FA500024R0020 COMBO ISWM.pdf

FA500024R0020

Integrated Solid Waste Management (Refuse)

COMBINED SYNOPSIS/SOLICITATION

FY26 Integrated Solid Waste Management (Refuse)

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with (IAW) the format in Federal Acquisition Regulation (FAR) Subparts 12.6, 13.106, and 13.5, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued.

(ii) Notice to Offeror(s)/Supplier(s): Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs.

(iii) The following solicitation document, incorporated provisions, and clauses which are in effect through Federal Acquisition Circular FAC 2024-05 effective 22 May 2024, the Defense Federal Acquisition Regulation Supplement (DFARS) effective 29 July 2024 and the Department of the Air Force Federal Acquisition Regulation Supplement (DAFFARS) effective 12 June 2024. See www.acquisition.gov for more information.

(iv) This acquisition is set-aside 100% for small business competitive 8(a) under the NAICS Code of 562111 Solid Waste Collection, with a small business size standard of $47,000,000.00 and PSC S205 – Housekeeping, Trash and Garbage Collection. The Request for Offers (RFO) number FA500024R0020 FY26 Integrated Solid Waste Management (Refuse) Services for the 773 Civil Engineer Squadron (CES) shall be used to reference any written offer provided under this RFO. All prospective offerors must be registered in the System for Award Management (SAM) at www.sam.gov. Lack of SAM registration will make an offeror ineligible for award.

(v) The 773 CES has a requirement for Integrated Solid Waste Management (Refuse) at Joint Base Elmendorf- Richardson (JBER), Alaska. The services require a contractor to provide all personnel (IAW DFARS 252.222- 7000, Restrictions on Employment of Personnel), equipment, tools, materials, vehicles, supervision, and other items and services necessary for refuse services for contractor provided refuse containers at approximately 461 locations across JBER. This includes roll-offs, tippers, 6 and 8 cubic yard dumpsters and bear resistant containers.

(vi) The contract CLIN structure is detailed in Attachment 2 – Pricing Worksheet and shall be priced.

Services will be inspected/accepted at:

Periods of Performance

CLIN PERIOD OF PERFORMANCE SHIP TO ADDRESS DODAAC

0001 - 0007 01 October 2025 - 30 September 2026 773D CES CEO

6326 ARCTIC WARRIOR

JBER, AK 99506- 3221

F1W3EB

CLIN PERIOD OF PERFORMANCE SHIP TO ADDRESS DODAAC

1001 - 1007 01 October 2026 - 30 September 2027 773D CES CEO

2001 - 2007 01 October 2027 - 30 September 2028 773D CES CEO

3001 - 3007 01 October 2028 - 30 September 2029 773D CES CEO

4001 - 4007 01 October 2029 - 30 September 2030 773D CES CEO

(vii) Site Visit. A site visit will be conducted at 10480 Sijan Ave, JBER, AK on 4 September 2024 at 10:00 am (Alaska Daylight Time) for the purpose of answering questions regarding this solicitation. Submit the names of all attendees (not to exceed 3 per firm) to Clifford Dockter and TSgt Zachary Braum at clifford.dockter@us.af.mil and zachary.braum@us.af.mil prior to 1:00 pm Alaska Daylight Time 2 September 2024 with the following information:

1. The first name, last name, and middle initial of the individual(s) attending.

2. Date of birth and license number/state (or other state-issued ID number) for each individual attending.

3. The make, model, and license plate number/state for each vehicle.

Those attending the site visit will meet at the Boniface Visitor Center at 09:00 AM Alaska Daylight Time to process through the visitor center, departing to the site at 09:30 AM Alaska Daylight Time. Attendees must be able to present a valid state ID, vehicle registration, and vehicle insurance to process through the visitor center. Each offeror may submit a maximum of three (3) personnel for the site visit.

This information must be provided in advance to ensure access to the site visit. Information provided at this conference shall not qualify the terms and conditions of the solicitation and specifications. Terms of the solicitation and specifications remain unchanged unless the solicitation is amended in writing. If an amendment is issued, normal procedures relating to the acknowledgment and receipt of solicitation amendments shall apply to all offerors. A record of the site-visit shall be made and furnished to all prospective offerors. The record shall include minutes of the meeting, including questions (on a non-attribution basis) and answers.

