N40008523R2593.pdf

SEE ADDENDUM

(No Collect Calls)

N4008523R2593 05-Jun-2023

b. TELEPHONE NUMBER

843-228-3980

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 18 Jul 2023

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 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.

N400859. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

ASHLEY H. WILLIAMS

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

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

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

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

NAVFACSYSCOM MID-ATLANTIC

FEAD MCRD PARRIS ISLAND

BLDG 852 ATSUGI STREET

BEAUFORT SC 29905

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 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$8,000,000

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 OF58

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.

N4008523R2593

Section SF 1449 - CONTINUATION SHEET

COVER SHEET

NAVFAC RFP NUMBER: N40085-22-R-2576

REGIONAL PORTABLE TOILETS

AT NAVAL HOSPITAL BEAUFORT, MARINE CORPS AIR STATION (MCAS)

BEAUFORT, AND MARINE CORPS RECRUIT DEPOT (MCRD) PARRIS ISLAND, SC

SITE VISIT is scheduled for 14 June 2023 at 0900 A.M. EST PRE-PROPOSAL INQUIRIES (PPIs) are due 23 June 2023 at 2:00 P.M. EST PROPOSALS to be submitted on 18 July 2023 by 2:00 P.M. EST by Commercial carrier

Site Visit details may be found in Section L.4 Pre-Proposal Inquiries (PPIs) details may be found in Section L.3 Proposal details may be found in Section L.2

NOTICE:

All inquiries concerning any phase of the specification prior to the proposal due date shall be sent electronically to Ashley Williams, Contract Specialist, ashley.williams8@navy.mil.

Contractors or purchase orders to be awarded as a result of this contract shall be assigned (as Appropriate for specific procurement), DO-S1 rating in accordance with the provisions of DPA Regulation 1 and/or DMS Regulation 1.

SECTION B – SERVICES AND PRICES

GENERAL INFORMATION

B.1 CONTRACT TITLE: Portable Toilets and Hand Wash Station Services at Naval Hospital Beaufort (NHB), Marine Corps Air Station (MCAS) Beaufort, and Marine Corps Recruit Depot (MCRD) Parris Island, S.C. Also included are locations within a 50-mile radius of the above.

B.2 TYPE OF CONTRACT: Combination Firm Fixed-Price and Indefinite Quantity Service-type contract as noted in FAR 52.216-1 Type of Contract (APR 1984).

B.3 MAX NTE AND MIN GUARANTEE: The maximum Not-To-Exceed (NTE) value of an ordering period is the total of all the CLINs in that ordering period. The maximum or NTE value of the contract is the total value of all CLINs in the Schedule. Orders shall not be made that exceed the maximum NTE value for any ordering period. The maximum NTE value of an ordering period and of the contract may be increased by written modification to the contract in conjunction with any modification that increases the value of an existing task order that is authorized by a contract clause. Orders in excess of the estimated quantity set forth for any particular CLIN shall not be exceeded without the Contractor’s agreement which shall be indicated by signing or beginning performance of the order.

Concurrently with the award of the basic contract, the Government intends to issue a task order to obligate the contract minimum guarantee for:

CLIN 0001, Base Period Recurring Work;

Minimum guarantees do not apply to the option periods.

B.4 SET-ASIDE: 100% Small Business Set-Aside Competitive Procurement. See FAR Clause 52.219-6, Notice of Total Small Business Set-Aside.

B.5 NAICS CODE: The NAICS code assigned to this procurement is 562991, Septic Tank and Related Services, with a small business size standard of $8,000,000.00. Refer to Online Representations and Certifications (ORCA) at http://orca.bpn.gov (FAR 52.219-1, Small Business Program Representations (May 2004)).

B.6 WAGE DETERMINATION: Service Contract Act wages are included in this solicitation.

Refer to Section J-0200000-05 in the Performance Work Statement.

B.7 BID GUARANTEE/BONDING REQUIREMENTS: A bid guarantee or bonds are not required.

