303 (DEC 2, 2025)
POP
Performance Period Start Date End Date Estimated Value
Base Period 27 APR 2026 26 APR 2027
Option 1 27 APR 2027 26 APR 2028
Option 2 27 APR 2028 26 APR 2029
Option 3 27 APR 2029 26 APR 2030
Option 4 27 APR 2030 26 APR 2031
52.217-8 27 APR 2031 26 OCT 2031
Total Estimated Contract Value
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, Instructions to Offerors-Commercial Products and Commercial Services, applies to this acquisition. The following have been tailored to this procurement and are hereby added via addendum:
1. General Information. This requirement is solicited as a 100% small business set-aside. The offeror’s quote shall be submitted electronically by the date and time for receipt of offers indicated in the solicitation. These instructions prescribe the format for the quotation and describe the approach for the development and presentation of your information.
These instructions are a guide for preparing your quotation. These instructions generally describe the type and extent of information you should provide and emphasize the significant topic areas you should address in your offer. Offerors are expected to review the Performance Work Statement (PWS) contained in this Request for Quote (RFQ) for further insight into the areas that your quote must address. Offerors shall include in the quote sufficient information to enable the evaluators to determine your understanding of the requirements in each of the evaluated areas.
The quotation shall be clear, concise, and shall include sufficient detail for effective evaluation and for substantiating the validity of stated claims. The quote should not simply rephrase or restate the Government’s requirements but rather shall provide convincing rationale to address how the contractor intends to meet these requirements. Offerors shall assume that the Government has no prior knowledge of their experience and will base its evaluation on the information presented in the quotation. Elaborate brochures or documentation, binding, detailed artwork, or other embellishments are unnecessary and are not desired.
2. Discussions: The Government intends to evaluate quotes and award without discussions (except clarifications as described in FAR 15.306(a)). Therefore, the initial offer should contain your best terms from a technical and price standpoint. However, the Government reserves the right to make clarification or request revised responses if later determined by the Contracting Officer to be necessary. The Government may reject any or all responses if such action is in the public interest and/or waive informalities and minor irregularities in your submitted offer. By responding to this RFQ and submitting a quote in response to the RFQ, the offeror understands that the Government will not be liable for any costs incurred by the offeror in response to this RFQ.
POCS for this acquisition are:
SSG Robles / SFC McKinney 410th Contracting Support Brigade 4130 Stanley Road, Bldg. 1000 JBSA, Fort Sam Houston, TX 78234 Fort Campbell, KY 42223 fernando.j.roblesvargas.mil@army.mil catherine.r.mckinney.mil@army.mil mailto:fernando.j.roblesvargas.mil@army.mil mailto:catherine.r.mckinney.mil@army.mil
3. Solicitation questions: Offerors may email questions regarding this solicitation to the Contracting Specialist, SSG Fernando Robles at fernando.j.roblesvargas.mil@army.mil and CC: SFC Catherine McKinney at catherine.r.mckinney.mil@army.mil. The Government will answer all questions provided that the questions are received by 1500 hours Central Daylight Time (CDT) on 15 April 2026. 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. Accordingly, Offerors are encouraged to carefully review all solicitation requirements and submit questions to the Government early in the offer cycle.
4. Acceptance: Quotes are due no later than 1200 Central Daylight Time on 18 April 2026.
Late offers may not be considered.
It is the responsibility of the offeror to ensure quotations are received and acknowledged by the Contracting Specialist, SSG Fernando Robles and the Contracting Officer, SFC Catherine McKinney on or before the deadline for submission of quotes. Quotes must be valid for 90 days.
5. System for Award Management: Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.
Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.sam.gov.
Once the solicitation is posted potential offerors are responsible to monitor SAM.gov until the closing date for any issued amendments.
6. The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition.
7. It is the contractor’s responsibility to review these clauses prior to submitting their quote.
Clauses can be obtained at www.acquisition.gov.
8. Monthly invoicing is acceptable for work completed; no other forms of contract financing are permitted in the acquisition
9. The Defense Priorities and Allocations System (DPAS) and assigned rating is not sued for this requirement.
10. 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.
mailto:fernando.j.roblesvargas.mil@army.mil%20 https://www.sam.gov/ http://www.acquisition.gov/
11. Format and Contents: The offeror’s quotation shall consist of four (4) volumes. The Volumes are I – Technical Capability, II – Price, III – Past Performance, IV – Solicitation Documents . Files shall not contain classified data. The use of hyperlinks in offers is prohibited. Offerors are cautioned that “parroting” of the technical requirements or the PWS with a statement of intent to perform does not reflect an understanding of the requirement or capability to perform. Offerors are responsible for including sufficient details to permit a complete and accurate evaluation of each offer. Proprietary information shall be clearly marked.