(viii) FAR Provision 52.212-1, Instruction to Offerors–Commercial Products and Commercial Services (Sep 2023), applies to this acquisition and is incorporated by reference. As prescribed in FAR 12.301(c), the following addendum is provided for this solicitation:

Addendum FAR 52.212-1, Instructions to Offerors– Commercial Products and Commercial Services:

NOTE: All headings in bold are referencing back to the basic provision 52.212-1.

To assure timely and equitable evaluation of the offers, offerors must follow the instructions provided in FAR 52.212-1 and are required to meet all solicitation requirements, failure to meet a requirement may result in an offer being ineligible for award. The government’s terms, conditions, and respective clauses contained within this solicitation are prescribed IAW the FAR, applicable supplements and are not subject to conditionally proposed revisions or changes requested by offerors.

Paragraph (b); in addition to the required information provide the following with your offer:

Subparagraph (4): Technical: 1. Submit a written plan, see DFARS clause 252.237-7024 Notice of Continuation of Essential Contractor Services, describing how the offerors will continue to perform the essential contractor services listed in the PWS during contingencies such as heightened Force Protection conditions. At a minimum, the plan submitted along with the respondent’s offer will include all elements listed in DFARS clause 252.237-7024(b)(2). The accepted written plan will be incorporated into the resulting contract.

Subparagraph (6): Complete the provided Pricing Schedule attached to this RFO (Attachment 2).

Additionally, provide any prompt payment terms, if applicable.

Firm Fixed Priced offer: The resultant contract will be Firm Fixed Price; accordingly, pricing is not subject to revision and/or negotiation if selected for contract award. Offers shall include pricing for all line items excluding CLINS X005 and prices shall not be more than two (2) decimal places.

Subparagraph (8); All offerors must be registered and active in the System for Award Management (SAM) at https://www.sam.gov/portal/public/SAM/ must be current at time of offer submission and must remain valid through award. If SAM registration lapses during the solicitation and evaluation period, the offer will no longer be eligible for award. Offerors must complete all necessary fill-ins and certifications in the on-line Representations and Certifications and return the provision FAR clause 52.212-3, Offeror Representations and Certifications para (b) along with the offer.

UEI Number/CAGE Code: ______/______ Number of Employees/Total Yearly Revenue: ______/______

Subparagraph (10); PAST PERFORMANCE INFORMATION - All completed past performance questionnaires (PPQ) shall be submitted by the Past Performance Point of Contact (PP POC), upon completion, to the Contracting Officer and the Contract Specialist. Offerors shall submit recent and relevant contract information for a maximum of two (2) references for integrated solid waste management services.

a) To be considered recent, services must have been and/or are currently being provided at any time within the last three (3) years from the date of issuance of this solicitation.

b) To be considered relevant, offerors must have performed services similar in scope (size and complexity) to the services described in the PWS.

1. The offerors will be responsible for contacting the PP POC referenced in their offer. The PP POCs will be requested to complete the PPQ (Attachment 4) which must be submitted directly from the PP POC to the Contracting Officer/Specialist.

THE RESPONSIBILITY FOR PROVIDING THE QUESTIONAIRES TO THE PP POCs AND

VERIFY RECEIPT BY THE GOVERNMENT OF THE COMPLETED QUESTIONNAIRES

RESTS SOLEY WITH THE OFFEROR.

1. For each PP POC, offerors must provide the following information to the contracting officer:

Company/Division name/Contracting Agency/Customer Name Name, address, and email Description of service provided (to include the number and type of dumpsters maintained, frequency of pickup, relocations and special events supported) Contract number (if applicable) Contract value Period of performance

Paragraph (c); First sentence revised as follows: The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers unless another time period is specified in an addendum to the offer.

Paragraph (f)(1); Revised as follows: Offers must be sent via email, if incomplete or missing required items the offer may not be considered. It is recommended a read/delivery receipt is attached to the email.