B.8 PRIOR CONTRACT INFORMATION

The contract issued as a result of this solicitation will replace contract N40085-19-D-6000, which is due to expire on 30 November 2023. The information below applies to that contract. No assurances are made that workload and volume of future effort and costs will replicate past experience. This information is provided merely for informational purposes:

Contract Number: N40085-19-D-6000

K&H Environmental Services LLC 210 Savannah Ave East Dublin, GA 31027-1525

B.9 CONTRACT TERM: This contract contains provisions for a Base Period with four (4) Option Periods, not to exceed a total of sixty (60) months. In the option periods, the Government will adjust the prices, if applicable, based on the new Department of Labor Wage Determination or Collective Bargaining Agreement (CBA).

B.10 PERIOD OF PERFORMANCE: The period of performance will commence at least 30 days afer notice/day of award and will expire 365 days after award.

B.11 PERIOD OF PERFORMANCE – LESS THAN ONE (1) YEAR: Offer shall be submitted for the performance of work for a period of one (1) year. The contractor is cautioned to recognize that the initial term of the contract may be for a period of less than one (1) year in accordance with the “Contract Term” clause in Section F. In the event that the period of performance is less than one year, the Government will reduce the individual line item quantities to reflect work remaining in the contract term and no other adjustments to the pro-rated contract price will be made.

B.12 REQUEST FOR PROPOSAL (RFP) FILES: Solicitations are posted to the SAM website (https://www.sam.gov). By necessity, these files are protected to prevent unauthorized editing.

It is the sole responsibility of the offeror to obtain the RFP files, along with any amendments from this website.

Unprotected editable file copies of the RFP documents including: Word, Excel and/or .pdf files (Adobe Acrobat files) will not be provided. Please plan accordingly.

B.13 SOLICITATION: This solicitation includes a Performance Work Statement (PWS) developed by using NAVFAC performance-based specifications. The PWS consists of Annexes

OPTION PERIOD OF PERFORMANCE FFP IDIQ TOTAL

BASE 1 December 2018‐30 November 2019 $264,168.00 $18,800.00 $282,968.00

OPTION I 1 December 2019‐30 November 2020 $271,672.00 $18,800.00 $290,472.00

OPTION II 1 December 2020‐30 November 2021 $271,672.00 $18,800.00 $290,472.00

OPTION III 1 December 2021‐30 November 2022 $271,672.00 $18,800.00 $290,472.00

OPTION IV 1 December 2022‐30 November 2023 $271,672.00 $18,800.00 $290,472.00

OPTION V (FAR 52.217‐8) 1 December 2023‐30 May 2024 $132,084.00 $9,400.00 $141,484.00

$1,586,340.00Contract Total:

1, 2, and 15 and Section 1502000. The contractor will be required to meet the specifications within the PWS found in Section J.

B.14 EVALUATION OF PROPOSALS: Proposers shall submit a lump and individual price for Section B, CLINs 0001 through 0010 and unit prices for Exhibit Line Item Numbers (ELINs) A through ELINs E, referenced in Section J, N4008523R2593_ELINS. For purposes of evaluating offers for award, the Government will utilize the pricing submitted for the base year and all option periods.

Refer to Section M, FAR 52.217-5, Evaluation of Options (JUL1990).

In order to permit efficient competition, the Navy will utilize the following methodology:

Proposals will initially be screened for price and placed in order of price (lowest price to highest price). The Navy will then evaluate the technical factors of the three

(3) lowest priced proposals. The Navy will make award to the lowest priced technically acceptable proposal from among the three (3) lowest priced proposals.

However, if no proposals are found to be technically acceptable within the first group of proposals, the Navy, at its sole discretion, reserves the right to increase the number of proposals it will review, until the Government identifies a technically acceptable proposal. Accordingly, under this methodology, the technical factors of some proposals may not be evaluated by the Navy. If discussions are deemed necessary by the Contracting Officer, all proposals will be evaluated (both technical and price) for the purpose of establishing a competitive range.

