FA700020Q0039 Noxious Weeds Control Service RFQ.pdf

Noxious Weeds Request for Quote # FA700020Q0039

This combined synopsis/solicitation is for a commercial service prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; quotes are being requested and a written (formal) solicitation will not be issued. This Request for Quote (RFQ) is issued as solicitation number FA700020Q0039 in accordance with FAR Parts 12 & 13. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2020-04, published 15 January 2020. The North American Industry Classification System Code (NAICS) is 561730, Landscaping Services and the business size standard is $8 million in average annual receipts. This acquisition is a 100% small business set-aside. All responsible Small Businesses may submit a quote, which if received timely, will be considered by the 10th Contracting Squadron, USAF Academy (USAFA).

NOTICE TO OFFERORS: 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.

This solicitation is being issued in accordance with (IAW) FAR Parts 12 and 13 as an RFQ.

IAW FAR 13.004, in all instances throughout this solicitation any use of the word “proposal” should be understood as “quote”. All instances of the word “offeror” should be understood as “quoter”. All instances of the word “award” should be understood as “order”. Quotes supplied in response to this solicitation are not binding. The contract will be awarded IAW 52.212-2, found herein.

The government bears no legal liability for cost associated with this request for quote. Vendors should not submit a quote unless they are willing to absorb all costs associated with submitting a quote.

Please read and comply with all requirements for submitting a quote under the solicitation instructions and the addenda to FAR 52.212-1. Failure to comply with all instructions contained within this synopsis/solicitation could result in the quote being ineligible for award. It is the offeror’s responsibility to ensure their quote meets all the requirements identified herein.

I. DESCRIPTION OF SERVICE

USAFA has a requirement for Noxious Weed Control Services in accordance with the Performance Work Statement (PWS dated January 2020) (attachment #1). The awarded firm fixed-price contract will consist of a one year base period plus four one-year options.

FAR 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (OCT 2018) is incorporated by reference

Addendum to FAR 52.212-1, Instructions to Offerors -- Commercial Items (Oct 2018):

NOTICE TO OFFERORS: 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 a quoter for any costs.

Quotes must comply with all instructions contained IAW FAR 52.212-1 and the addenda to FAR 52.212-1, Instructions to Offerors--Commercial Items (listed below). The contractor shall submit their quote on company letterhead to include the following: solicitation number, contact name, address, telephone number, unit price, extended price, any discount terms, delivery terms, cage code, DUNS number, tax identification number, size of business and a statement that the quote is valid for a minimum of 60 days. The Contracting Officer is not responsible for locating or obtaining any information not identified in the quote.

1. General Instructions. To assure timely and equitable evaluation of quotes, the quoter must follow the instructions contained herein. Quoters are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to meet a requirement may result in a quote being ineligible for award.

Quoters must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale.

Quotes and contract documentation are requested by 2:00 pm Mountain Daylight Time (MDT), 26 March 20 at 10 CONS/PKA, 8110 Industrial Drive, Suite 200, USAF Academy, CO 80840- 2315. Please submit quotes by e-mail to the attention of Kari McIntyre, Contract Specialist at 719- 333-4575 kari.mcintyre.2@us.af.mil and Brittney Rosenbaum, Contracting Officer at 719-333- 5599 brittney.rosenbaum@us.af.mil. Please submit no more than 12 pages in response to this request. After 12 pages, the Contracting Officer will not continue to evaluate information. One page is considered to be one side of an 8 ½ x 11 piece of paper in a minimum of 10 font, single spaced. It is the quoter’s responsibility to complete their reps and certs at SAM.gov for the quote to be evaluated for award.

All questions must be submitted no later than 4:00 pm Mountain Daylight Time (MDT), 13 March 2020 by email to the attention of Kari McIntyre, Contract Specialist at 719-333-4575 kari.mcintyre.2@us.af.mil and Brittney Rosenbaum, Contracting Officer at 719-333-5599 brittney.rosenbaum@us.af.mil.

Late submissions: Quoters are responsible for submitting quotations so as to reach the Government office designated in the solicitation by the time specified in the solicitation. Any quotation received at the Government office designated in the solicitation after the exact time specified for receipt of quotations is late and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late quotation would not unduly delay the acquisition. If an emergency or unanticipated event interrupts normal Government processes so that quotations cannot be received at the Government office designated for receipt of quotations by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of quotations will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

mailto:kari.mcintyre.2@us.af.mil mailto:brittney.rosenbaum@us.af.mil mailto:brittney.rosenbaum@us.af.mil

The contractor’s quote/response shall consist of three (3) separate parts:

Part I – Price Quote Part II- Technical Documentation – Descriptive/Specification of Performance Plan Part III –Past Performance Information.