RFO due date/time: 23 September 2024, at 2:00 PM (Alaska Daylight Time) Email to:TSgt Braum at zachary.braum@us.af.mil and Mr. Dockter at clifford.dockter@us.af.mil

Question pertaining to this solicitation are due date/time 10 Septemberber 2024/ 1:00 pm Alaska Daylight Time. Email to: TSgt Braum at zachary.braum@us.af.mil , 907-552-6660 and Mr. Dockter at clifford.dockter@us.af.mil , 907-552-4867.

Note: Beware, “.zip” files are not an acceptable format for the Air Force Network and will not go through government email systems.

Paragraph (g); Interchanges: The government intends to award a contract without Interchanges with respective offerors. The government, however, reserves the right to conduct Interchanges, with all, some, or none of the offerors, if deemed in its best interest. Interchanges, if used, may address any remaining issues and or address any aspect of the offer. These issues may be technical, price or past performance related, or deal with contract documentation. If the Interchanges do not result in an awardable quotation, the Government may continue Interchanges with the next most favorably positioned Offeror(s) for the same purpose and continue until award is made.

(ix) FAR Provision 52.212-2, Evaluation-Commercial Products and Commercial Services (2021-11)

(a) Pursuant to FAR 12.602 contract award will be made using Simplified Acquisition Procedures IAW FAR Part 13. The government will award a contract resulting from this RFO to the responsible offeror whose offer, conforming to the RFO, will be most advantageous to the government, price and other factors considered. The following factors shall be used to evaluate offers:

i. Technical Evaluation Factor: Rated on a GO/NO GO basis.

Mission-Essential Contractor Services Plan (MECSP)

ii. Price

iii. Past Performance

Note: This evaluation will be conducted as a subjective trade-off, where Past Performance and Technical

“acceptability” is approximately equal to price.

(b) Options. The government will evaluate offers for award purposes by adding the total price for all option periods, to include the optional six-month extension, to the total price for the basic requirement.

The government may determine that an offer is unacceptable if the option prices are significantly unbalanced.

(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, will 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.

Addendum to FAR 52.212-2, Evaluation - Commercial Products and Commercial Services (Nov 2021)

The following is inserted as new paragraph (d) of the provision:

(d) Basis for contract award: Award will be made IAW FAR Part 13 to the offeror whose offer conforming to the solicitation on a best value basis where the Technical Evaluation Factor is rated “GO” , Past Performance has been determined to be Satisfactory or higher and Price is determined fair and reasonable. The Government reserves the right to award a contract to other than the lowest Total Evaluated Price (TEP). A strong record of relevant past performance may be considered more advantageous to the Government than a “neutral” rating and approximately equal to Price. In that event, among the technically “Acceptable” offers the Contracting Officer will be the Decision Authority and will make a best value award decision using the MECSP, TEP and the Past Performance rating. In order to be eligible for award, the offeror’s MECSP must be rated “GO” and Past Performance must not be rated unacceptable.

(1) The evaluation process will include the following:

Step 1: The government will review all offers for compliance. A compliant offer consists of an offer that meets the government’s requirements identified in Addendum to 52.212-1. The offeror’s Mission-Essential Contractor Services Plan and will be rated as GO/NO GO. Offers that are not fully compliant or have a Technical Evaluation factor rated as “NO GO” may result in removal from consideration. The Technical requirement is met when the offeror provides a written plan IAW DFARS 252.237-7023, Continuation of Essential Contractor Services, that includes reasonable procedures and processes that describe how the contractor will continue to perform mission-essential functions. If the Technical Evaluation Factor is rated as “GO”, the government will proceed to Step 2.

Step 2: Rank all acceptable offers based upon offeror’s Total Evaluated Price (TEP) from lowest TEP to highest TEP. Proceed to Step 3.

Step 3: Evaluate ranked offeror’s past performance and proceed in order of price until all offeror’s have a past performance evaluation rating. Evaluation conducted IAW the past performance requirements listed on pages three (3) and four (4) of the PPQs (Attachment 4) to determine if the offeror’s overall past performance rating. The “Yes” and “No” questions associated with the chart titled “Scope of Work” in Section 4 of the past performance questionnaire will be utilized to determine if the offeror’s past performance is similar in scope to JBER Refuse services. Offerors are required to receive a “Yes” for all questions listed in the Scope of Work chart in order for their past performance to be considered similar in scope. The questions associated with the chart titled “Contractor Performance” in Section 4 of the past performance questionnaire will be utilized to determine the contractors overall rating. The overall rating is based on the preponderance of those subjective ratings applied to the collective review of all the past performance questionnaires provided on behalf of the offeror and will not be based on any one (1) individual questionnaire.