NOTE: Offerors MUST be evaluated as technically ACCEPTABLE under factors 1, 2, and 3 in order to be considered technically acceptable overall. See Section M for further details.

B.15 PRICING OF CLINS:

a) The contract pricing is structured into 10 Contract Line Item Numbers (CLINs). The base year is covered by CLINs 0001 and 0002. Each of the subsequent option periods are likewise covered by two (2) CLINs. The FFP/recurring work base period requirement and the overall guaranteed minimum for the contract is CLIN 0001. CLINs 0001, 0003, 0005, 0007, 0009 account for the recurring work requirements for each option period. CLINs 0002, 0004, 0006, 0008, 0010 contain non‐recurring work requirements that are pre‐ priced as part of your offer.

b) Section B CLINs are supported by ELINs – both of which may be found in Section J, J‐

0200000‐06, N4008525R2593_ELINS. Before Pricing Section B, complete the Section J ELINs Attachment Excel spreadsheet. The spreadsheet includes multiple worksheets which must be completed. Submit the completed spreadsheet with your proposal in electronic format. The spreadsheet contains 10 tabs of ELINs, each corresponding to a Section B CLIN. They are identified for example, as: “Base Period Recurring” (which is CLIN 0001), “Base Period Non‐Recurring” (which is CLIN 0002), “Option Period I

Recurring” (which is CLIN 0003), and so on. ELINS with alphabetical prefixes support various periods within the contract. Please see below.

• ELINs with prefix “A” supports the Base Period

• ELINs with prefix “B” support Option Period I

• ELINs with prefix “C” support Option Period II

• ELINs with prefix “D” support Option Period III

• ELINs with prefix “E” support Option Period IV.

The total of ELINs A001 through A003 will be the amount you should enter in Section B CLIN 0001. The total of A700 through A709 will be the amount you should enter in Section B CLIN 0002. The total of B001 through B003 will be the amount you should enter in Section B CLIN 0003. The total of B700 through B709 will be the amount you should enter in Section B CLIN 0004. The total of C001 through C003 will be the amount you should enter in Section B CLIN 0005. The total of C700 through C709 will be the amount you should enter in Section B CLIN 0006. The total of D001 through D003 will be the amount you should enter in Section B CLIN 0007. The total of D700 through D709 will be the amount you should enter in Section B CLIN 0008. The total of E001 through E003 will be the amount you should enter in Section B CLIN 0009. The total of E700 through E709 will be the amount you should enter in Section B CLIN 0010.

Make sure that the total of each tab of ELINs is equal to its corresponding CLIN value entered in Section B. The total of all Section J ELINs should equal the total of all Section B CLINs 0001 through 0010.

c) Bidders shall enter unit prices and amounts for the contract line items (CLINs) and exhibit line items (ELINs), as indicated in the schedules and any accompanying attachments.

d) In the event there is a difference between a unit price and the extended total amount, the unit price will be held to be the intended bid and the total of the CLINs or ELINs will be recomputed accordingly. The CLIN which includes recomputed contract or ELINs will also be recomputed to take into account the change in the contract ELIN. If the bidder provides a total amount for a CLIN or ELIN but fails to enter the unit price, the total amount divided by the CLIN or ELIN will be held to be the intended unit price.

e) The Schedule of Firm Fixed Price Work (CLIN 0001, 0003, 0005, 0007, 0009) and the

Schedule of Indefinite Quantity Work (CLIN 0002, 0004, 0006, 0008, 0010) will be used as the basis for deductions.

All pricing shall be fully loaded. No other allocations, fees, O/Hs, G&A, and profits will be applied when an option is exercised or work is ordered.