2. Format and Specific Instructions.

A. PART I – PRICE QUOTE

The quoter shall submit on company letterhead a quote identifying the unit price for each line item and the overall total price. The quote must be submitted for a base period plus four option years. Complete the CLIN Schedule below.

Price Quote: List the cost for annual services for each contract line item (CLIN) in accordance with the attached Performance Work Statement. Prices need to be in whole dollar amounts.

CLIN Description Qty Unit Price Total____

0001 Noxious Weeds Control 560 Acre $_____ $_________

Base Period: Spray DoD approved herbicides on approximately 560 acres of unimproved rangeland at the USAF Academy (USAFA) and Farish Recreation Area (Farish) in accordance with the Performance Work Statement, dated January 2020.

Period of Performance – 1 April 2020 to 31 March 2021.

1001 Noxious Weeds Control 560 Acre $_____ $_________

Option Year 1: Spray DoD approved herbicides on approximately 560 acres of unimproved rangeland at the USAF Academy (USAFA) and Farish Recreation Area (Farish) in accordance with the Performance Work Statement, dated January 2020.

Period of Performance – 1 April 2021 to 31 March 2022.

2001 Noxious Weeds Control 560 Acre $_____ $_________

Option Year 2: Spray DoD approved herbicides on approximately 560 acres of unimproved rangeland at the USAF Academy (USAFA) and Farish Recreation Area

Period of Performance – 1 April 2022 to 31 March 2023.

3001 Noxious Weeds Control 560 Acre $_____ $_________

Option Year 3: Spray DoD approved herbicides on approximately 560 acres of unimproved rangeland at the USAF Academy (USAFA) and Farish Recreation Area

Period of Performance – 1 April 2023 to 31 March 2024.

4001 Noxious Weeds Control 560 Acre $_____ $_________

Option Year 4: Spray DoD approved herbicides on approximately 560 acres of unimproved rangeland at the USAF Academy (USAFA) and Farish Recreation Area

Period of Performance – 1 April 2024 to 31 March 2025.

B. PART II – TECHNICAL DOCUMENTATION

Quoter shall submit technical information on Attachment 3, Technical Form. Fill in the form in its entirety. A point of contact must be provided, so the Government can verify the information provided. A separate form must be completed for each point of contact. All technical information provided must have been performed within 5 years of the closing date of this RFQ.

Limit to 8 total pages of Attachment 3. These 8 total pages count towards the 12 page maximum.

The quoter shall submit documentation to support the following information:

a. Provide necessary pesticide applicator certifications required by the PWS, dated January

b. Performed Noxious Weed Control Services on a minimum of a 100 acre area of rangeland vegetation.

C. PART III – PAST PERFORMANCE

Past performance information will be gathered using the CAGE code submitted with the quote.

The Contract Performance Assessment Reporting System (CPARS) will be searched to evaluate past performance and information will also be pulled from the System for Award Management (SAM) on SAM.gov, and FAPIIS.gov, IAW FAR 9.104-6.

52.212-2 -- Evaluation -- Commercial Items (Oct 2014)

a. The Government will award a firm fixed-price contract resulting from this solicitation to the offeror whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes:

I. Price.

II. Technical Documentation.

III. Past Performance.

b. Award will be made based on the competitive quote with the lowest price that meets the technical experience and past performance evaluation criteria on an acceptable/unacceptable basis. If any technical experience or past performance items are determined to be unacceptable that quote will not be evaluated further and will not be eligible for award.

c. 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).

(End of Provision)

Addendum to FAR 52.212-2 -- Evaluation -- Commercial Items (Oct 2014).

1. Evaluation:

By submission of its offer, the offeror agrees to all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors. Failure to adhere to all solicitation requirements may result in an offer being determined unacceptable and ineligible for further evaluation. The determination to eliminate an offeror from further evaluation, for failure to adhere to solicitation requirements, is at the Government’s sole discretion. The evaluation process shall proceed as follows:

Step I – Price Quote Evaluation

Initially, the Government shall place all acceptable quotes in order by price beginning with the lowest total evaluated price (TEP). The TEP will be calculated using the following table. The TEP is the sum of the “Tab Total” column.

Price Elements Tab Total

CLIN 0001

CLIN 1001

CLIN 2001

CLIN 3001

CLIN 4001

6 – Month Extension of Services Total Evaluated Price

Six Month Extension of Services – The Government will evaluate the price of the six month extension by taking the annual price for the fourth option and multiplying it by 50%. This six month extension calculation will only be used during the evaluation of proposals. The actual value for the 6 month extension will be determined IAW FAR 52.217-8, Option to Extend Services, if and when the six month extension is exercised during contract performance.

The Government will then evaluate the lowest total evaluated priced offer to determine if it is fair and reasonable, complete, and balanced. Offers should be sufficiently detailed to demonstrate completeness and balance. The burden of proof for credibility of proposed prices rests with the offeror. If there is a conflict between the unit price and the overall price, the unit price will be used to determine the correct total evaluated price. The Government may also determine a quote unacceptable should the proposed prices be unbalanced. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more items is significantly overstated or understated. Failure to quote for any Price Element, may cause the offeror’s quote to be rejected as unacceptable.

Step II – Technical Requirements Next, the lowest priced offeror’s Technical Form (Attachment 3), and pesticide applicator certifications, will be evaluated on an acceptable or unacceptable basis. If the lowest priced offeror receives an “Acceptable” technical rating for requirement “a and b”, evaluation of that quote will continue to Step III Past Performance. If the lowest priced offeror receives an “Unacceptable” technical rating, evaluation of that quote will stop. In that instance, the Government will continue the evaluation process in order by price, with the next lowest priced offer, until an offeror receives an “Acceptable” technical rating for both “a” and “b”. A quote that receives an “Acceptable” technical rating is considered technically acceptable.

A. The Government will evaluate quotes for technical acceptability on an Acceptable/ Unacceptable basis. The quoter must demonstrate prior experience (a.-b.) for the following:

a. Provide necessary pesticide applicator certifications required by the PWS, dated January 2020.

b. Performed Noxious Weed Control Services on a minimum of a 100 acre area of rangeland vegetation.

B. The technical requirements will receive one of the following ratings listed below. All technical factors must be rated “Acceptable” for the quote to receive an overall technical rating of acceptable.

Rating Description

Acceptable

Information provided clearly demonstrates the necessary pesticide applicator certifications and have performed services on a minimum of a 100 acre area of rangeland vegetation.

Unacceptable

Information provided does not clearly demonstrate the necessary pesticide applicator certifications and have performed services on a minimum of a 100 acre area of rangeland vegetation.

In order for the Government to assign a rating to a., and b., each Technical Documentation must be verified with the customer by the evaluation team, via phone or email. At a minimum, the Government will use the quoter’s provided point of contact, phone or email to verify the project was performed by the named contractor and to verify that the minimum technical requirements stipulated above were included in the service in order to determine if the technical requirements have been met. If the point of contact cannot be reached through reasonable attempt, the citation will not be considered for further evaluation.

Step III – Past Performance Next, Government will evaluate the lowest priced technically acceptable offeror and then past performance on an acceptable/unacceptable basis with information gathered via the CAGE code submitted.

Table A-2. Past Performance Evaluation Ratings

Rating Description Acceptable Vendor is not debarred, suspended or otherwise ineligible to receive an award and has no derogatory information in SAM.gov, or FAPIIS.gov or CPARS.gov.

Unacceptable Vendor is debarred, suspended or otherwise ineligible to receive an award and /or has derogatory information in SAM.gov, or FAPIIS.gov or received a rating below “satisfactory” in CPARS.gov.

In the case of a quoter without a record of relevant past performance or for whom information on past performance is not available on SAM.gov, FAPIIS.gov or CPARS.gov, the quoter shall be determined to have unknown (or "neutral") past performance. In the context of acceptability / unacceptability, a neutral rating shall be considered "acceptable".

2. Basis of Award:

If the lowest priced technically acceptable offeror receives an “Acceptable” past performance rating, evaluation of that quote will be completed and the award will be made to that offeror. If the lowest priced technically acceptable offeror receives an “Unacceptable” past performance rating, evaluation of that quote will stop. In that instance, the next lowest priced offeror will be evaluated using the methodology above and the process will continue (in order by price) until a technically acceptable offeror is judged to have an acceptable past performance rating, or until all offerors are evaluated.

Clarifications conducted to resolve minor or clerical errors will not constitute discussions and the Contracting Officer reserves the right to award a contract without the opportunity for a quote revision. The Government intends to award a contract without discussions (while keeping with FAR Part 12 and 13). The Government reserves the right to award one contract or no contract at all.

Quoters shall provide the information described in the addendum to FAR 52.212-1, Instructions to Offerors – Commercial Items. Quoters shall meet all solicitation requirements, such as terms and conditions, representations and certifications, and PWS requirements, in addition to those identified as factors. Failure to comply with the terms and conditions of the solicitation may result in the quoter being ineligible for award. In the case that a discrepancy exists between the addendum to FAR 52.212-1, Instructions to Offerors – Commercial Items and the addendum to FAR 52.212-2, Evaluation – Commercial Items, the evaluation criteria in the addendum to FAR 52.212-2, Evaluation – Commercial Items will take precedence.

CLAUSES INCORPORATED BY REFERENCE:

DFARS Clauses Incorporated by Reference Number Title Effective Date 252.204-7006 Billing Instructions. 2005-10 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12 DFARS Clauses Incorporated by Full Text 252.232-7006 Wide Area WorkFlow Payment Instructions. 2018-12 As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause- Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow

(WAWF).

Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

Payment request and receiving report are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall-

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov;

and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web- Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the Web Based Training link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

Invoice____

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(f) [Note: The Contractor may use a WAWF combo document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table* | Field Name in WAWF || Data to be entered in WAWF |

FA700020Q0039

| Pay Official DoDAAC || F4BQ0____ |

| Issue By DoDAAC || _FA7000___ | | Admin DoDAAC || _F47000___ | | Inspect By DoDAAC || F4BQ0____ | | Ship To Code || ____ | | Ship From Code || ____ | | Mark For Code || ____ | | Service Approver (DoDAAC) || _F4BQ0___ | | Service Acceptor (DoDAAC) || _F4BQ0___ | | Accept at Other DoDAAC || ____ | | LPO DoDAAC || ____ | | DCAA Auditor DoDAAC || ____ | | Other DoDAAC(s) || ____ |

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activitys WAWF point of contact.

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

FA700020Q0039

Special Contract Requirements

FA700020Q0039

Contract Clauses 52.212-4(c) Addendum Changes in terms and conditions of this contract may be made only by written agreement of the parties with the exception of certain changes such as administrative changes including changes in paying office, appropriations data, etc. authorized by the Federal Acquisition Regulation and its supplements that may be made unilaterally by the Contracting officer (for a complete list of changes that may be made unilaterally, see FAR 43.103(b)).

(End of Addendum)

FAR Clauses Incorporated by Reference Number Title Effective Date 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation.

2017-01 52.204-7 System for Award Management. 2018-10 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. 2018-10 52.204-16 Commercial and Government Entity Code Reporting. 2016-07 52.212-4 Contract Terms and Conditions-Commercial Items. 2018-10 52.219-6 Deviation 2019-O0003 Notice of Total Small Business Set-Aside (DEVIATION 2019-O0003) 2011-11 52.219-13 Notice of Set-Aside of Orders. 2011-11 52.219-14 Limitations on Subcontracting. 2017-01 52.222-1 Notice to the Government of Labor Disputes. 1997-02 52.222-3 Convict Labor. 2003-06 52.222-21 Prohibition of Segregated Facilities. 2015-04 52.222-37 Employment Reports on Veterans. 2016-02 52.222-41 Service Contract Labor Standards. 2018-08 52.222-50 Combating Trafficking in Persons. 2019-01 52.222-55 Minimum Wages Under Executive Order 13658. 2015-12 52.222-62 Paid Sick Leave Under Executive Order 13706. 2017-01 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. 2011-08 52.225-13 Restrictions on Certain Foreign Purchases. 2008-06 52.232-33 Payment by Electronic Funds Transfer-System for Award Management.2018-10 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. 1984-04 DFARS Clauses Incorporated by Reference Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 252.203-7003 Agency Office of the Inspector General. As prescribed in 203.1004(a), use the following clause:

2019-08 252.204-7003 Control of Government Personnel Work Product. 1992-04 252.204-7004 Antiterrorism Awareness Training for Contractors. 2019-02 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. 2016-10 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

2016-10 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.

2019-05 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials.

2014-09 252.225-7001 Buy American and Balance of Payments Program. 2017-12 252.225-7002 Qualifying Country Sources as Subcontractors. 2017-12 252.225-7048 Export-Controlled Items. 2013-06 252.232-7010 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. 2013-06 252.243-7001 Pricing of Contract Modifications. 1991-12

FA700020Q0039

252.244-7000 Subcontracts for Commercial Items 2013-06 FAR Clauses Incorporated by Full Text 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. 2019-08 As prescribed in 4.2105(b), insert the following clause:

Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019)

(a) Definitions. As used in this clause- "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).

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

(b) Prohibition. 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 Federal Acquisition Regulation 4.2104.

(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

FA700020Q0039

(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), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. 2016-02 As prescribed in 9.104-7 (d), insert the following provision:

Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that-

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that-

(1) It is [_] is not [_X] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [_] is not [X_] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items. 2019-10 As prescribed in 12.301(b)(4), insert the following clause:

Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (Oct2019)

(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)).