Each volume shall be submitted as a separate electronic file. All the quotation files shall be provided in their native format, i.e. doc, xls, ppt, etc., and. Zip disks are not permitted. Files with signatures shall be in read-only format, using PDF files. All price breakdown information to aide in the price evaluation shall be submitted in Microsoft Office Excel Read/Write format and viewable in Microsoft Excel. Self-extracting exel files are not acceptable.
The following volumes shall be submitted:
Volume Title Digital Copies
Maximum number of Pages
I Technical Capability
1 10 pages
II Price 1 Completed Bid Schedule IV Solicitation
Documents 1 N/A
NOTE: Pages that exceed the required page limitations will not be evaluated. Additional pages over the maximum allowed will be removed or not read and will not be evaluated by the Government. All information shall be confined to the appropriate file/volume. The offeror shall confine submissions to essential matters, sufficient to define the offer in a concise manner, to permit a complete and accurate evaluation of each offer. Each file of the offer shall consist of a Table of Contents and Narrative discussion. The Table of Contents and Cover Pages are not included in the page count. Proprietary information shall be clearly marked. The following shall be included in the Narrative discussion
Volume I – Technical Capability. For the Technical Acceptability Factor, your offer shall be limited to no more than 10 pages. Technical Acceptability shall describe your approach to the identified tasks; your plan to meet the requirements as described in the Performance PWS. No pricing shall be included in your technical volume.
Volume II – Price. The offeror shall fully complete the Bid Schedule (B08 Bid Schedule).
It shall contain the prices for all the listed CLINs and Option Years. The total price for each performance year shall incorporate the price of all contract requirements, PWS requirements, tasks and deliverables. The offeror shall submit pricing information to support the completeness and reasonableness of their proposed prices. A breakdown should also be provided for price traceability which shows the skill mix, labor categories, estimated number of hours and labor rates. Information shall also be segregated by the performance periods and the total price for each CLIN as specified in the solicitation.
The attached bid schedule 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 the Base Period, Option Period One, Option Period Two, Option Period Three, and Option Period Four. Note that the 52.217-8 six (6) month option to extend services is derived by using 50% of the estimated price for the fourth option year.
Vendors shall indicate how long the quote is valid, as a minimum the quote shall be valid for 90 days.
Volume III – Solicitation Documents. Each offeror shall complete (fill-in and sign) the solicitation sections indicated below using the file (without modification to the file) provided with the RFQ. An authorized official of the firm shall sign the Combined Synopsis/Solicitation at the end of this document, all solicitation amendments, and all certifications requiring original signature. An Acrobat PDF file shall be created to capture the signatures for submission.
Combined Synopsis/Solicitation.
If Representations and Certifications are completed and up to date in SAM.gov, then Solicitation provisions incorporated by reference are not required.
BASIS FOR AWARD
ADDENDUM TO 52.212-2 EVALUATION – Commercial Items
Evaluation Factors
12. Basis of Contract Award: The award will be based on the lowest price technically acceptable (LPTA) evaluated price of proposals received that meet, or exceed, the acceptable standards of the non-price factors identified in the solicitation. All proposals will be evaluated for technical acceptability. The Government intends to award this requirement without discussions. Award will be made in accordance with the evaluation criteria set forth below.
13. Selection Process: Offers will be evaluated using the criteria listed in “Evaluation Approach and Factors for Award.” Failure to include all information requested may adversely affect the evaluation. A quotation that merely reiterates or promises to accomplish the requirements of the RFQ will be considered unresponsive. An offer that is orderly, sufficiently documented, and easy for the Government to understand will enable the Government to perform a thorough and fair evaluation. The Contracting Officer will begin the evaluation process by conducting a compliance review to determine the basic quotation adequacy prior to providing the offers to the evaluation team. This will determine which quotes are deemed responsive and not responsive in response to this solicitation. The Government also reserves the right to obtain additional information solely for the purpose of making a responsible determination from the offers’. Requests for responsibility information do not constitute discussions. By submission of the offer, you agree that all items proposed (if applicable e.g., Key Personnel, subcontractors, etc.) will be utilized for the duration of the contract.