B.16 UNIT PRICE ADJUSTMENTS: This contract incorporates Service Contract Labor Standards Wage Determinations. In accordance with subparagraph (b) of the Fair Labor Standards and Service Contract Labor Standards—Price Adjustment Clause, FAR 52.222-43 offerors shall not include escalation of wage and fringe benefit rates for Service Contract Labor

Standards formerly known as the Service Contract Act (SCA) of 1965 covered employees in the option periods of performance. Wage and fringe benefit rates used for the base performance period will be used in pricing labor costs for all periods of performance in the option years. In accordance with the referenced clause, the contractor may be entitled to an adjustment in contract price only when a new Service Contract Labor Standards wage determination or Collective Bargaining Agreements (CBAs) is modified into the contract and it affects wages and fringe benefits of covered employees.

B.17 INDEFINITE QUANTITY INDIVIDUAL CONTRACT LINE ITEM QUANTITIES:

Once the estimated quantities for individual line items shown on the schedule have been ordered, additional quantities may be ordered, as long as, the overall not-to-exceed (NTE) amount of the contract per year is not exceeded, and the Contractor agrees by signing the task order.

B.18 UNIT PRICES OF LABOR (INDEFINITE QUANTITY):

A portion of the work included in the scope of this contract cannot be identified in advance in sufficient detail to be as a Unit Price Task in this contract. Labor for this work will be ordered and paid for based on unit prices for labor proposed by the Contractor listed in the Schedule of Indefinite Quantity work.

Estimated hours in the Schedule are a forecast of future requirements. These estimated hours are for performing "Indefinite Quantity Work" accomplished in the time period shown.

The Contractor shall enter, in the unit price bid space, the unit price for performing composite labor. The composite labor price shall include all direct and indirect costs associated with performing an hour of work. The composite labor price should be the Contractor's hourly craft wage adjusted to allow for the offerors work force productivity (i.e., the Contractor's estimate of how its’ work force will perform in relation to the Means Facilities Cost Data and/or the Engineered Performance Standards). The Composite Labor Rate shall include all costs for preparation of the cost proposal, job preparation, travel, pre-expended bin materials and supplies, ordering and stockpiling job material, additional material handling, items of equipment necessary to perform work (i.e. bucket truck, lifting equipment, staging, etc.), equipment set up time, lift time, craft delay allowance, profit, tools, equipment, field and home office overhead, clerical support, supervision, inspection, fees, taxes, licenses, bonds, permits, insurance, etc.

B.19 GOVERNMENT PURCHASE CARD (INDEFINITE QUANTITY): Indefinite Quantity work may be ordered at the prices offered by two (2) ways: 1) by the issuing activity using a DD Form 1155 “Order for Supplies and Services”; or 2) by an authorized Government user via a Government Purchase Card (GPC). When receiving GPC orders against Section B, the contractor shall provide the supplies and services at the offered price without additional markup or handling fee.

B.20 CONTRACTOR’S PAYMENT SCHEDULE: Contractors are required to submit a Contractor’s Payment Schedule with the proposal. Refer to Section J, Exhibit Line Items (ELINs).

B.20 NOTICE TO OFFERORS: Offerors are required to submit both Section B, Bid Schedule, and Section J, Exhibit Line Items (ELINs) found in Section J, N4008523R2593_ELINS with their bid. The total of the CLIN is equal to the sum of the ELINs as shown below:

BID SCHEDULE:

OPTION CLIN DESCRIPTION QUANITITY UNIT PRICE AMOUNT

Base 0001 Portable Toilets ‐ Recurring Services_ELINS A001‐A003

Base 0002 Portable Toilets ‐ Non‐Recurring Services_ELINS A700‐A709

Option I 0003 Portable Toilets ‐ Recurring Services_ELINS B001‐B003

Option I 0004 Portable Toilets ‐ Non‐Recurring Services_ELINS B700‐B709

Option II 0005 Portable Toilets ‐ Recurring Services_ELINS C001‐C003

Option II 0006 Portable Toilets ‐ Non‐Recurring Services_ELINS C700‐C709

Option III 0007 Portable Toilets ‐ Recurring Services_ELINS D001‐D003

Option III 0008 Portable Toilets ‐ Non‐Recurring Services_ELINS D700‐D709

Option IV 0009 Portable Toilets ‐ Recurring Services_ELINS E001‐E003

Option IV 0010 Portable Toilets ‐ Non‐Recurring Services_ELINS E700‐E709

B.21 INCORPORATION OF TECHNICAL PROPOSAL:

