COMBO_Combined Synopsis Solicitation FWA CYS Facilites Ground Maintenance.pdf

COMBINED SYNOPSIS/SOLICITATION

Fort Wainwright, Alaska (FWA) Child and Youth Services (CYS)

Facilities Snow Removal/Lawn Maintenance

OVERVIEW:

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 and in conjunction with FAR Part 13 and Subpart 13.5 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. The Combined Synopsis/Solicitation number is W912D0-21-Q-0169 and incorporates provisions and clauses for commercial items in effect through Federal Acquisition Circular FAC 2020-06, effective 6 May 2020. This acquisition is set aside 100% for Small Business. The NAICS Code is 561730 with a size standard of $8M. NOTE: The quantities are ESTIMATES and may increase or decrease depending on weather conditions. Vendors shall include all associated costs for lawn maintenance in the weekly rate for lawn maintenance and shall include all costs associated with snow removal in the price per “job”.

Contact Information:

John Quarles, Contracting Officer john.r.quarles.civ@mail.mil

(907) 353-2368

SSG Thousand, Charlee, Contracting Specialist charlee.r.thousand.mil@mail.mil (907)353-1199

Instructions to Vendors Vendors must complete the fill-in blocks for provisions 52.204-24 and 52.204.26. Vendors must electronically submit a fully completed bid sheet (Attach 4) NLT the date and time specified below. In addition vendors must be registered in SAM as a small business under NAICS code 561730 to be eligible for award.

Site Visit:

A site visit will be conducted on 23 November 2020 from 10:00 AM-2:00 PM. Participants shall meet at Building 1064, Fort Wainwright AK 99703.

All vendors participating in the site visit are required to notify the primary POC and alternate POC, listed above prior to the date of the site visit.

Solicitation Questions: All questions shall be submitted via e-mail to SSG Thousand, Charlee at charlee.r.thousand.mil@mail.mil and John Quarles at john.r.quarles.civ@mail.mil. Reference, “Solicitation W912D0-21-Q-0169, “FWA CYS Facilities Ground Maintenance” in the email subject line. Answers to questions will be made accessible to all potential Vendors seven days after suspense date. Suspense date for questions is as follow:

Questions will be accepted until:

Time: 9 AM, Alaska Standard Time (AKST)

Date: Tuesday, 01 December 2020

Proposal Information: All proposals shall be submitted via e-mail to SSG Thousand, Charlee at charlee.r.thousand.mil@mail.mil and John Quarles at john.r.quarles.civ@mail.mil. Reference, “Solicitation mailto:John.r.quarles.civ@mail.mil mailto:Patricia.a.sponaugle.civ@mail.mil

W912D0-21-Q-0000-0169, “FWA CYS Facilities Ground Maintenance” in the email subject line. Suspense date for questions is as follow:

Proposals will be accepted until:

Time: 9 AM, Alaska Standard Time (AKST)

Date: Wednesday, 16 December 2020

Proposals shall be structured to show an Item Number breakdown of the proposed requirement and should reflect a firm fixed-price to perform the services identified in the PWS. Proposals shall be emailed to the primary and alternate points of contact listed above.

Description of Requirement:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT LINE ITEM COST

0001 Lawn Maintenance 18 Week

The Contractor shall provide all personnel, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform lawn mowing maintenance services as defined in the Performance Work Statement (PWS) sections 1.3.2 and 5.2 except for those items specified as government furnished services. Lawn mowing and maintenance services to turf areas of Child/Youth Service Facilities will be required after facility hours of operation throughout the duration of the service contract. The contractor shall collect and dispose of trash and debris from lawn prior to each mowing. Lawn shall be mowed to a turf height of 2 ½ to 3 inches without removing more than 1/3 of the total leaf blade height. Lawn clipping mulch shall remain on turf to recycle into the lawn. The contractor shall trim around areas which are not feasible by other moving equipment, edge sidewalks, driveways, curbs, fences and sweep clippings and debris off of sidewalks, driveways or other applicable hard surfaces. The contractor shall be responsible for any damage to Government property. Lawn mowing maintenance services shall be provided weekly between the periods of 15 May - 15 September.

Period of Performance:

22 January 2021 to 21 January 2022 (Base year)

ITEM NO SUPPLIES/SERVICES Q UANTITY UNIT LINE ITEM COST

0002 Snow/Ice Removal 45 Job

The Contractor shall provide all personnel, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform snow/ice removal from sidewalks as defined in the Performance Work Statement (PWS) sections 1.3.1 and 5.1 except for those items specified as government furnished services. Snow removal and ice removal from the sidewalks of Child/Youth Service Facilities will be required before and during facility hours of operation throughout the duration of the service contract. This removal will be required anytime snow/ice accumulations on the sidewalks exceeds 1-inch, or upon notification by the Contract Officer Representative (COR) that slippery or slushy conditions exist which present a potential safety concern regardless of snow depth. Severe weather conditions that persist resulting in snow accumulations of 1-inch or more being exceeded several times throughout the duration of a single snow event may require subsequent snow removal trips. Each subsequent call out will be charged as another “job”.

The contractor shall be responsible for any damage to Government property. The contractor shall provide, maintain and place sand barrels in areas identified in Appendix B. The COR shall approve the sand barrels prior to placement.

Period of Performance:

22 January 2021 to 21 January 2022 (Base year)

1001 Lawn Maintenance 18 Week

The Contractor shall provide all personnel, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform lawn mowing maintenance services as defined in the Performance Work Statement (PWS) section 5 except for those items specified as government furnished services. Lawn mowing and maintenance services to turf areas of Child/Youth Service Facilities will be required after facility hours of operation throughout the duration of the service contract. The contractor shall collect and dispose of trash and debris from lawn prior to each mowing. Lawn shall be mowed to a turf height of 2 ½ to 3 inches without removing more than 1/3 of the total leaf blade height. Lawn clipping mulch shall remain on turf to recycle into the lawn. The contractor shall trim around areas which are not feasible by other moving equipment, edge sidewalks, driveways, curbs, fences and sweep clippings and debris off of sidewalks, driveways or other applicable hard surfaces. The contractor shall be responsible for any damage to Government property. Lawn mowing maintenance services shall be provided weekly between the periods of 15 May - 15 September.

Period of Performance:

22 January 2022 to 21 January 2023 (Option Year 1)

ITEM NO SUPPLIES/SERVICES Q UANTITY UNIT LINE ITEM COST

1002 Snow/Ice Removal 45 Job

The Contractor shall provide all personnel, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform snow/ice removal from sidewalks as defined in the Performance Work Statement (PWS) section 5 except for those items specified as government furnished services. Snow removal and ice removal from the sidewalks of Child/Youth Service Facilities will be required before and during facility hours of operation throughout the duration of the service contract. This removal will be required anytime snow/ice accumulations on the sidewalks exceeds 1-inch, or upon notification by the Contract Officer Representative (COR) that slippery or slushy conditions exist which present a potential safety concern regardless of snow depth. Severe weather conditions that persist resulting in snow accumulations of 1-inch or more being exceeded several times throughout the duration of a single snow event may require subsequent snow removal trips. Each subsequent call out will be charged as another “job”. The contractor shall be responsible for any damage to Government property. The contractor shall provide, maintain and place sand barrels in areas identified in Appendix B. The COR shall approve the sand barrels prior to placement.

Period of Performance:

22 January 2022 to 21 January 2023 2017 (Option Year 1).

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT LINE ITEM COST

2001 Lawn Maintenance 18 Week

The Contractor shall provide all personnel, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform lawn mowing maintenance services as defined in the Performance Work Statement (PWS) section 5 except for those items specified as government furnished services. Lawn mowing and maintenance services to turf areas of Child/Youth Service Facilities will be required after facility hours of operation throughout the duration of the service contract. The contractor shall collect and dispose of trash and debris from lawn prior to each mowing. Lawn shall be mowed to a turf height of 2 ½ to 3 inches without removing more than 1/3 of the total leaf blade height. Lawn clipping mulch shall remain on turf to recycle into the lawn. The contractor shall trim around areas which are not feasible by other moving equipment, edge sidewalks, driveways, curbs, fences and sweep clippings and debris off of sidewalks, driveways or other applicable hard surfaces. The contractor shall be responsible for any damage to Government property. Lawn mowing maintenance services shall be provided weekly between the periods of 15 May - 15 September.

Period of Performance:

22 January 2023 to 21 January 2024 (Option Year 2)

ITEM NO SUPPLIES/SERVICES Q UANTITY UNIT LINE ITEM COST

2002 Snow/Ice Removal 45 Job

The Contractor shall provide all personnel, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform snow/ice removal from sidewalks as defined in the Performance Work Statement (PWS) section 5 except for those items specified as government furnished services. Snow removal and ice removal from the sidewalks of Child/Youth Service Facilities will be required before and during facility hours of operation throughout the duration of the service contract. This removal will be required anytime snow/ice accumulations on the sidewalks exceeds 1-inch, or upon notification by the Contract Officer Representative (COR) that slippery or slushy conditions exist which present a potential safety concern regardless of snow depth. Severe weather conditions that persist resulting in snow accumulations of 1-inch or more being exceeded several times throughout the duration of a single snow event may require subsequent snow removal trips. Each subsequent call out will be charged as another “job”. The contractor shall be responsible for any damage to Government property. The contractor shall provide, maintain and place sand barrels in areas identified in Appendix B. The COR shall approve the sand barrels prior to placement.