14. Evaluation Approach and Factors for Award: All offers will be subject to evaluation. All quotes will be evaluated under three evaluation factors
Factor 1: Technical Capability Factor II: Price
Technical Capability Factor:
Staffing. The Government will evaluate whether the offeror has submitted a staffing plan which meets the following criteria:
*Provides an adequate and qualified staffing approach which includes skill sets, backup support, task management, key personnel, etc. to sufficiently meet all the contract terms, PWS requirements, and deliverables of this contract.
*Meets the requirements of FAR 52.219-14, Limitations of Subcontracting.
Award will be made to the offeror whose offer has been determined technically acceptable and has the lowest price.
An offer will be determined “Unacceptable” if it is not rated “Acceptable” in all factors. All offers will be subject to evaluation. The rating table below depicts the evaluation approach for the Technical Capability Factor.
Rating Description Acceptable Offer clearly meets the minimum requirements for the solicitation.
Unacceptable Offer does not clearly meet the minimum requirements for the solicitation
Price Factor:
The Government will evaluate each price offer using price analysis techniques delineated in FAR 13.202. Accordingly, the analytical techniques prescribed in FAR 13.203(a) may be used singularly or in combination to ensure the price is fair and reasonable. Proposed prices evaluated as unreasonable may be grounds for eliminating an offer for competitions. As part of price evaluation, the Government will evaluate its option to extend services (see FAR Clause 52.217-8) by adding one-half of the offeror's final option period price to the offeror's total price. Thus, the offeror's total price for the purpose of evaluation will include the base period, first option, second option, third option, fourth option, and one-half of the fourth option. Offerors are required only to price the base and four options. Offerors shall not submit a price for the potential one-half-year extension of services period. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. The evaluation of options does not obligate the Government to exercise the option(s).
Refer to FAR 52.212-2 (b) regarding calculation of prices. As part of the price evaluation, the Government will evaluate the Option to Extend Services under FAR clause 52.217-8 by adding one-half of the offeror’s final option price to the offeror’s total price. The final award evaluation will include the base year, all option years, and the six months FAR 52.217-8 clause option.
Competency (COC) determination in accordance with procedures in FAR 15.101-2(b)(1).
The following FAR and DFAR provisions are applicable to this acquisition:
52.204-7 System for Award Management 52.219-1 Small Business Program Representations
52.222-48 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Certification 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Certification 52.252-5 Authorized Deviations in Provisions 252.203-7005 Representation Relating to Compensation of Former DoD Officials 252.204-7024 Notice on the Use of the Supplier Performance Risk System 252.205-7000 Provision of Information to Cooperative Agreement Holders
The following FAR clauses are applicable to this acquisition:
52.203-3 Gratuities 52.203-12 Limitation on Payments to Influence Certain Federal Transactions 52.203-16 Preventing Personal Conflicts of Interest 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards 52.204-13 System for Award Management Maintenance 52.204-14 Service Contract Reporting Requirements 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment 52.209-7 Information Regarding Responsibility Matters 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters 52.209-10 Prohibition on Contracting With Inverted Domestic
Corporations 52.212-4 Contract Terms and Conditions--Commercial Products and
Commercial Services 52.217-3 Evaluation Exclusive of Options 52.217-5 Evaluation of Options 52.219-14 Limitations on Subcontracting 52.219-28 Post-Award Small Business Program Representation 52.222-3 Convict Labor 52.222-19 Child Labor—Cooperation with Authorities and Remedies 52.222-35 Equal Opportunity for Veterans 52.222-36 Equal Opportunity for Workers with Disabilities 52.222-37 Employment Reports on Veterans 52.222-40 Notification of Employee Rights Under the National Labor Relations Act 52.222-42 Statement of Equivalent Rates For Federal Hires 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) 52.222-50 Combating Trafficking in Persons 52.222-51 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements 52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements 52.222-54 Employment Eligibility Verification 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026
52.222-62 Paid Sick Leave Under Executive Order 13706 52.223-23 Sustainable Products and Services 52.224-3 Privacy Training 52.226-7 Drug-Free Workplace 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving 52.232-23 Assignment of Claims 52.232-33 Payment by Electronic Funds Transfer—System for Award Management 52.232-39 Unenforceability of Unauthorized Obligations 52.232-40 Providing Accelerated Payments to Small Business 52.233-1 Disputes 52.233-3 Protest After Award 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 52.237-3 Continuity of Services 52.240-90 Security Prohibitions and Exclusions Representations and Certifications 52.243-1 Changes—Fixed Price--Alternate II 52.246-4 Inspection of Services--Fixed-Price 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) 52.252-2 Clauses Incorporated by Reference 52.252-4 Alterations in Contract
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 252.211-7003 Item Unique Identification and Valuation 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 252.232-7011 Payments in Support of Emergencies and Contingency Operations
252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel 252.237-7011 Preparation History 252.243-7002 Requests for Equitable Adjustment 252-243-7001 Pricing of Contract Modifications 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)
(a) Definitions. As used in this provision-
(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)
52.252-1 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/
(End of provision)
FULL TEXT CLAUSES:
52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 5 days of contract expiration.