The contractor’s technical proposal, including revisions and amendments made prior to contract award and a copy of which is in the possession of both parties, will be incorporated into this contract upon award by reference with the same force and effect as if set forth in full text. All contractor personnel shall meet or exceed the qualification standards, experience levels, and trade backgrounds set forth in the technical proposal.

In the event of an inconsistency between the provisions of this contract and the technical proposal, the inconsistency shall be resolved by giving precedence in the following order: (i) the contract (excluding the technical proposal), and then (ii) the technical proposal.

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 UNDEFINED Each

BASE YEAR RECURRING WORK

FFP

Rental and servicing of portable toilets for Marine Corps Recruit Depot (MCRD) Parris Island, Marine Corps Air Station (MCAS), and Naval Hospital, Beaufort (NHB), Beaufort, SC. Price to perform Firm fixed-price work in accordance with all the terms of the contract. The price of contract line item 0001 is the sum of ELIN A001 through A003. (See Section J, Exhibit A for ELIN Items) FOB: Destination

PSC CD: S222

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 UNDEFINED Each

BASE YEAR NON-RECURRING WORK

FFP

IDIQ: Rental and servicing of portable toilets and hand wash stations for Marine Corps Recruit Depot (MCRD) Parris Island, Marine Corps Air Station (MCAS), and Naval Hospital Beaufort (NHB), Beaufort, SC. Price to perform Non- Recurring-Indefinite Quantity work in accordance with all the terms of the contract. The price of contract line item 0002 is the sum of ELIN A700 through A709. (See Section J, Exhibit A for ELIN Items)

UNIT UNIT PRICE MAX AMOUNT

0003 UNDEFINED Each

OPTION OPTION I - RECURRING WORK

FFP

Rental and servicing of portable toilets for Marine Corps Recruit Depot (MCRD) Parris Island, Marine Corps Air Station (MCAS), and Naval Hospital, Beaufort (NHB), Beaufort, SC. Price to perform Firm fixed-price work in accordance with all the terms of the contract. The price of contract line item 0003 is the sum of ELIN B001 through B003. (See Section J, Exhibit A for ELIN Items)

UNIT UNIT PRICE MAX AMOUNT

0004 UNDEFINED Each

OPTION OPTION I - NON-RECURRING WORK

FFP

IDIQ: Rental and servicing of portable toilets and hand wash stations for Marine Corps Recruit Depot (MCRD) Parris Island, Marine Corps Air Station (MCAS), and Naval Hospital Beaufort (NHB), Beaufort, SC. Price to perform Non- Recurring-Indefinite Quantity work in accordance with all the terms of the contract. The price of contract line item 0004 is the sum of ELIN B700 through B709. (See Section J, Exhibit A for ELIN Items)

UNIT UNIT PRICE MAX AMOUNT

0005 UNDEFINED Each

OPTION OPTION II - RECURRING WORK

FFP

Rental and servicing of portable toilets for Marine Corps Recruit Depot (MCRD) Parris Island, Marine Corps Air Station (MCAS), and Naval Hospital, Beaufort (NHB), Beaufort, SC. Price to perform Firm fixed-price work in accordance with all the terms of the contract. The price of contract line item 0005 is the sum of ELIN C001 through C003. (See Section J, Exhibit A for ELIN Items)

