Instructions_to_Vendors_and_SON.pdf

Attachment A – 140G0124Q0015 Page 3 of 31

INSTRUCTION TO VENDORS

A discounted firm-fixed-priced quotation and technical quotation package for the Design of Wastewater System Rehabilitation (per requirements below) This will be a Small Business Set-Aside. Quotes shall be submitted by 1:00 PM EST, Friday, November 10, 2023, via email to the Contract Specialist, Brian Baker, at bfbaker@usgs.gov. Faxed or mailed quotations will not be accepted. Vendor shall supply the USGS with a thorough quotation package demonstrating how they meet all requirements within the evaluation criteria. Quotation package shall be thorough enough to allow the USGS to perform a proper evaluation.

The following additional information must be supplied along with your quotation. Failure to submit this information may deem your quotation non-responsive and your quotation may not be considered.

1) Vendor must submit ALL QUOTATION DOCUMENTS IN PDF FORMAT which will be reviewed by the Contract Specialist and USGS Technical Liaison. The quotation package must reflect all of the requirements as indicated in the Request For Quote (RFQ).

2) Federal Tax ID Number.

3) Business Size Classification.

4) SAM UEI.

The award resulting from this Request for Quote (RFQ) will be based on lowest price technically acceptable

(LPTA).

This RFQ is set aside for Small Business concerns. Only quotes from Small Business concerns will be accepted.

All questions regarding this RFQ shall be sent to the Contract Specialist via email no later than 1:00 PM EST, Friday, November 3, 2023. Vendors are urged to select one (1) representative from their firm to present all questions. Phone calls and late questions will not be accepted.

(End Instructions to Vendors)

EROS Science Center Design of Wastewater System Rehabilitation

STATEMENT OF WORK

The Department of Interior, USGS/Earth Resources Observation and Science (EROS) Center, Sioux Falls, South Dakota has a requirement for engineering services for, wastewater system rehabilitation located at the EROS Science Center, 47914 252nd Street, Sioux Falls SD 57198. The work will require a Professional Engineer licensed in the State of South Dakota.

I. BACKGROUND

The wastewater treatment facility began operation in 1973 and consists of a five-cell stabilization pond system.

Most of the wastewater flows by gravity to the treatment facility, with the exception of one lift station serving two bathrooms that were constructed in 1996. The facility treats about 14,000 gallons per day according to the SD DANR Statement of Basis.

Four of the treatment cells are located within the fenced-in property. The fifth cell is located east of the fencing

Attachment A – 140G0124Q0015 Page 4 of 31 and is a manmade dam designed to accept surface water. Cell 1 operating water surface is 0.54 acres and contains two surface aeration units, which are jet-type aerators that float on the pond. Cell 2 is 0.39 acres and is used for sedimentation. Cell 3 is 1.80 acres and cell 4 is 1.95 acres. Cell 5 is 14.22 acres in size. The ponds are operated in series. There are bypass structures and piping that have not been used in recent years.

In October 2019 cleaning and televising inspection was performed on collection system and treatment system pipes. A comprehensive wastewater survey study was performed by DGR Engineering. The wastewater survey study provides a summary of deficiencies that require corrective action, resulting in Wastewater System Rehabilitation design needs.

Provide all labor, materials, and equipment necessary for the accomplishment of work specified. Work includes, but is not limited to, the following:

II. SCOPE OF WORK

The Department of Interior, USGS/Earth Resources Observation and Science (EROS) Center, Sioux Falls, South Dakota has a requirement for engineering services for wastewater system rehabilitation located at the EROS Science Center, 47914 252nd Street, Sioux Falls SD 57198. A Professional Engineer is sought to perform the following activities.

A. Design Scope/Objectives: The project objectives of the USGS are as follows:

All aspects of the design shall keep the wastewater pipe collection system and wastewater treatment facility operational to maintain daily business operations.

1. The Engineer shall perform field reconnaissance surveys, site investigations, full schematic design services, working drawings, shop drawing review, and cost estimate to meet the Project Scope/Objectives of the USGS.

The Engineer shall perform all services necessary to prepare and furnish complete contract documents consisting of drawings, technical specifications, design analysis, schedules of drawings, and addenda as required for accomplishment of the design. Provide phasing in the design as to continue daily USGS-EROS operations for use of the Wastewater Pipe Collection System and Treatment Facility. The design shall meet National, Federal, South Dakota Department OF Agriculture & Natural Resources https://danr.sd.gov/, and local codes.

2. Design Scope – Structural: The Engineer shall provide for structural design, calculations and documentation as required for replacement and rehabilitation of the wastewater collection system pipes, control structures and wastewater treatment facility.

Design Scope – Site work: The Engineer shall locate soil borings to best represent geologic conditions at the site. Borings shall extend to depths sufficient to determine site conditions. The applicant shall base the number of soil borings necessary and the depths to which they extend upon the geologic complexity of the site. The applicant shall backfill or plug abandoned borings as required by National, Federal, South Dakota Department OF Agriculture & Natural Resources https://danr.sd.gov/, and local codes.

The Engineer shall determine soil properties by field testing and laboratory testing methods.

Methods shall be used to determine the soil classification, permeability, and particle size distribution, and to evaluate other characteristics that may be necessary to define soil properties.

The design shall incorporate electrical upgrade, bypass pumping, pond dewatering, sludge

Attachment A – 140G0124Q0015 Page 5 of 31 removal and land application, unclassified excavation, removal, replacement, and rehabilitation of the collection system and treatment system pipes and control structures, raise dikes, lagoon fencing, and pond prefill water.

3. Design Scope – Code Compliance: The design shall comply with National, Federal, South

Dakota Department OF Agriculture & Natural Resources https://danr.sd.gov/, and local codes in connection with the execution of this work. The Engineer shall provide the specifications and indicate the owner as the US Government. The Engineer shall, without additional expense to the Government, be responsible for obtaining any necessary licenses or permits.

4. Design Scope - Special Systems and Equipment: The design shall be based on required pipe collection system and wastewater treatment system infrastructure. The design shall address, but not limited to cross sectional drawings.

5. Design Scope – Sustainability: The Engineer shall consult the USGS Sustainability

Construction Checklist for incorporating sustainability into the design of the wastewater treatment system.

III. Schedule

A. Project Schedule The Engineer shall provide a Project Design Schedule to the COR within 14 days of being issued “Notice to Proceed”.

IV. Deliverables

The Engineer shall develop and provide to the USGS the following:

A. Meeting Minutes: The Engineer shall take minutes of all conferences and other meetings with the

USGS (including site visits) and shall provide a copy within 5 business days to the COR for a concurrence signature.

B. Drawings: The Engineer shall present to the Contracting Officer’s Representative (COR), at each design review, drawings showing location and extent of work, the design concept, and working drawings used to illustrate methods and proposed constructability of the Work. It is the intent of these presentations to achieve approval for the concept, to address any potential problems, and to make necessary changes before further progress of the design. Completed drawing sets and specifications making up each design review and final submission shall be organized to American Institute of Architects (AIA) and, Construction Specifications Institute (CSI) conventions. Each drawing sheet shall include the following paragraph: “PROPERTY OF THE UNITED STATES GOVERNMENT.

COPYING, DISSEMINATION, OR DISTRIBUTION OF THESE DRAWINGS, PLANS, OR

SPECIFICATIONS TO UNAUTHORIZED USERS IS PROHIBITED. Do not remove this notice.

Properly destroy documents when no longer needed.”

C. Specifications: The Engineer shall develop outline specifications with an index listing all probable sections intended for use in this project. The project specifications shall be prepared in Microsoft Word format.

D. Construction Cost Estimates: The Engineer shall prepare a construction cost estimate. The cost estimates shall include a copy of the quantity take-offs, breakdown of individual line items that accurately reflect the quantity take-off of the various categories of work involved, unit of measure, quantities, unit cost, 10% overhead, and 10% profit. All cost data shall be taken from the most current

Attachment A – 140G0124Q0015 Page 6 of 31 version of a recognized industry standard, e.g. Means Estimating Guides. All cost estimates shall be stamped “For Official Use Only”. Unit costs for material and labor shall be shown. Construction cost estimates shall be submitted with each design review and for the final submission. The 75%, 100%, and final submission shall include a breakdown of the alternates.

E. Submittal Log: The Engineer shall develop a list of all submittals required by the specifications in Section 1 of each individual specification. The register should include specification reference, and item to be reviewed and approved.

F. Design Analysis Documentation: The Engineer shall document the findings of field reconnaissance, data analysis, major engineering calculations and shall outline the design premise in a Design Analysis document including design options/choices, decisions, directives, and subsequent reasoning behind each.

This document shall be submitted at each design review including all changes and revisions.

G. Phasing: The Engineer shall develop a phasing plan taking into consideration disruption to EROS Science Center operations, storage of construction equipment and materials, security and access, debris removal and maintenance of the clean environment.

V. DESIGN REVIEWS – SCHEDULES AND REQUIREMENTS

The following design submissions will be required:

Schematic Design Submission – 35% Design Development Submission – 50% Pre-Final Construction Documents Submission – 75% Finalized Construction Documents Submission – 100%

The Engineer shall provide Review Documents in hard copy and on CDs in both original (i.e., AutoCAD, MS Word, Excel, etc.) format and PDF format. Quantities shall be as indicated for each design review submission.

The Engineer shall examine the schedules set forth below and recommend to the USGS any improvements in the allocations of time allowed for each phase, the net effect of which would be to either provide more time for phases needing more time or to shorten the entire design schedule.

A. First (35%) Submittal - Schematic Design Submission

For this submission, the Engineer shall produce and provide to the COR a preliminary site plan depicting the extent of the Work. The site plan shall show pipe structure placement including elevations.

This shall be submitted 45 calendar days after receipt of Notice to Proceed (NTP).

1. A written narrative with a summary of the meeting(s) with the USGS Project Team as well as a presentation, discussion and recommendation of various design alternatives which have been explored and evaluated. Key decisions/choices which were made by the USGS Project Team prior to the schematic design submission should be documented. The schematic design narrative shall also identify each and all required systems, utilities, and major (built-in) equipment with a brief description of its type, location, use and extent. The Engineer shall address constructability issues and their impact on project construction cost.

2. Drawing Deliverables: Design Development drawings such as: Site Plan. Two (2) sets of this design package are required.

Attachment A – 140G0124Q0015 Page 7 of 31

3. A cost estimate with as detailed a breakdown as possible for this stage of design. Separate cost estimate figures shall be given for any design alternatives being presented for consideration as part of the schematic design.

4. The USGS will provide 35% review comments to Engineer no later than 14 business days after receipt of 35% Design Submittal.

B. First (50%) Submittal - Design Development Submission This submission is set up to review first detailed plans. This shall be submitted to the COR 70 calendar days from date of receipt of NTP.

1. A written narrative that builds upon the Schematic narrative and continues to document key decisions and be used to further describe and explain important aspects of design, especially those which may not yet appear in the form of a drawing. As part of the Design Development narrative, include an outline of work yet to be completed and included on the drawings as part of the Construction Documents submission (details, elevations, schedules, etc.). Further develop constructability issues and their impact on project construction cost and schedule.

2. Preliminary Construction Estimates, Preliminary Phasing Requirements and Engineering Calculations which support the documentation that the scope and the design of the project are within the project budget.

3. The USGS will provide 50% review comments to Engineer no later than 14 business days from date of receipt of Design Development Submission

C. Third (75%) Submittal - 75% Prefinal Construction Documents Submission This submission is set up to further review detailed plans and specifications. This shall be submitted to the COR 100 calendar days from date of receipt of NTP.

1. A written narrative that represents a concise and complete record of the design process including all key design decisions and the background, reasons for and intent of these design decisions.

Continue to use the narrative to communicate any other important information and to provide support to other submission documents.

2. Provide to the COR two (2) CD’s and two (2) full sets of Construction Document hardcopy drawings and specifications. The 75% submission shall include all Specifications that are required for the construction package. The Specifications shall be free of writer’s notes and any editing comments. All information that is not required for this project shall be removed from each individual specification section.

3. Fully developed Construction Estimates complete with take-off cost based on the 50%

Construction Documents submission, Phasing Requirements and Engineering Calculations which support the documentation set out in this paragraph.

4. A complete submittal log form.

5. A complete preliminary design schedule.

6. The USGS will provide 75% review comments to the Engineer no later than 14 business days from date of receipt of 75% Construction Documents Submittal by COR.

D. Fifth (100%) Submittal - Final Construction Documents Submission

Attachment A – 140G0124Q0015 Page 8 of 31

This submission is the final delivery of approved construction documents. This shall be submitted to the COR 150 calendar days from date of receipt of NTP.

1. The Engineer shall provide to the COR two (2) hard copy sets of Engineer approved and stamped

Construction Documents (drawings and bound specifications) and provide (2) CDs of construction document sets in both original (i.e., AutoCAD, MS Word) format and PDF format.

2. Final Construction Estimates, Final Phasing Requirements and all Final Engineering

Calculations which support the documentation set out in this paragraph, all of which shall be complete in every respect. The final Engineering Calculations shall have been reviewed, signed, and sealed by the Engineer’s designated Engineer.

PRE-DESIGN MEETING

After contract award, and prior to start of design, Engineer shall participate in an on-site pre-design meeting scheduled by the COR. The meeting participants will include Engineering Representatives and Government Representatives.

EMPLOYEES

The Engineer shall be responsible at all times for the supervision and control of the employees that may be assigned to render services under the contract. Fully qualified work personnel shall be available for work on the date this purchase order begins and shall be maintained throughout the period of performance.

SCHEDULING CONTRACT WORK

The Engineer shall make necessary arrangements with the COR to perform the work and shall arrange and schedule their work so that the minimum amount of interference with Government activities will result.

TIMES OF WORK

Onsite Normal duty hours are Monday through Friday, 7:30 am to 4:30 pm CST, excluding Federal Holidays.

USE OF BUILDING FACILITIES

The contractor shall not use utility services and toilet facilities of the buildings.

CONDITIONS AFFECTING THE WORK

It will be the responsibility of the Engineer to inspect the site, determine the quality of work involved, compare the specifications with the work to be done, and inform themselves as to all conditions, including other work, if any, being performed. Failure to do so will in no way relieve the successful Engineer from the necessity of furnishing any materials or performing any work that may be required to carry out the contract in accordance with the true intent and meaning of the specifications without additional cost to the Government.

ACCIDENT PREVENTION AND FIRE HAZARDS

The Engineer shall take all necessary precautions to prevent fires or injury to the public, building occupant(s), or damage to property of others during the performance of this contract.

Attachment A – 140G0124Q0015 Page 9 of 31

EXCAVATION and UNDERGROUND UTILITIES

The Contractor shall make the required locate request to South Dakota 811 two working days before the planned work. Trenching and excavation work shall be done in accordance with proper emphasis on safety to conform to safety standards such as OSHA 1910 and 1926.

LICENSES-PERMITS

The Engineer shall, without additional expense to the Government, be responsible for obtaining any necessary licenses or permits, and for complying with any Federal, State and Municipal laws, codes, and regulations in connection with the execution of the work.

(End of Requirement / Salient Characteristics)

52.204-24 Representation Regarding Certain Telecommunications Nov 2021 and Video 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

Attachment A – 140G0124Q0015 Page 10 of 31 system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

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

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

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

(d) Representation. The Offeror represents that—

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

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

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

Attachment A – 140G0124Q0015 Page 11 of 31

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-25 Prohibition on Contracting for Certain Telecommunications Nov 2021 and Video Surveillance Services or Equipment

(a) Definitions. As used in this clause—

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network).

Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

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

Covered telecommunications equipment or services means–

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

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

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

or

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

Attachment A – 140G0124Q0015 Page 12 of 31

Critical technology means–

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

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

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

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

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

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

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

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

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

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

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

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

(b) Prohibition.

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, Attachment A – 140G0124Q0015 Page 13 of 31 or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

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

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

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

(d) Reporting requirement.

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

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

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

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

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

(End of clause)

52.204-26 Covered Telecommunications Equipment or Services-Representation Oct 2020

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

Attachment A – 140G0124Q0015 Page 14 of 31

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

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

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

(End of provision)

52.204-27 Prohibition on a ByteDance Covered Application Jun 2023

(a) Definitions. As used in this clause—

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, “No TikTok on Government Devices” Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.

Attachment A – 140G0124Q0015 Page 15 of 31

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

52.212-4 Contract Terms and Conditions – Commercial Products Dec 2022 and Commercial Services

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii)Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

Attachment A – 140G0124Q0015 Page 16 of 31

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer- System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (

31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

Attachment A – 140G0124Q0015 Page 17 of 31

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to

Attachment A – 140G0124Q0015 Page 18 of 31 audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and…