(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) (31U.S.C.3553).

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

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

__x__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41U.S.C.4704 and 10U.S.C.2402).

__X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41U.S.C.3509)).

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__X__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31U.S.C.6101note).

____ (5) [Reserved].

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

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____ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X__(8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31U.S.C.6101 note).

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

____ (10) [Reserved].

____ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15U.S.C.657a).

____ (ii) Alternate I (Nov 2011) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15U.S.C.657a).

____ (ii) Alternate I (Jan 2011) of 52.219-4.

____ (13) [Reserved] _X___ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15U.S.C.644).

____ (ii) Alternate I (Nov 2011).

____ (iii) Alternate II (Nov 2011).

____ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15U.S.C.644).

____ (ii) Alternate I (Oct 1995) of 52.219-7.

____ (iii) Alternate II (Mar 2004) of 52.219-7.

__X__ (16) 52.219-8, Utilization of Small Business Concerns (Oct2018) (15U.S.C.637(d)(2) and (3)).

____ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug2018) (15U.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 (Nov 2016) of 52.219-9.

____ (v) Alternate IV (Aug 2018) of 52.219-9 ____ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15U.S.C.644(r)).

____ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15U.S.C.637(a)(14)).

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

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15U.S.C.657f).

____ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15U.S.C.632(a)(2)).

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15U.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 (Dec2015) (15U.S.C.637(m)).

_X__(25) 52.222-3, Convict Labor (June 2003) (E.O.11755).

_X__(26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2018) (E.O.13126).

_X__(27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X__(28) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

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

____ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct2015) (38U.S.C.4212).

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

____ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29U.S.C.793).

____ (ii) Alternate I (July 2014) of 52.222-36.

_X__(31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38U.S.C.4212).

_X__(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X___ (33) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22U.S.C.chapter78 and E.O. 13627).

____ (ii) Alternate I (Mar 2015) of 52.222-50 (22U.S.C.chapter 78 and E.O. 13627).

_X___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

____(35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (May 2008)

(42U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____(ii) Alternate I (May 2008) of 52.223-9 (42U.S.C.6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____(36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.

13693).

____(37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun2016) (E.O. 13693).

____ (38) (i) 52.223-13, Acquisition of EPEAT?-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (Oct 2015) of 52.223-13.

____ (39) (i) 52.223-14, Acquisition of EPEAT?-Registered Televisions (Jun2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (Jun2014) of 52.223-14.

____ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42U.S.C.8259b).

____ (41) (i) 52.223-16, Acquisition of EPEAT?-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

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____ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

____ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

____ (44) 52.223-21, Foams (Jun2016) (E.O. 13693).

____ (45) (i) 52.224-3 Privacy Training (Jan2017) (5 U.S.C. 552 a).

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

____ (46) 52.225-1, Buy American-Supplies (May 2014) (41U.S.C.chapter83).

____ (47) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41U.S.C.chapter83,19U.S.C.3301 note, 19U.S.C.2112 note, 19U.S.C.3805 note, 19U.S.C.4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I (May 2014) of 52.225-3.

____ (iii) Alternate II (May 2014) of 52.225-3.

____ (iv) Alternate III (May 2014) of 52.225-3.

____ (48) 52.225-5, Trade Agreements (Aug 2018) (19U.S.C.2501, et seq., 19U.S.C.3301 note).

__X_(49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10U.S.C. 2302 Note).

____ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42U.S.C.5150).

____ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42U.S.C.5150).

____ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41U.S.C.4505, 10U.S.C.2307(f)).

____ (54) 52.232-30, Installment Payments for Commercial Items (Jan2017) (41U.S.C.4505, 10U.S.C.2307(f)).

__X_(55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31U.S.C.3332).

____ (56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).

____ (57) 52.232-36, Payment by Third Party (May 2014) (31U.S.C.3332).

____ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5U.S.C.552a).

____ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15U.S.C.637(d)(13)).

____ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46U.S.C.Appx.1241(b) and 10U.S.C.2631).

____ (ii) Alternate I (Apr 2003) of 52.247-64.

____ (iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

____ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

____ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41U.S.C.chapter 67).

____ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29U.S.C.206 and 41U.S.C.chapter 67).

____ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29U.S.C.206 and 41U.S.C.chapter 67).

____ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29U.S.C.206 and 41U.S.C.chapter67).

____ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41U.S.C.chapter67).

____ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services- Requirements (May 2014) (41U.S.C.chapter67).

____ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

____ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

____ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42U.S.C.1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

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(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items.

Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41U.S.C.3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

(iv) 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).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-17, Nondisplacement…