Period of Performance:

22 January 2023 to 21 January 2024 (Option Year 2)

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT LINE ITEM COST

3001 Lawn Maintenance 18 Week

The Contractor shall provide all personnel, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform lawn mowing maintenance services as defined in the Performance Work Statement (PWS) section 5 except for those items specified as government furnished services. Lawn mowing and maintenance services to turf areas of Child/Youth Service Facilities will be required after facility hours of operation throughout the duration of the service contract. The contractor shall collect and dispose of trash and debris from lawn prior to each mowing. Lawn shall be mowed to a turf height of 2 ½ to 3 inches without removing more than 1/3 of the total leaf blade height. Lawn clipping mulch shall remain on turf to recycle into the lawn. The contractor shall trim around areas which are not feasible by other moving equipment, edge sidewalks, driveways, curbs, fences and sweep clippings and debris off of sidewalks, driveways or other applicable hard surfaces. The contractor shall be responsible for any damage to Government property. Lawn mowing maintenance services shall be provided weekly between the periods of 15 May - 15 September.

Period of Performance:

22 January 2024 to 21 January 2025 (Option Year 3)

ITEM NO SUPPLIES/SERVICES Q UANTITY UNIT LINE ITEM COST

3002 Snow/Ice Removal 45 Job

The Contractor shall provide all personnel, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform snow/ice removal from sidewalks as defined in the Performance Work Statement (PWS) section 5 except for those items specified as government furnished services. Snow removal and ice removal from the sidewalks of Child/Youth Service Facilities will be required before and during facility hours of operation throughout the duration of the service contract. This removal will be required anytime snow/ice accumulations on the sidewalks exceeds 1-inch, or upon notification by the Contract Officer Representative (COR) that slippery or slushy conditions exist which present a potential safety concern regardless of snow depth. Severe weather conditions that persist resulting in snow accumulations of 1-inch or more being exceeded several times throughout the duration of a single snow event may require subsequent snow removal trips. Each subsequent call out will be charged as another “job”. The contractor shall be responsible for any damage to Government property. The contractor shall provide, maintain and place sand barrels in areas identified in Appendix B. The COR shall approve the sand barrels prior to placement.

22 January 2024 to 21 January 2025 (Option Year 3)

4001 Lawn Maintenance 18 Week

The Contractor shall provide all personnel, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform lawn mowing maintenance services as defined in the Performance Work Statement (PWS) section 5 except for those items specified as government furnished services. Lawn mowing and maintenance services to turf areas of Child/Youth Service Facilities will be required after facility hours of operation throughout the duration of the service contract. The contractor shall collect and dispose of trash and debris from lawn prior to each mowing. Lawn shall be mowed to a turf height of 2 ½ to 3 inches without removing more than 1/3 of the total leaf blade height. Lawn clipping mulch shall remain on turf to recycle into the lawn. The contractor shall trim around areas which are not feasible by other moving equipment, edge sidewalks, driveways, curbs, fences and sweep clippings and debris off of sidewalks, driveways or other applicable hard surfaces. The contractor shall be responsible for any damage to Government property. Lawn mowing maintenance services shall be provided weekly between the periods of 15 May - 15 September.

Period of Performance:

22 January 2025 to 21 January 2026 (Option Year 4).

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT LINE ITEM COST

4002 Snow/Ice Removal 45 Job

The Contractor shall provide all personnel, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform snow/ice removal from sidewalks as defined in the Performance Work Statement (PWS) section 5 except for those items specified as government furnished services. Snow removal and ice removal from the sidewalks of Child/Youth Service Facilities will be required before and during facility hours of operation throughout the duration of the service contract. This removal will be required anytime snow/ice accumulations on the sidewalks exceeds 1-inch, or upon notification by the Contract Officer Representative (COR) that slippery or slushy conditions exist which present a potential safety concern regardless of snow depth. Severe weather conditions that persist resulting in snow accumulations of 1-inch or more being exceeded several times throughout the duration of a single snow event may require subsequent snow removal trips. Each subsequent call out will be charged as another “job”. The contractor shall be responsible for any damage to Government property. The contractor shall provide, maintain and place sand barrels in areas identified in Appendix B. The COR shall approve the sand barrels prior to placement.

22 January 2025 to 21 January 2026 (Option Year 4)

Evaluation Criteria:

Award will be made to the lowest priced vendor meeting the specifications of the requirement. Quotes shall be evaluated for award purposes, based upon the total price proposed for the base and each option year. As part of the price evaluation the Government will evaluate its option to extend services under FAR Clause 52.217-8 by adding one-half of the offeror’s final option period prices to the offeror’s total price. Thus, the offeror’s total price for the purpose of evaluation will include the base period, 1st option, 2nd option, 3rd option, 4th option, and ½ of the 4th option price. Offerors SHALL NOT enter a price for the 6-month period. Offerors are required to upload provision FAR 52.212-3 Offeror Representations and Certifications Commercial Items into the System for Award Management (SAM), https://www.sam.gov, before quote is submitted. The Quote must include Solicitation Number, Business size, and discount/payment terms. Offeror must include Taxpayer Identification Number (TIN), Cage Code, and address.

Submission of Invoices:

In accordance with FAR clause 52.212-4(g) the contractor shall submit all invoices electronically utilizing Wide Area Workflow (WAWF). Procedures for using WAWF are found in DFARS Clause 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.

Contract Clauses and Provisions:

The following are contract clauses and provisions which are incorporated by reference. Full Text may be found at https://www.acquisition.gov/FAR. The following apply to this acquisition:

Include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items with your offer.

CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE:

52.202-1 Definitions (JUN 2020) 52.203-3 Gratuities 52.204-7 System for Award Management (OCT 2018) 52.204-2 Security Requirements 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020) 52.204-18 Commercial and Government Entity Cody Maintenance (AUG 2020) 52.204-19 Incorporation by Reference of Representations and Certifications

(DEC 2014)

52.212-1 Instructions to Offerors – Commercial Items (JUN 2020) 52.212-3 Offeror Representations and Certifications – Commercial Items (OCT 2020) 52.212-4 Contract Terms and Conditions – Commercial Items (OCT 2018) 52.217-5 Evaluation of Options (JUL 1990) 52.223-3 Hazardous Materials Identification and Material Safety Data (JAN 1997) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions relating to Iran – Representations and Certifications (JUN 2020) 52.232-1 Payments (APR 1984) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(DEC 2013)

52.237-1 Site Visit (APR 1984) 52.237-2 Protection of Government Buildings, Equipment, & Vegetation (APR 1984) 252.201-7000 Contracting Officer’s Representative (DEC 1991) 252.203-7000 Requirements Relating to Compensation of Former DoD Officials

(SEP 2011)

252.203-7002 Requirement to Inform Employees of Whistleblower Rights (SEP

2013) https://www.sam.gov/ https://www.acquisition.gov/FAR

252.203-7005 Representation Relating to Compensation of Former DoD Officials

(NOV 2011)

252.204-7003 Control of Government Personnel Work Product (APR 1992) 252.204-7004 DoD Antiterrorism Awareness Training for Contractors (FEB 2019) 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident

Reporting (DEC 2019) 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

(MAY 2016)

252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or

Hazardous Materials – Basic (SEP 2014) 252.223-7008 Prohibition of Hexavalent Chromium (JUN 2013) 252.225-7048 Export - Controlled Items (JUN 2013) 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (DEC 2018) 252.232-7010 Levies on Contract Payments (DEC 2006) 252-243-7001 Pricing of Modifications (DEC 1991) 252.243-7002 Request for equitable adjustment 252.244-7000 Subcontracts for Commercial Items (SEP 2020)

CLAUSES AND PROVISIONS INCORPORATED BY FULL TEXT:

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (OCT 2020).

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 Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub.

L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

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

(d) Representation. The Offeror represents that—

(1) It __will, __will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

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.

(End of provision)

52.212-2, Evaluation – Commercial Items (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Technical Capabilities, Performance Capabilities, Price, and Statement of Compliance with Services Response Time and Hours of Operations. All evaluation factors are approximately equal in significance.

(b) Options. 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. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

(a) Definitions. As used in this clause—

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. (1)Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2)Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub.

L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--

REPRESENTATION (OCT 2020)

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

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

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

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

52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (OCT 2020)

Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items

(OCT 2020)

(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 items:

(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)).

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_203-19

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805note)).

(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 items:

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (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.)

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L.

109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div.

C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

L. 111-117, section 743 of Div. C).

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101note).

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

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C.657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id189A70O0P1N https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#unique_2058868924 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062680 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048661 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048698 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063319 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063504 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063607 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064087 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064214 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064243 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062590 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062651 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057314 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057314

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved]

XX (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) (15 U.S.C.644).

__ (ii) Alternate I (Mar 2020).

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (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 (Jun 2020) of 52.219-9

__ (18) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C.637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).

XX (22) (i) 52.219-28, Post Award Small Business Program Representation (Mar 2020) (15 U.S.C. 632(a)(2)).

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

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

__ (24) 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 (Mar 2020) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15 U.S.C. 637(a)(17)).

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057352 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057352 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057393 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057419 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057419 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-9 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-9 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-9 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-9 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057715 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057730 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057758 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057823 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057874 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057874 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057902 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057947 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm

XX (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).

XX (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

XX (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

XX (ii) Alternate I (Feb 1999) of 52.222-26.

__ (31) (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 (32) (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.

__ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

XX (35) (i) 52.222-50, Combating…