(End of clause)
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within before contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 10 days before the contract expires.
The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.
52.222-41 Service Contract Labor Standards.
As prescribed in 22.1006(a), insert the following clause:
https://www.acquisition.gov/far/part-22#FAR_22_1006
SERVICE CONTRACT LABOR STANDARDS (AUG 2018)
(a) Definitions. As used in this clause—
Contractor, when this clause is used in any subcontract, shall be deemed to refer to the subcontractor, except in the term "Government Prime Contractor."
Service employee means any person engaged in the performance of this contract other than any person employed in a bona fide executive, administrative, or professional capacity, as these terms are defined in Part 541 of Title 29, Code of Federal Regulations, as revised. It includes all such persons regardless of any contractual relationship that may be alleged to exist between a Contractor or subcontractor and such persons.
(b) Applicability. This contract is subject to the following provisions and to all other applicable provisions of 41 U.S.C. chapter 67, Service Contract Labor Standards, and regulations of the Secretary of Labor (29 CFR Part 4). This clause does not apply to contracts or subcontracts administratively exempted by the Secretary of Labor or exempted by 41 U.S.C. 6702, as interpreted in Subpart C of 29 CFR Part 4.
(c) Compensation.
(1) Each service employee employed in the performance of this contract by the Contractor or any subcontractor shall be paid not less than the minimum monetary wages and shall be furnished fringe benefits in accordance with the wages and fringe benefits determined by the Secretary of Labor, or authorized representative, as specified in any wage determination attached to this contract.
(2)
(i) If a wage determination is attached to this contract, the Contractor shall classify any class of service employee which is not listed therein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination) so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed class of employees shall be paid the monetary wages and furnished the fringe benefits as are determined pursuant to the procedures in this paragraph (c).
(ii) This conforming procedure shall be initiated by the Contractor prior to the performance of contract work by the unlisted class of employee. The Contractor shall submit Standard Form (SF) 1444, Request For Authorization of Additional Classification and Rate, to the Contracting Officer no later than 30 days after the unlisted class of employee performs any contract work. The Contracting Officer shall review the proposed classification and rate and promptly submit the completed SF 1444 (which must include information regarding the agreement or disagreement of the employees’ authorized representatives or the employees themselves together with the agency recommendation), and all pertinent information to the Wage and Hour Division, U.S. Department of Labor. The Wage and Hour Division will approve, modify, or disapprove the action or render a final determination in the event of disagreement within 30 days of receipt or will notify the Contracting Officer within 30 days of receipt that additional time is necessary.
(iii) The final determination of the conformance action by the Wage and Hour Division shall be transmitted to the Contracting Officer who shall promptly notify the Contractor of the action taken. Each affected employee shall be furnished by the Contractor with a written copy of such determination or it shall be posted as a part of the wage determination.
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(iv)
(A) The process of establishing wage and fringe benefit rates that bear a reasonable relationship to those listed in a wage determination cannot be reduced to any single formula. The approach used may vary from wage determination to wage determination depending on the circumstances. Standard wage and salary administration practices which rank various job classifications by pay grade pursuant to point schemes or other job factors may, for example, be relied upon. Guidance may also be obtained from the way different jobs are rated under Federal pay systems (Federal Wage Board Pay System and the General Schedule) or from other wage determinations issued in the same locality. Basic to the establishment of any conformable wage rate(s) is the concept that a pay relationship should be maintained between job classifications based on the skill required and the duties performed.