UNIT UNIT PRICE MAX AMOUNT

0006 UNDEFINED Each

OPTION OPTION II - NON-RECURRING WORK

FFP

IDIQ: Rental and servicing of portable toilets and hand wash stations for Marine Corps Recruit Depot (MCRD) Parris Island, Marine Corps Air Station (MCAS), and Naval Hospital Beaufort (NHB), Beaufort, SC. Price to perform Non- Recurring-Indefinite Quantity work in accordance with all the terms of the contract. The price of contract line item 0006 is the sum of ELIN C700 through C709. (See Section J, Exhibit A for ELIN Items)

UNIT UNIT PRICE MAX AMOUNT

0007 UNDEFINED Each

OPTION OPTION III - RECURRING WORK

FFP

Rental and servicing of portable toilets for Marine Corps Recruit Depot (MCRD) Parris Island, Marine Corps Air Station (MCAS), and Naval Hospital, Beaufort (NHB), Beaufort, SC. Price to perform Firm fixed-price work in accordance with all the terms of the contract. The price of contract line item 0007 is the sum of ELIN D001 through D003. (See Section J, Exhibit A for ELIN Items)

UNIT UNIT PRICE MAX AMOUNT

0008 UNDEFINED Each

OPTION OPTION III - NON-RECURRING WORK

FFP

IDIQ: Rental and servicing of portable toilets and hand wash stations for Marine Corps Recruit Depot (MCRD) Parris Island, Marine Corps Air Station (MCAS), and Naval Hospital Beaufort (NHB), Beaufort, SC. Price to perform Non- Recurring-Indefinite Quantity work in accordance with all the terms of the contract. The price of contract line item 0008 is the sum of ELIN D700 through D709. (See Section J, Exhibit A for ELIN Items)

UNIT UNIT PRICE MAX AMOUNT

0009 UNDEFINED Each

OPTION OPTION IV - RECURRING WORK

FFP

Rental and servicing of portable toilets for Marine Corps Recruit Depot (MCRD) Parris Island, Marine Corps Air Station (MCAS), and Naval Hospital, Beaufort (NHB), Beaufort, SC. Price to perform Firm fixed-price work in accordance with all the terms of the contract. The price of contract line item 0009 is the sum of ELIN E001 through E003. (See Section J, Exhibit A for ELIN Items)

UNIT UNIT PRICE MAX AMOUNT

0010 UNDEFINED Each

OPTION OPTION IV - NON-RECURRING WORK

FFP

IDIQ: Rental and servicing of portable toilets and hand wash stations for Marine Corps Recruit Depot (MCRD) Parris Island, Marine Corps Air Station (MCAS), and Naval Hospital Beaufort (NHB), Beaufort, SC. Price to perform Non- Recurring-Indefinite Quantity work in accordance with all the terms of the contract. The price of contract line item 0010 is the sum of ELIN E700 through E709. (See Section J, Exhibit A for ELIN Items)

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$2,500.00 $500,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0002 N/A N/A N/A Government

0003 N/A N/A N/A Government 0004 N/A N/A N/A Government 0005 N/A N/A N/A Government 0006 N/A N/A N/A Government 0007 N/A N/A N/A Government 0008 N/A N/A N/A Government 0009 N/A N/A N/A Government 0010 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-DEC-2023 TO

30-NOV-2024

N/A N/A

0002 POP 01-DEC-2023 TO

30-NOV-2024

0003 POP 01-DEC-2024 TO

30-NOV-2025

0004 POP 01-DEC-2024 TO

30-NOV-2025

0005 POP 01-DEC-2025 TO

30-NOV-2026

0006 POP 01-DEC-2025 TO

30-NOV-2026

0007 POP 01-DEC-2026 TO

30-NOV-2027

0008 POP 01-DEC-2026 TO

30-NOV-2027

0009 POP 01-DEC-2027 TO

30-NOV-2028

0010 POP 01-DEC-2027 TO

30-NOV-2028

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984

52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(JUN 2020) -- Alternate I

NOV 2021

52.203-7 Anti-Kickback Procedures JUN 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

JUN 2020

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror 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

52.204-20 Predecessor of Offeror AUG 2020 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

NOV 2021

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

NOV 2021

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

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

NOV 2021

52.204-26 Covered Telecommunications Equipment or Services-- Representation.