Step 4: The government will make an award to the offeror whose offer conforming to the solicitation on a best value basis where the Technical Evaluation Factor is rated “GO”, Past Performance has been determined to be Satisfactory or higher and Price is determined fair and reasonable. The government reserves the right to make a best value award based on price, technical, and past performance to select the successful offeror. The government reserves the right to make award to other than the lowest priced technically acceptable offer.

(2) Technical Acceptability Factor. The government will evaluate technical submission on a pass/fail basis and assign a Go(Pass)/No Go(Fail) rating as described in Table 1 below.

Table 1. Technical Ratings

Rating Description Go Offer meets the requirements of the solicitation.

No Go Offer does not meet the requirements of the solicitation.

The offers will be evaluated against the following subfactor(s):

(3) Price Evaluation. The contracting officer has determined there is a high probability of adequate price competition in this acquisition. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists; offerors may be required to submit information to the extent necessary for the contracting officer to determine the reasonableness of the price.

The government will evaluate prices submitted on RFO Attachment 2 - Pricing Schedule. The government will evaluate for unbalanced pricing. Next each total Line Item price will be added together to include the option CLINs and the six-month extension of services, found at 52.217-8 Extension of Services, to arrive at a Total Evaluated Price (TEP). Failure to propose prices for all line items on the pricing schedule except for the unpriced Over and Above CLINs x007 will render the offer incomplete and potentially removed from further award consideration. The TEP will be calculated as the sum of the offeror's proposed prices for 12-month Base Period , four one-year Option Periods, and the Option to Extend Services clause 52.217-8. The six-month Extension Period unit prices will be based on the proposed Option Year (OY) unit prices automatically calculated in Attachment 2 - Pricing Schedule by dividing the proposed OY total price divided by 12 months and multiplied by 6 months total. The six-month Extension Period under FAR 52.217-8 will only be utilized if necessary and if the option is exercised, prices will be the same as the price of the period immediately preceding the option IAW FAR 17.207(f) . TEP will be used for evaluation purposes only. Evaluation of options shall not obligate the Government to exercise such options. The six-month Extension Period is not to be considered part of any OY and will be a separate option exercised if it is utilized.

Option to Extend Services clause 52.217-8 formula is calculated in attachment 2 as follows:

Base Year = CLIN Totals divided by 12 and multiplied by 6 Option Year 1 = CLIN Totals divided by 12 and multiplied by 6 Option Year 2 = CLIN Totals divided by 12 and multiplied by 6 Option Year 3 = CLIN Totals divided by 12 and multiplied by 6 Option Year 4 = CLIN Totals divided by 12 and multiplied by 6

IAW DFARS 204.7603(b) The Government will consider offeror’s price risk in determining if an offeror’s price is consistent with historical prices paid for an item or otherwise creates a risk to the Government. For more information refer to DFARS clause 252.204-7024, Notice on the Use of the Supplier Performance Risk System.

Offerors should propose the best pricing to the government for each item in arriving at the most competitive price. Price information submitted in each offeror's price quotation, as required by the Addendum to FAR 52.212-1, Instructions to Offerors-Commercial Items, will be evaluated to determine if proposed prices are fair and reasonable IAW FAR 13.106-3. Unbalanced pricing may pose an unacceptable risk to the government and may be a reason to reject a respondent’s offer.

(4) Past Performance. The Government will evaluate past performance information IAW FAR 13.106-2(b)(3). The Past Performance evaluation is an assessment of the offeror's probability of meeting the past performance solicitation requirements. This factor is met if an offeror's record of recent past performance information meets the following criteria:

1. Is three (3) years or less from the date of issuance of this solicitation and;

2. The offeror performed integrated solid waste management services, as described in the PWS which are similar in scope to JBER’s requirement addressed in the PPQs.

The government will assign a relevancy rating for each recent past performance contract reference below.