(B) In the case of a contract modification, an exercise of an option, or extension of an existing contract, or in any other case where a Contractor succeeds a contract under which the classification in question was previously conformed pursuant to paragraph (c) of this clause, a new conformed wage rate and fringe benefits may be assigned to the conformed classification by indexing (i.e., adjusting) the previous conformed rate and fringe benefits by an amount equal to the average (mean) percentage increase (or decrease, where appropriate) between the wages and fringe benefits specified for all classifications to be used on the contract which are listed in the current wage determination, and those specified for the corresponding classifications in the previously applicable wage determination. Where conforming actions are accomplished in accordance with this paragraph prior to the performance of contract work by the unlisted class of employees, the Contractor shall advise the Contracting Officer of the action taken but the other procedures in subdivision (c)(2)(ii) of this clause need not be followed.
(C) No employee engaged in performing work on this contract shall in any event be paid less than the currently applicable minimum wage specified under section 6(a)(1) of the Fair Labor Standards Act of1938, as amended.
(v) The wage rate and fringe benefits finally determined under this paragraph (c)(2) of this clause shall be paid to all employees performing in the classification from the first day on which contract work is performed by them in the classification. Failure to pay the unlisted employees the compensation agreed upon by the interested parties and/or finally determined by the Wage and Hour Division retroactive to the date such class of employees commenced contract work shall be a violation of the Service Contract Labor Standards statute and this contract.
(vi) Upon discovery of failure to comply with paragraph (c)(2) of this clause, the Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be retroactive to the date such class or classes of employees commenced contract work.
(3) Adjustment of compensation. If the term of this contract is more than 1 year, the minimum monetary wages and fringe benefits required to be paid or furnished thereunder to service employees under this contract shall be subject to adjustment after 1 year and not less often than once every 2 years, under wage determinations issued by the Wage and Hour Division.
(d) Obligation to furnish fringe benefits. The Contractor or subcontractor may discharge the obligation to furnish fringe benefits specified in the attachment or determined under paragraph (c)(2) of this clause by furnishing equivalent combinations of bona fide fringe benefits, or by making equivalent or differential cash payments, only in accordance with Subpart D of 29 CFR Part 4.
(e) Minimum wage. In the absence of a minimum wage attachment for this contract, neither the Contractor nor any subcontractor under this contract shall pay any person performing work under this contract (regardless of whether the person is a service employee) less than the minimum wage specified by section 6(a)(1) of the Fair Labor Standards Act of1938. Nothing in this clause shall relieve the Contractor or any subcontractor of any other obligation under law or contract for payment of a higher wage to any employee.
(f) Successor contracts. If this contract succeeds a contract subject to the Service Contract Labor Standards statute under which substantially the same services were furnished in the same locality and service employees were paid wages and fringe benefits provided for in a collective bargaining agreement, in the absence of the minimum wage attachment for this contract setting forth such collectively bargained wage rates and fringe benefits, neither the Contractor nor any subcontractor under this contract shall pay any service employee performing any of the contract work (regardless of whether or not such employee was employed under the predecessor contract), less than the wages and fringe benefits provided for in such collective bargaining agreement, to which such employee would have been entitled if employed under the predecessor contract, including accrued wages and fringe benefits and any prospective increases in wages and fringe benefits provided for under such agreement. No Contractor or subcontractor under this contract may be relieved of the foregoing obligation unless the limitations of 29 CFR 4.1 b(b) apply or unless the Secretary of Labor or the Secretary’s authorized representative finds, after a hearing as provided in 29 CFR 4.10 that the wages and/or fringe benefits provided for in such agreement are substantially at variance with those which prevail for services of a character similar in the locality, or determines, as provided in 29 CFR 4.11, that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm’s length negotiations.
Where it is found in accordance with the review procedures provided in 29 CFR 4.10 and/or 4.11 and Parts6 and 8 that some or all of the wages and/or fringe benefits contained in a predecessor Contractor’s collective bargaining agreement are substantially at variance with those which prevail for services of a character similar in the locality, and/or that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm’s length negotiations, the Department will issue a new or revised wage determination setting forth the applicable wage rates and fringe benefits. Such determination shall be made part of the contract or subcontract, in accordance with the decision of the Administrator, the Administrative Law Judge, or the Administrative Review Board, as the case may be, irrespective of whether such issuance occurs prior to or after the award of a contract or subcontract (53 Comp. Gen. 401 (1973)). In the case of a wage determination issued solely as a result of a finding of substantial variance, such determination shall be effective as of the date of the final administrative decision.
(g) Notification to employees. The Contractor and any subcontractor under this contract shall notify each service employee commencing work on this contract of the minimum monetary wage and any fringe benefits required to be paid pursuant to this contract, or shall post the wage determination attached to this contract. The poster provided by the Department of Labor (Publication WH 1313) shall be posted in a prominent and accessible place at the work site. Failure to comply with this requirement is a violation of 41 U.S.C. 6703 and of this contract.