OCT 2020

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation

NOV 2015

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

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

NOV 2021

52.212-3 Offeror Representations and Certifications--Commercial Products and Commercial Services

OCT 2022

52.212-3 Alt I Offeror Representations and Certifications--Commercial Products and Commercial Services (OCT 2022) Alternate I

OCT 2014

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

NOV 2021

52.215-1 Instructions to Offerors--Competitive Acquisition NOV 2021 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011 52.215-12 Subcontractor Certified Cost or Pricing Data JUN 2020 52.215-14 Integrity of Unit Prices NOV 2021 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits

(PRB) Other than Pensions

JUL 2005

52.215-19 Notification of Ownership Changes OCT 1997

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data -- Modifications

NOV 2021

52.215-23 Limitations on Pass-Through Charges JUN 2020 52.217-5 Evaluation Of Options JUL 1990 52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.219-14 (Dev) Limitations on Subcontracting (DEVIATION 2021-O0008) OCT 2022 52.219-28 Post-Award Small Business Program Rerepresentation OCT 2022 52.222-4 Contract Work Hours and Safety Standards - Overtime

Compensation

MAY 2018

52.222-54 Employment Eligibility Verification MAY 2022 52.222-54 Employment Eligibility Verification MAY 2022 52.223-1 Biobased Product Certification MAY 2012 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-10 Waste Reduction Program MAY 2011 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

JUN 2020

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

DEC 2016

52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.227-1 Authorization and Consent JUN 2020 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

JUN 2020

52.227-14 Rights in Data--General MAY 2014 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-3 Federal, State And Local Taxes FEB 2013 52.229-11 Tax on Certain Foreign Procurements--Notice and

Representation

JUN 2020

52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-9 Limitation On Withholding Of Payments APR 1984 52.232-11 Extras APR 1984 52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 52.232-19 Availability Of Funds For The Next Fiscal Year APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-28 Invitation to Propose Performance-Based Payments MAR 2000 52.232-32 Performance-Based Payments APR 2012 52.232-37 Multiple Payment Arrangements MAY 1999 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation

APR 1984

52.237-3 Continuity Of Services JAN 1991 52.242-13 Bankruptcy JUL 1995 52.242-13 Bankruptcy JUL 1995 52.243-1 Changes--Fixed Price AUG 1987 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-25 Limitation Of Liability--Services FEB 1997 52.247-34 F.O.B. Destination NOV 1991 52.248-1 Value Engineering JUN 2020 52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-2 Alt I Termination for Convenience of the Government (Fixed- Price) (Apr 2012) - Alternate I

SEP 1996

52.249-8 Default (Fixed-Price Supply & Service) APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

DEC 2022

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

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

MAY 2016

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

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

JAN 2021

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.215-7008 Only One Offer JUL 2019 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic JUN 2022 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

APR 2019

252.227-7000 Non-estoppel OCT 1966 252.231-7000 Supplemental Cost Principles DEC 1991

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7007 Limitation Of Government's Obligation APR 2014 252.232-7007 Limitation Of Government's Obligation APR 2014 252.232-7009 Mandatory Payment by Governmentwide Commercial

Purchase Card

MAY 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7024 Notice of Continuation of Essential Contractor Services. OCT 2010 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2022)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 562991.

(2) The small business size standard is $8,000,000.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition--

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the 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).

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the 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).

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates II and III.)

This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more but is less than $92,319, the provision with its Alternate II applies.

(C) If the acquisition value is $92,319 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. 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.

FAR Clause Title Date Change

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 on SAM.

(End of provision)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

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

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

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

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

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

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

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2022)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting…