M6700124Q1050.pdf

SEE ADDENDUM

(No Collect Calls)

M6700124Q1050 28-Feb-2024

b. TELEPHONE NUMBER

910-451-7854

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 07 Mar 2024

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

M670019. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

TAYLOR A. RADFORD

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

MMP1004479938

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

M67001MARINE CORPS FIELD CONTRACTING SYS

ATTN: TAYLOR RADFORD

PO BOX 8368

CAMP LEJEUNE NC 28547-8368

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE MMP100 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

MMP100 CAMP LEJEUNE / BLDG 1047 / RM FL

LISA GRAY

BLDG 1047 DUNCAN STREET

CAMP LEJEUEN NC 28542

TEL: 910-451-6816 FAX:

FAX:

TEL: 910 451-7854

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$9,000,000

NAICS:

562991

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF45

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

M6700124Q1050

Section SF 1449 - CONTINUATION SHEET

NOTICE TO OFFERORS

SUBMISSION OF QUOTES: Quotes may be submitted via email (no larger than 2MB) to taylor.radford@usmc.mil; (PREFERRED METHOD) or via hand delivery/courier to Contracting Department, Bldg.

316, “G” Street, Camp Lejeune, NC 28542. It is solely the Offeror’s responsbility to ensure quotes are submitted in accordance with FAR provision 52.212-1 including its addenda, and received withint the required timeframe. All quotes, if timely received, will be considered for award. The information submitted shall be clear and legible.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 552 Each Rental of Portable Toilets

FFP

46 portable toilets with service twice a week on TUESDAY and FRIDAY at various locations in accordance with the Performance Work Statement (PWS).

46 portable toilets per month X 12 = 552 each

46 portable toilets at $______ each = $______ per month

FOB: Destination

MILSTRIP: MMP1004479938

PURCHASE REQUEST NUMBER: MMP1004479938

PSC CD: W085

NET AMT

mailto:taylor.radford@usmc.mil

1001 552 Each OPTION Rental of Portable Toilets

FFP

2001 552 Each OPTION Rental of Portable Toilets

FFP

3001 552 Each OPTION Rental of Portable Toilets

FFP

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

for

Portable Toilet Services

1.0 BACKGROUND – Marine Corps Installations – East (MCIEAST) Marine Corps Base (MCB)

Camp Lejeune Range and Training Area Management (RTAM) Division have a requirement for the rental and servicing of portable toilets to support Marines training on the ranges and training systems aboard Camp Lejeune. Services include delivery to site, setup for operation, servicing as required by the contract, and removal at the end of the period of performance.

2.0 LOCATIONS – Portable Toilets are required by Range and Training Area Manag ement

(RTAM) Division and shall be located aboard MCB Camp Lejeune, NC in the field training area, at designated firing ranges [see below table]. On the day of delivery, the Government Technical

Representative will issue a key and detailed map to the contr actor to ensure access to the work site for the duration of the period of performance.

PORTABLE TOILET LOCATIONS

LINE LOCATION # OF TOILETS

1 Range B-12 / 7430-4520 1

2 CVOT-ETA / 8453-2907 2

3 Range D-29 / 8390-3825 1

4 Range F11 A&B / 8700-3961 2

5 Range F-5 / 9095-4288 2

6 Gas Chamber / 8733-3865 2

7 Range G-19A / 8976-3423 1

8 Range G-19B / 8983-3408 1

9 MOUT Lejeune / 9383-3820 6

10 Mobile MOUT / 9440-3880 6

11 Outdoor IIT / 9418-3885 9

12 Indoor IIT-Bldg 904 / 2

13 Range OP-2 / 9155-3758 2

14 Range SR-8 / 6996-3212 6

15 Warehouse-Bldg CR-139 2

16 AGTS Site 1

TOTAL 46

2.1 DELIVERY OF PORTABLE TOILETS – Delivery and contact shall be made during normal working hours of 8:00am - 4:30pm, Monday through Friday, excluding Government holidays.

The contractor shall contact the Government Technical Representative , listed in paragraph 5.2, no less than 48 hours prior to delivering toilets. On the day of delivery, the Government Technical

Representative shall arrange for a representative to escort the contractor to the exact delivery sites for initial placement of the toilets. Toilets shall be in place and ready for use at the start of the period of performance.

Locations are in the field training areas. Roads in the Camp Lejeune training areas are hard packed secondary roads. At no point will the contractor deviat e from any road. Due to road conditions in the training areas, no vehicles larger than a 24ft Stake Bed Truck are authorized.

2.2 KEY CONTROL AND ACCESS – On the effective date of the contract, the contractor shall receive and sign receipt for keys on al l assigned facilities. The contractor shall establish and implement methods of ensuring that all keys issued to the contractor by the Government are not lost or misplaced and are not used by unauthorized persons. The contractor shall not duplicate any keys issued by the Government. Annually keys provided by the Government will be validated and signed for by the contractor. The contractor will enter the installation through authorized gates only before proceeding to the required locations.

3.0 REQUIREMENTS – The contractor shall provide all qualified personnel, supervision, supplies, materials, equipment, tools, and transportation necessary to provide portable toilets and cleaning services in accordance with this performance work statement (PWS). Performance shall be in accordance with contract specifications, current federal, state, and local laws, ordinances, and regulations.

Rental and servicing of portable toilets shall include delivery to site, setup for operation, servicing of toilets, and toilet removal as required by the PWS.

3.1 TOILETS – The toilets shall have no open spaces, crevices, or any other hard to clean features within the toilet. The floor shall be provided with suitable anti -skid protection. If the anti-skid device is removable, it sha ll be easily replaceable. Materials used for construction of toilets shall be corrosion resistant and withstand temperatures from -25 degrees Fahrenheit to

+120 degrees Fahrenheit. The toilet’s interior finish shall facilitate cleaning and be impervious to the absorption of chemical and waste derivatives.

3.2 HARDWARE – All hardware, including latches, chains, locks, and hinges shall be made from corrosion resisting steel, brass, or carbon steel. If made from carbon steel, it shall be zinc, cadmium or chrome plated. Metals shall be selected for similarity to reduce or inhibit electrolytic corrosion. An outside hasp assembly shall be provided.

3.3 SKIDS AND TANK UNDER GUARD – All toilets shall be securely mounted on skids.

3.4 TANK INTERIOR - Surface shall be resistive to chemical and waste corrosion and impervious to the absorption of waste and chemical derivatives.

3.5 TANK VENTING – Tanks shall be vented to the outside having minimum vented area of 12.5 square inches which is a circle approximately 4 inches in diameter.

3.6 TANK CAPACITY – Tank capacity shall have a minimum of 40 gallons.

3.7 SEAT – Seat shall have a smooth surface that resists burning and corrosion.

3.8 TISSUE DISPENSER AND TISSUE – A minimum two-roll toilet tissue dispenser shall be provided. The dispenser shall be contrasted to prevent “free reeling” of the toilet tissue and shall be refilled to capacity at each servicing.

3.9 HAND SANITIZER DISPENSER – A hand sanitizing dispenser shall be provided and attached to the interior of each portable toilet. The dispenser shall be constructed in such a manner as to dispense measured quantities of hand sanitizer and shall be refilled to capacity at each servicing.

3.10 TOILET IDENTIFICATION – All toilets shall have affixed to the exterior, the contractor’s name, a unique serial number, and the contractor’s telephone number. The information shall be a minimum of three (3) inches in height, and clearly visible at all times. The unique ser ial numbers, along with the associated location, shall be provided to the Government Technical Representative and the Contract Specialist upon delivery.

3.11 SERVICING OF TOILETS – All units shall be serviced Twice a week on Tuesday and

Friday of each week for the duration of the period of performance. The contractor will have access to the sites to perform routine service during the normal working hours of 8:00am –

4:30pm on servicing days, excluding Government holidays. For questions or issues pertainin g to site access for service performance, the contractor will contact the Government Technical

Representative, listed in paragraph 5.2, during normal working hours.

Services shall include the complete removal of all waste, debris, and other contaminants from waste tanks, seats, doors, floors, and other exposed interior and exterior surfaces, to include washing, sweeping, dusting, mopping, and applying a commercial grade cleaner and disinfectant to interior surfaces.

Waste tanks shall be recharged with sufficient quantity of chemical to ensure an odorless unit.

The contractor shall take extreme care to prevent any spillage of the waste tank contents. In the event a spillage does occur, the contractor shall thoroughly clean the entire area contaminated by the spill, in accordance with Occupational Safety and Health Administration (OSHA) and Base

Health and Safety Regulations as well as current federal, state and local laws, ordinances, and regulations.

The contractor shall replenish toilet paper and hand sanitizer at each service to ensure they are filled to capacity.

3.12 WORK SITE – Upon completion of all services, the contractor shall remove all parts, debris, trash, waste, or any other materials resulting from work under this contract at their expense. In the event the contractor encounters any discrepancies at the work sites, the contractor shall immediately report the findings to the Government Technical Representative .

3.13 WASTE DISPOSAL – The contractor shall supply and dispose of all chemicals or substances used in the sanitary treatment of toilet waste. Toilets shall be maintained in a sanitary condition, with the collected waste being treated and disposed of in compliance with all applicable Federal State, and Local laws, ordinance, and regula tions. All waste must be disposed of OFF BASE.

3.14 REMOVAL OF CONTAMINATION – In the event the contractor contaminates Government property while performing contract services, the contractor shall remove all contamination at their expense, prior to leaving the area.

3.15 REMOVAL OF PORTABLE TOILETS – The contractor shall remove all toilets as required by the contract and at the end of the period of performance. The contractor shall remove all portable toilets within five (5) days of completion of the contract.

4.0 CONTRACTOR UNAUTHORIZED WORK PERFO RMANCE – The contractor shall not perform work that deviates from contract requirements and specifications. If the contractor deviates from contract requirements and specifications without approval of the CONTRACT

ADMINISTRATOR/OFFICER, such deviation shal l be at the risk of the contractor and any cost related thereto shall be borne by the contractor.

5.0 GOVERNMENT POINTS OF CONTACT – The Government points of contact are not warranted Contracting Officers and do not have the authority to take any action, either directly or indirectly, that would change the pricing, quantity, place of performance, delivery schedule, or any other terms and conditions of the contract.

5.1 Contract Administrator – Provided at time of award.

5.2 Government Technical Representative – Provided at time of award.

6.0 GOVERNMENT RESPONSIBILITIES – The Government agrees to provide the vendor access to the work site for delivery and to perform routine servicing during the normal working hours of 8:00am – 4:30pm on servicing days, Tuesday and Friday of each week for the period of performance, excluding Government holidays. Requested services outside these hours is subject to contracting officer approval.

The MCIEAST-MCB Camp Lejeune G-3/5 (RTAM) will be held responsible if the Government loses, damages, or relocates the contractor’s items/equipment while being utilized by the

Government. Government personnel w ill not repair, service, or move the contractor’s items/equipment except as: necessary in the event of an immediate hazard to persons or property

(e.g.: impending hurricanes, tornadoes, etc.); mutually agreed upon by Contract Administrator and the Contactor.

7.0 QUALITY ASSURANCE – The Government will evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the

Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards shall be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

Performance

Objective

PWS Para. Performance

Standard

Acceptable

Quality Level

(AQL)/Frequency

Remedy

Portable Toilets 3.0 – 3.11 Provide Portable

Toilets per the

PWS

100% Random sampling and customer feedback

Contractor shall replace any portable toilets not meeting the minimum standards of the

PWS

Servicing of

Portable Toilets

3.11 Provide Bi-

weekly (Tues &

Fri) Servicing of

100%/Random sampling and

Contractor shall re-perform

Portable Toilets per the PWS customer feedback servicing of portable toilets

Condition of

Work Site

3.12 Remove all

parts, debris, trash, waste, or any other materials from work site

80%/Random sampling and customer feedback

Contractor shall immediately remove all debris, trash, waste, materials at their expense.

Waste Disposal 3.13-3.14 Treat and dispose of all waste in compliance with all applicable

Federal, State, and Local laws, ordinance, and regulations. All waste must be disposed of OFF

BASE.

100%/Random sampling and customer feedback

Contractor shall immediately remove all contamination at their expense

8.0 BASE ACCESS INSTRUCTIONS FOR MARINE CORPS BASE CAMP LEJEUNE AND MARINE

CORPS AIR STATION NEW RIVER

- To gain initial access to the vbase, Contractors and/or Delivery Drivers must have in their possession: their contract number, delivery address, and sponsor’s contact information.

For SERVICES the Government Technical Representative is the sponsor.

For delivery of SUPPLIES the customer/delivery point of contact is the sponsor.

Contract Number: Provided at time of award

Sponsor/COR:

Delivery Address:

- Contractors must be registered in the Defense Biometrics Identification System (DBIDS). It is the Contractors responsibility to ensure all their employees and or subcontractors are properly registered within DBIDS.

- DBIDS credentials will be valid for the duration of your contract, not to exceed three years; however, re-vetting of individuals' information will occur each year.

- Contractors requiring access for over 60 days will receive a credential valid for up to one year. Contractors requiring access for less than 60 days will receive a temporary paper pass.

- Contractor Common Access Card (CAC) Eligibility: Contractor personnel authorized CAC's are exempt from

DBIDS enrollment.

- If you have questions regarding base access, Contractor CACs, or DBIDS requirements, contact the Contractor

Vetting Office (CVO). The CVO is located in Bldg. 818 adjacent to the Camp Lejeune Main Gate on Holcomb Blvd, just off NC Highway 24. The CVO is open Monday through Friday from 6 a.m. to 2 p.m. and closed on weekends and holidays.

Contractor Vetting Office – Appointments: 910-451-5977

Contractor Vetting Officer – Questions: 910-451-0284/0289

Vetting Office Email: lejeunecontractorvetting@usmc.mil

DBIDS Email: https://dbids-global-enroll.dmdc.mil/preenrollingui/#!/ https://dbids-global-enroll.dmdc.mil/preenrollingui/#!/

- Contractos will report to the Contractor Vetting Office (CVO) to confirm their access requirements, undergo a background check and receive their credential/pass.

PLEASE NOTE: Individuals with active warrants may be subject to arrest on the spot.

**The Government will not be responsible for any contractor access delays. Delays that may result from inadequate planning are strictly the responsibility of the contractor.

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 DoL Wage Determination

2015-4389 Rev.25

9 14-FEB-2024

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

1001 Destination Government Destination Government

2001 Destination Government Destination Government

3001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 13-APR-2024 TO

12-APR-2025

N/A MMP100 CAMP LEJEUNE / BLDG 1047 /

RM FL

LISA GRAY

BLDG 1047 DUNCAN STREET

CAMP LEJEUEN NC 28542

910-451-6816

MMP100

1001 POP 13-APR-2025 TO

12-APR-2026

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 13-APR-2026 TO

12-APR-2027

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 13-APR-2027 TO

12-APR-2028

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-18 Prohibition on Contracting With Entities That Require Certain

Internal Confidentiality Agreements or Statements--

Representation

JAN 2017

52.204-7 System for Award Management OCT 2018

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-13 System for Award Management Maintenance OCT 2018

52.204-16 Commercial and Government Entity Code Reporting AUG 2020

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017

52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

SEP 2023

ADDENDA TO FAR 52.212-1

Addendum to paragraph (b)(4):

The offeror shall submit with their offer:

Technical Capability:

The vendor shall provide a capability statement/performance plan that demonstrates their ability to provide the required service in the solicitation. The vendor should address their experience providing this type of service, equipment supplied, and any other relevant information.

Delivery Information:

Clearly state if the offeror can meet the required period of performance as stated in each line item. Offerors who cannot mee the required period of performance will not be considered for award.

Addendum to paragraph (b)(6):

The offer shall submit with their offer:

Price:

The price offered must reflect unit prices, extended amounts per line item, and overall total. (Note: All prices must be actual “face-value” pricing having already accounted for any discounts offered and extended to the Government.)

CLAUSES INCORPORATED BY REFERENCE

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

Commercial Services

NOV 2023

52.219-1 Alt I Small Business Program Representations (SEP 2023)

Alternate I

SEP 2015

52.219-14 (Dev) Limitations on Subcontracting (DEVIATION 2021-O0008) FEB 2023

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.247-34 F.O.B. Destination NOV 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023

252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

JAN 2023

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

JAN 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services

JAN 2023

252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023

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

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

Hazardous Materials

SEP 2014

252.223-7997 (Dev) Prohibition on Procurement of Certain Items Containing

Perfluorooctane Sulfonate or Perfluorooctanoic Acid -

Representation (DEVIATION 2022-O0010)

SEP 2022

252.223-7998 (Dev) Prohibition on Procurement of Certain Items Containing

Perfluorooctane Sulfonate or Perfluorooctanoic Acid

(DEVIATION 2022-O0010)

SEP 2022

252.225-7001 Buy American And Balance Of Payments Program--Basic JAN 2023

252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022

252.225-7048 Export-Controlled Items JUN 2013

252.225-7055 Representation Regarding Business Operations with the

Maduro Regime

MAY 2022

252.225-7056 Prohibition Regarding Business Operations with the Maduro

Regime

JAN 2023

252.225-7059 Prohibition on Certain Procurements from the Xinjiang

Uyghur Autonomous Region - Representation

JUN 2023

252.225-7060 Prohibition on Certain Procurements from the Xinjiang

Uyghur Autonomous Region

JUN 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JAN 2023

252.239-7098 (Dev) Prohibition on Contracting to Maintain or Establish a

Computer Network Unless Such Network is Designed to

Block Access to Certain Websites - Representation.

(Deviation 2021-O0003)

APR 2021

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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 and Commercial Services. The Offeror shall not complete the representation in paragraph

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

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment.

(b) Prohibition.

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

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

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

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

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

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

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

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)

(https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The

Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered

(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered

(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

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

(End of provision)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

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

Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)

(https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representations.

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

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

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible 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 offers:

BASIS OF AWARD: Award will be made on price alone.

This acquisition will be conducted in accordance with FAR Part 12, Acquisition of Commercial Products and Commercial Services, and FAR Part 13, Simplified Acquisition Procedures.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

https://www.sam.gov/

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

(End of Provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2023) ALTERNATE I (OCT 2014)

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

(a) Definitions. As used in this provision --

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

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

"Forced or indentured child labor" means all work or service-

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain

Telecommunications and Video Surveillance Services or Equipment.

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

"Sensitive technology"--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act

(50 U.S.C. 1702(b)(3)).

"Service-disabled veteran-owned small business concern"--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern"--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13

CFR 121.103.

"Small disadvantaged business concern, consistent with 13 CFR 124.1001", means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR

124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

"Subsidiary" means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

"Veteran-owned small business concern" means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least

51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the

United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR

127.300.

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and

Certifications--Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part

19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that--

(i) It [ ___ ] is, [ ___ ] is not a small business concern; or http://www.sam.gov/

(ii) It [ ___ ] is, [ ___ ] is not a small business joint venture that complies with the requirements of 13 CFR

121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ ]

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that--

(i) It [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2).

[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ ___ ] is, [ ___ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.

(6) WOSB joint venture eligible under the WOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .

(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c).

[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: _________

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an…