(h) Safe and sanitary working conditions. The Contractor or subcontractor shall not permit any part of the services called for by this contract to be performed in buildings or surroundings or under working conditions provided by or under the control or supervision of the Contractor or subcontractor which are unsanitary, hazardous, or dangerous to the health or safety of the service employees. The Contractor or subcontractor shall comply with the safety and health standards applied under 29 CFR Part 1925.
(i) Records.
(1) The Contractor and each subcontractor performing work subject to the Service Contract Labor Standards statute shall make and maintain for 3 years from the completion of the work, and make them https://www.acquisition.gov/far/part-4#FAR_Subpart_4_1 https://www.acquisition.gov/far/part-4#FAR_Subpart_4_10 https://www.acquisition.gov/far/part-4#FAR_Subpart_4_11 https://www.acquisition.gov/far/part-4#FAR_Subpart_4_10 https://www.acquisition.gov/far/part-4#FAR_Subpart_4_11 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section6703&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section6703&num=0&edition=prelim available for inspection and transcription by authorized representatives of the Wage and Hour Division, a record of the following:
(i) For each employee subject to the Service Contract Labor Standards statute-
(A) Name and address and social security number;
(B) Correct work classification or classifications, rate or rates of monetary wages paid and fringe benefits provided, rate or rates of payments in lieu of fringe benefits, and total daily and weekly compensation;
(C) Daily and weekly hours worked by each employee; and
(D) Any deductions, rebates, or refunds from the total daily or weekly compensation of each employee.
(ii) For those classes of service employees not included in any wage determination attached to this contract, wage rates or fringe benefits determined by the interested parties or by the Administrator or authorized representative under the terms of paragraph (c) of this clause. A copy of the report required by subdivision (c)(2)(ii) of this clause will fulfill this requirement.
(iii) Any list of the predecessor Contractor’s employees which had been furnished to the Contractor as prescribed by paragraph (n) of this clause.
(2) The Contractor shall also make available a copy of this contract for inspection or transcription by authorized representatives of the Wage and Hour Division.
(3) Failure to make and maintain or to make available these records for inspection and transcription shall be a violation of the regulations and this contract, and in the case of failure to produce these records, the Contracting Officer, upon direction of the Department of Labor and notification to the Contractor, shall take action to cause suspension of any further payment or advance of funds until the violation ceases.
(4) The Contractor shall permit authorized representatives of the Wage and Hour Division to conduct interviews with employees at the work site during normal working hours.
(j) Pay periods. The Contractor shall unconditionally pay to each employee subject to the Service Contract Labor Standards statute all wages due free and clear and without subsequent deduction (except as otherwise provided by law or regulations, 29 CFR Part 4), rebate, or kickback on any account. These payments shall be made no later than one pay period following the end of the regular pay period in which the wages were earned or accrued. A pay period under this statute may not be of any duration longer than semi-monthly.
(k) Withholding of payments and termination of contract. The Contracting Officer shall withhold or cause to be withheld from the Government Prime Contractor under this or any other Government contract with the Prime Contractor such sums as an appropriate official of the Department of Labor requests or such sums as the Contracting Officer decides may be necessary to pay underpaid employees employed by the Contractor or subcontractor. In the event of failure to pay any employees subject to the Service Contract Labor Standards statute all or part of the wages or fringe benefits due under the Service Contract Labor Standards statute, the Contracting Officer may, after authorization or by direction of the Department of Labor and written notification to the Contractor, take action to cause suspension of any further payment or advance of funds until such violations have ceased. Additionally, any failure to comply with the requirements of this clause may be grounds for termination of the right to proceed with the contract work.
In such event, the Government may enter into other contracts or arrangements for completion of the work, charging the Contractor in default with any additional cost.
(l) Subcontracts. The Contractor agrees to insert this clause in all subcontracts subject to the Service Contract Labor Standards statute.
(m) Collective bargaining agreements applicable to service employees. If wages to be paid or fringe benefits to be furnished any service employees employed by the Government Prime Contractor or any subcontractor under the contract are provided for in a collective bargaining agreement which is or will be effective during any period in which the contract is being performed, the Government Prime Contractor shall report such fact to the Contracting Officer, together with full information as to the application and accrual of such wages and fringe benefits, including any prospective increases, to service employees engaged in work on the contract, and a copy of the collective bargaining agreement.
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