Table 2. Past Performance Relevancy Ratings Method Adjectival Rating Description Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

All recent and relevant past performance contract references will be evaluated to determine how well the offeror performed on the prior contracts. This evaluation will result in an assessment of offers to determine the highest past performance rating possible, see Table 3.

Table 3. Past Performance Evaluation Rating

Substantial

Based on the offeror's recent/relevant performance record, the Government has a high expectation that the offeror will successfully perform the required effort.

Satisfactory Based on the offeror's recent/relevant performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort.

Neutral No recent/relevant performance record is available, or the offeror's performance record is so sparse that no meaningful past performance evaluation rating can be reasonably assigned. The offeror may not be evaluated favorably or unfavorably on the factor of past performance.

Limited Based on the offeror’s recent/relevant performance record, the Government has a low expectation that the offeror will successfully perform the required effort.

Unacceptable Based on the offeror's recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.

NOTE: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance evaluation rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have unknown (or “neutral”) past performance. The offeror will have an opportunity to respond to any overall unfavorable past performance, if not previously afforded the opportunity by the government.

Sources of Past Performance. In addition to the Past Performance Questionnaires (Attachment 4) completed by the points of contact listed in the offer, the government will also utilize data independently obtained from other government and commercial sources. These sources may include, but are not limited to, Contractor Performance Assessment Reporting System (CPARS), using all CAGE/UEI numbers of the contractors who are part of a partnership/joint venture or teaming agreement identified in the respondent's offer, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), and any other known sources not provided by the offeror. IAW DFARS 204.7603 the Government will consider supplier risk, to assess the risk of unsuccessful performance and supply chain risk, in award decisions. Supplier risk assessments in SPRS include quality, delivery, and other contractor performance information. For more information refer to DFARS clause 252.204-7024.

NOTE: Completed questionnaires shall be emailed from past performance points of contact to:

TSgt Braum at zachary.braum@us.af.mil and Mr. Dockter at clifford.dockter@us.af.mil .

(End of Addendum)

FAR clause at 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services, applies to this acquisition with the following Addendum: Paragraph (c) of this clause is tailored as follows: Changes in the terms and conditions of this contract may be made only by written agreement of the parties with the exception of administrative changes, such as changes in the paying office, appropriations data, etc., which may be changed unilaterally by the government.

Note: The offeror acknowledges that should the offer terms and conditions and/or agreement conflict with mandatory provisions of the Federal Acquisition Regulation (FAR) and other Federal law applicable to commercial acquisitions, to the extent of such conflict the FAR and Federal law govern and conflicting offeror terms and conditions and/or agreement are unenforceable and are not considered incorporated into any resultant contract.

52.252-1 Solicitation Provisions Incorporated By Reference (1998-02) 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)

52.252-2 Clauses Incorporated by Reference (1998-02) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov

(End of Clause)

52.252-5 Authorized Deviations in Provisions (2020-11)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision)

52.252-6 Authorized Deviations in Clauses (2020-11)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter1) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the date of the clause.

(b) The use in this solicitation or contract of any FAR and DFARS. (48 CFR _Chapter 99) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the name of the regulation.

(End of clause)

PROVISIONS/CLAUSES INCORPORATED BY REFERENCE

CLAUSE NO. CLAUSE TITLE DATE

52.202-1 Definitions. 2020-06

52.203-3 Gratuities. 1984-04

52.203-12 Limitation on Payments to Influence Certain Federal Transactions 2020-06

52.204-7 System for Award Management. (Alternate 1) 2018-10

52.204-9 Personal Identity Verification of Contractor Personnel 2011-01

52.204-13 System for Award Management Maintenance. 2018-10

52.204-16 Commercial and Government Entity Code Reporting. 2020-08

52.204-18 Commercial and Government Entity Code Maintenance. 2020-08

52.204-19 Incorporation by Reference of Representations and Certifications 2014-12

52.204-21 Basic Safeguarding of Covered Contractor Information Systems 2021-11

52.204-22 Alternative Line Item Proposal 2017-01

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

2023-09

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

2023-11

52.217-5 Evaluation of Options 1990-07

52.219-17 Section 8(a) Award 2019-10

52.223-5 Pollution Prevention and Right-To- Know Information 2024-05

52.223-10 Waste Reduction Program 2024-05

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

2016-12

52.228-5 Insurance – Work on a Government Installation 1997-01

52.229-11 Tax on Certain Foreign Procurements—Notice and Representation.

2020-06

52.232-18 Availability of Funds 1984-04

52.232-31 Invitation to Propose Financing Terms. 2022-12

52.232-39 Unenforceability of Unauthorized Obligations 2013-06

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

2023--03

52.237-1 Site Visit 1984-04

52.237-2 Protection of Government Buildings, Equipment, and Vegetation.

1984-04

52.237-3 Continuity of Services. 1991-01

252.201-7000 Contracting Officer's Representative. 1991-12

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

2011-09

252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2022-12

252.203-7003 Agency Office of the Inspector General. 2019-08

252.203-7005 Representation Relating to Compensation of Former DoD Officials.

2022-09

252.204-7000 Disclosure of Information 2016-10

252.204-7003 Control of Government Personnel Work Product. 1992-04

252.204-7004 Antiterrorism Awareness Training for Contractors 2023-01

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls

2016-10

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (DEVIATION 2024-05)

2023-01

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

2023-01

252.204-7016 Covered Defense Telecommunications Equipment or Services—Representation.

2019-12

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements 2023-11

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services--Representation

2023-01

252.204-7020 NIST SP 800-171 DoD Assessment Requirements. 2023-11

252.204-7021 NIST SP 800-171 DoD Assessment Requirements 2023-01

252.204-7024 Notice on the Use of the Supplier Performance Risk System 2023-03

252.205-7000 Provision of Information to Cooperative Agreement Holders. 2023-06

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.

2019-05

252.215-7008 Notice of Intent to Resolicit 2022-12

252.217-7028 Over and Above Work 1991-12

252.219-7010 Notification of Competition Limited to Eligible 8(a) Participants—Partnership Agreement

2019-10

252.219-7011 Notification to Delay Performance. 1998-06

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

2014-09

252.225-7012 Preference for Certain Domestic Commodities 2022-04

252.225-7048 Export-Controlled Items. 2013-06

252.225-7052 Restriction on the Acquisition of Certain Magnets and Tungsten

2024-05

252.225-7055 Representation Regarding Business Operations with the Maduro Regime

2022-05

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

2023-01

252.225-7057 Preaward Disclosure of Employment of Individuals Who Work in the People’s Republic of China

2022-08

252.225-7058 Postaward Disclosure of Employment of Individuals Who Work in the People’s Republic of China

2023-01

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region–Representation

2023-06

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region

2023-06

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.

2023-01

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

2018-12

252.232-7007 Limitation of Governments Obligation. 2014-04

252.232-7010 Levies on Contract Payments 2006-12

252.232-7011 Payments in Support of Emergencies and Contingency Operations

2013-05

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

2023-01

252.243-7001 Pricing of Contract Modifications 1991-12

252.243-7002 Requests for Equitable Adjustment. 2022-12

252.244-7000 Subcontracts for Commercial Products or Commercial Services 2023-11

252.247-7023 Transportation of Supplies by Sea--Basic 2023-01

PROVISIONS/CLAUSES INCORPORATED BY FULL TEXT

52.204-24 Representation Regarding Certain Telecommunications and Video (2021-11) Surveillance Services or Equipment

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

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

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

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

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

(2) 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”. 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.

(d) 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.

52.204-29 Federal Acquisition Supply Chain Security Act Orders (2023-12) —Representation and Disclosures.

a) Definitions. As used in this provision, covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(c) Procedures. (1) The Offeror shall search for the phrase “FASCSA order” in the System for Award

Management (SAM)( https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).

(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).

(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:

(1) Name of the product or service provided to the Government;

(2) Name of the covered article or source subject to a FASCSA order;

(3) If applicable, name of the offeror, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;

(4) Brand;

(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(6) Item description;

(7) Reason why the applicable covered article or the product or service is being provided or used;

(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.

(End of provision)

52.209-7 Information Regarding Responsibility Matters. (2018-10)

a) Definitions. As used in this provision—

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings).

This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror □ has □ does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in–

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

52.212-3 Offeror Representations and Certifications—Commercial Products (2024-05) and Commercial Services.

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision—

Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that…