S01 - 12FPC124Q0066.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

FPAC-HQ-12FPC1

eugene.jackson2@USDA.gov Central Section USDA FPAC Business Center

NRCS-IN-1252KY CODE 16. ADMINISTERED BYCODE

X

X

334511

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORFPAC-HQ-12FPC1

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

09/09/2024 1000 ET

09/03/2024

202-903-9202EUGENE JACKSON

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

12FPC124Q0066

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 37 1132226OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

INDIANAPOLIS IN 46278

6013 LAKESIDE BOULEVARD

USDA-NRCS-INDIANA STATE OFFICE

15. DELIVER TO

FPAC-HQ-12FPC1@USDA.gov Central Section

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

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

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

USDA FPAC Business Center

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Delivery: 15 Days After Award

0001 (Part # R12I-101-60-01-P) Trimble R12i, Model 60 12 EA (pre-conf), ROW

0002 (Part # R12I-CFG-001-40) Trimble R12i 12 EA Configuration Level - R12i Base

Continued ...

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

BRANTT C. LINDSEY

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REFERENCE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

0003 (Part # TSC5-1-1100-00) Trimble TSC5 controller - 2 EA

WWAN, Worldwide region

0004 (Part # TSC7-2-1111-01-P) Trimble TSC7 3 EA controller?V2- QWERTY keypad, 0005 (Part # TA-GENSURV-P) Trimble Access - General 3 EA

Survey; Perpetual

License

0006 (Part # EWLS-R12-FW-STOCK) TPP - Firmware - 62 EA

Trimble R12 or R12i (12 month expiration)

0007 (Part # EWLS-R10-FW-STOCK) TPP - Firmware 10 EA

Maintenance - Trimble R10-2 (12 month expiration)

0008 (Part # EWLS-TA-STOCK) TPP - Software 42 EA

Maintenance - Trimble Access (12 month expiration)

0009 (Part #53861) Carbon Fiber Range Pole - 2m 7 EA

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 37

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

12FPC124Q0066

Rod

0010 (Part # 43169-20) Rod - 2.5m Carbon Fiber 5 EA

Telescopic Range Pole with

0011 (Part # 101070-00-01) Trimble Geospatial Accessory 14 EA

- Dual Battery Charger with power supply

0012 (Part # 121351-01-1) Trimble Accessory - Hand 4 EA

Strap

0013 (Part # 121340-01-1) Trimble TSC7 Accessory - 11 EA

Glass Screen Protector

0014 (Part # 121320-01-1) Trimble Accessory - 5 EA

Rechargeable Battery 2-pack

0015 (Part # 121354-01-1) Trimble Accessory - Carry 5 EA

Case

Shoulder Bag

0016 (Part # 121358-01-1) Trimble Accessory - External 10 EA

Ba

0017 (Part # 5191-00) Topo Shoe, Prism Pole 17 EA

0018 (Part # 5114-02) Mount, Mag, Triple, SS, 5/8x11 4 EA

0019 (Part # TDC6-1-1100-00) TSC5 Pole Mount Bracket - 1 EA

5 Pack

0020 (Part # 89840-00) Trimble R10 Accessory - 22 EA

Rechargeable Battery

0021 (Part # 115896-GEO) TSC5 Glass Screen Protector 1 EA

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

4 37

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

12FPC124Q0066

(Standard Ultra Clear)

0022 (Part # 89845-00) Trimble R10 Accessory - Quick 17 EA

Release Adapter (0.05m)

0023 (Part # 89846-00) Trimble R10 Accessory - Base 6 EA

Station Extension (0.15m)

0024 (Part # FIP4-RTKPW) Lemo connector to SAE power 2 EA connector 10 1/2" cable.

0025 (Part # 128959-00) Tripod - Adjustable Height, 2m 6 EA for

GPS

0026 (Part # 104980-01-1) Trimble Geospatial Accessory 6 EA

12V Vehicle Adapter

0027 (Part # 121349-01-1) Trimble TSC7 Accessory - Pole 9 EA

Mount

0028 (Part # SX12-HW-00) Instrument - Trimble SX12 1" 1 EA

Trimble SX12 1" Scanning Total Station

0029 (Part # SX12-CFG-20) Configuration - Trimble SX12 1 EA

Standard and Laser Pointer

0030 (Part # 99511-30)BPack, Li-Ion, NDUS, 3S2P, 10.8V, 1 EA

6500mAHr, 124x74x24.8mm

0031 (Part # 58020002) Prism - 360 Prism incl height 1 EA adapter to standard rod, prism

0032 (Part # 90550-PL) PRI.LBL STD Quick Clamp Tri. 1 EA

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

5 37

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

12FPC124Q0066

0033 (Part # 51003007) Rod - Trimble standard 1 EA telescopic rod 2,6m

0034 (Part # 123731-00-GEO) EM130 Radio Module 1 EA

0035 (Part # 121360-01-1) Trimble TSC7 Accessory - Hard 1 EA

Case

0036 (Part # 63650-00) Trimble Business Center Survey 1 EA

Advanced - Network License

0037 (Part # 63603-50) Add Scanning to Software Key 1 EA

License

0038 (Part # 5198-52) Bracket, ATV TSC7/Ranger7 1 EA

0039 (Part # 400PXRTK-VLKT) RTK Bridge®-X Kit with 1 EA

4G LTE modem VERIZON - UHF

0040 (Part # FIP4-400ANT-MBKT-LTE) UHF & LTE 1 EA

Cellular Mobile Antenna Kit

0041 (Part # 51871-10-30) Antenna Whip - 5DB, 410-430 1 EA

MHZ PDL450

0042 (Part # 64451-00) NMO-to-TNC Adapter Cable (9 ft) 1 EA

0043 (Part # 89854-00) Trimble R10 Accessory - UHF 11 EA

Radio Antenna with SMA

0044 (Part # FIP4-LTEANT-007) Cellular duck antenna for 1 EA

4G LTE with right angle

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

6 37

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

12FPC124Q0066

0045 (Part # FIP4-GPSL1-LTE) L1 GPS antenna and cable 1 EA

SMA(M) with 9 inch cable.

0046 (Part # FIP4-WiFi-04) Duck style antenna, 2.4GHz, 6 EA

+2dBi gain, reverse polarity

0047 (Part # TDC6-1-1100-00) TDC6: Android, 64B/64GB, 1 EA

GPS, BT/WiFi, Global WWAN, 0048 (Part # 122338-GEO-BLK) Metal passive stylus with 4 EA tether, screwdriver and 2 extra tips -

0049 (Part # 120524-BLK-GEO-1) T100 Stylus and Tether 5 EA

(SINGLE)

0050 (Part # 2070-002) Adapter, Plug, Tribrach 3 EA

0051 (Part # 129115) TDC650 Pole Bracket 1 EA

0052 (Part # 121951-01-GEO) TSC5 / TSC7 Quick 8 EA

Release Pole Mount Clamp with

0053 (Part # 121952-01-GEO) TSC5 Pole Mount Bracket - 2 EA

5 Pack

0054 (Part # 120200-SUR) Li-35 Battery Pack 4 EA

0055 (Part # 125513-10-1) TDC6 Glass Screen Protector 1 EA

0056 Part # XXX999) 400 - 512 MHz UHF Duck Antenna 1 EA

0057 (Part # 43169-30) Rod - 2.5m Carbon Fiber 4 EA

Telescopic Range Pole without

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS)

Indiana State Office

Engineering Equipment for NRCS Indiana State Office Solicitation #12FPC124Q0066

FOR SOLICITATION INFORMATION: Brantt Lindsey Contracting Officer brantt.lindsey@usda.gov Phone: 816-610-1191

Eugene Jackson Contract Specialist eugene.jackson2@usda.gov Phone: 202-903-9202

QUOTE DUE DATE/LOCAL TIME: September 09, 2024

10:00 PM ET

mailto:brantt.lindsey@usda.gov mailto:eugene.jackson2@usda.gov

A Solicitation/Contract Form

A.1 SF 1449 – to be provided upon award

A.2 Department/Agency

A.2.1 United States Department of Agriculture (USDA)

Natural Resources Conservation Service (NRCS)

A.3 Contracting Office

A.3.1 Farm Production and Conservation (FPAC)

Business Center Acquisition Division

Operations Branch – Central Section

A.4 Contracting Officer/ Contract Specialist

A.4.1 Contracting Officer: Brantt Lindsey, email: Brantt.Lindsey@usda.gov, phone: 816-610-1191

A.4.2 Contract Specialist: Eugene Jackson, email: eugene.jackson2@usda.gov, phone: 202-903-9202

A.4.3 Contracting Officer is only individual who can legally commit or obligate the Government for expenditure of public funds. Only contracting officer has authority to: (1) increase or decrease award amount; (2) direct or negotiate any changes; (3) modify or extend period of performance; (4) change schedule of completion; (5) authorize payment under order; (6) otherwise modify any terms or conditions of this Contract.

A.5 Program Office

A.5.1 Natural Resources Conservation Service (NRCS) Indiana State Office

A.5.2 Point of Contact: See delivery requirements POC detailed in section C.

A.5.3 Program office point of contact will act as liaison to coordinate activities between Contractor and Contracting Officer, as required, in performance of work under this agreement. Program office point of contact has authority to provide technical clarification of contract requirements but do not have authority to modify any contract provisions, including, without limitation, changing scope of work, cost/price thereof, or performance delivery schedule(s) therefore. Technical clarification will be issued in writing within 5 (five) calendar days after verbal issuance.

End of Section mailto:Brantt.Lindsey@usda.gov

B SF 1449 Services/Supplies and Prices/Costs

B.1 Contract Type

B.1.1 Firm Fixed Price Delivery Order

B.2 Pricing

B.2.1 Fixed Price not-to exceed price for Various Trimble Engineering Equipment for NRCS Indiana State Office is TBD AT AWARD.

End of Section

C Requirements

C.1 INTRODUCTION

C.1.1 NRCS, Indiana State Office requires various Trimble equipment detailed in table C.2.

C.2 Product Descriptions

Table C.2

REQUIRED SUPPLIES

Item # Part Number and Description Qty.

(ea.)

1 (Part # R12I-101-60-01-P) Trimble R12i, Model 60 (pre-conf), ROW 12

(Part # R12I-CFG-001-40) Trimble R12i Configuration Level - R12i Base and 12

(Part # TSC5-1-1100-00) Trimble TSC5 controller - WWAN, Worldwide region 2

(Part # TSC7-2-1111-01-P) Trimble TSC7 controller?V2- QWERTY keypad, 3

(Part # TA-GENSURV-P) Trimble Access - General Survey; Perpetual License 3

(Part # EWLS-R12-FW-STOCK) TPP - Firmware - Trimble R12 or R12i (12 month expiration) 62

(Part # EWLS-R10-FW-STOCK) TPP - Firmware Maintenance - Trimble R10-2 (12 month expiration) 10

(Part # EWLS-TA-STOCK) TPP - Software Maintenance - Trimble Access (12 month expiration) 42

(Part # 53861) Carbon Fiber Range Pole - 2m Rod

(Part # 43169-20) Rod - 2.5m Carbon Fiber Telescopic Range Pole with

(Part # 101070-00-01) Trimble Geospatial Accessory

- Dual Battery Charger with power supply 14

(Part # 121351-01-1) Trimble Accessory - Hand Strap

(Part # 121340-01-1) Trimble TSC7 Accessory - Glass Screen Protector

(Part # 121320-01-1) Trimble Accessory - Rechargeable Battery 2-pack

(Part # 121354-01-1) Trimble Accessory - Carry Case Shoulder Bag

(Part # 121358-01-1) Trimble Accessory - External Ba

(Part # 5191-00) Topo Shoe, Prism Pole

(Part # 5114-02) Mount, Mag, Triple, SS, 5/8x11

(Part # TDC6-1-1100-00) TSC5 Pole Mount Bracket - 5 Pack

(Part # 89840-00) Trimble R10 Accessory - Rechargeable Battery

(Part # 115896-GEO) TSC5 Glass Screen Protector (Standard Ultra Clear) 1

(Part # 89845-00) Trimble R10 Accessory - Quick Release Adapter (0.05m) 17

(Part # 89846-00) Trimble R10 Accessory - Base Station Extension (0.15m) 6

(Part # FIP4-RTKPW) Lemo connector to SAE power connector 10 1/2" cable. 2

(Part # 128959-00) Tripod - Adjustable Height, 2m for GPS

(Part # 104980-01-1) Trimble Geospatial Accessory - 12V Vehicle Adapter 6

(Part # 121349-01-1) Trimble TSC7 Accessory - Pole Mount

(Part # SX12-HW-00) Instrument - Trimble SX12 1" Trimble SX12 1" Scanning Total Station 1

(Part # SX12-CFG-20) Configuration - Trimble SX12 - Standard and Laser Pointer 1

(Part # 99511-30)BPack, Li-Ion, NDUS, 3S2P, 10.8V, 6500mAHr, 124x74x24.8mm 1

(Part # 58020002) Prism - 360 Prism incl height adapter to standard rod, prism 1

(Part # 90550-PL) PRI.LBL STD Quick Clamp Tri.

(Part # 51003007) Rod - Trimble standard telescopic rod 2,6m

(Part # 123731-00-GEO) EM130 Radio Module

(Part # 121360-01-1) Trimble TSC7 Accessory - Hard Case

(Part # 63650-00) Trimble Business Center Survey Advanced - Network License 1

(Part # 63603-50) Add Scanning to Software Key License

(Part # 5198-52) Bracket, ATV TSC7/Ranger7

(Part # 400PXRTK-VLKT) RTK Bridge®-X Kit with 4G LTE modem

VERIZON - UHF 1

(Part # FIP4-400ANT-MBKT-LTE) UHF & LTE Cellular Mobile Antenna Kit 1

(Part # 51871-10-30) Antenna Whip - 5DB, 410-430 MHZ PDL450

(Part # 64451-00) NMO-to-TNC Adapter Cable (9 ft)

(Part # 89854-00) Trimble R10 Accessory - UHF Radio Antenna with

SMA 11

(Part # FIP4-LTEANT-007) Cellular duck antenna for 4G LTE with right angle 1

(Part # FIP4-GPSL1-LTE) L1 GPS antenna and cable SMA(M) with 9 inch cable. 1

(Part # FIP4-WiFi-04) Duck style antenna, 2.4GHz, +2dBi gain, reverse polarity 6

(Part # TDC6-1-1100-00) TDC6: Android, 64B/64GB, GPS, BT/WiFi, Global WWAN, 1

(Part # 122338-GEO-BLK) Metal passive stylus with tether, screwdriver and 2 extra tips - 4

(Part # 120524-BLK-GEO-1) T100 Stylus and Tether (SINGLE)

(Part # 2070-002) Adapter, Plug, Tribrach

(Part # 129115) TDC650 Pole Bracket

(Part # 121951-01-GEO) TSC5 / TSC7 Quick Release Pole Mount Clamp with 8

(Part # 121952-01-GEO) TSC5 Pole Mount Bracket - 5 Pack

(Part # 120200-SUR) Li-35 Battery Pack

(Part # 125513-10-1) TDC6 Glass Screen Protector

(Part # XXX999) 400 - 512 MHz UHF Duck Antenna

(Part # 43169-30) Rod - 2.5m Carbon Fiber Telescopic Range Pole without 4

C.3 Delivery Requirements

C.3.1 Delivery shall be no later than 30 days after receipt of award and shall take place during regular business hours.

C.3.2 Delivery Point of Contact and Address:

C.3.2.1 Mike Cox

USDA, NRCS

6013 Lakeside Blvd Indianapolis, IN 46278

C.3.3 Regular business hours are Monday through Friday, 8:00 AM CT to 3:00 PM CT.

D Packaging and Marking

D.1 All products shall be packaged in a manner that prevents damage during shipping and there shall be no damage to product when delivered.

D.2 If product is damaged when delivered, it will not be accepted.

D.3 Any damage done by Vendor during delivery is responsibility of Vendor. Vendor will be required to repair or replace any damages at no additional cost to Government.

E Inspection and Acceptance

E.1 Inspection/Acceptance will be completed upon delivery of equipment at delivery location.

E.2 Inspection/Acceptance will be performed by delivery location point of contact.

F Performance

F.1.1 All equipment shall be delivered no later than 30 calendar days after receipt of award.

G Invoicing

G.1 Farm Production and Conservation (FPAC) Clauses

G.1.1 FPAC 4I-52.232-70 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE

PROCESSING PLATFORM (IPP)

(a) Invoices must be submitted electronically through U.S. Department of the Treasury’s Invoice Processing Platform System (IPP). Contractor must use IPP website (https://www.ipp.gov) for submitting invoices. Invoices submitted by means other than IPP will not be accepted unless Contracting Officer authorizes alternate procedures in writing.

(b) Under contract, the following document(s) are required to be submitted as attachment(s) to IPP invoice:

One (1) invoice for all equipment shall be submitted after equipment has been delivered to all locations.

In addition to information required by Federal Acquisition Regulation (FAR) 32.905(b) each invoice must contain a breakdown of the hours worked and total amount.

Invoices shall be submitted every two weeks, as work proceeds and in accordance with paragraph (i) of clause 52.212-4. Contractor shall submit information required by paragraph (g) of clause 52.212-4 with each invoice.

Invoices and supporting documentation shall be attached within IPP and shall not be submitted directly to Contracting Officer.

(End of Clause)

G.2 Payment

G.2.1 USDA pays for equipment in arrears (after equipment is received). No payments will be made prior to receipt of equipment.

G.2.2 Payment will be made after receipt of invoice or acceptance of equipment whichever is later. Payment will be made via Electronic Funds Transfer.

H Special Contract Requirements

I Provisions and Clauses

I.1 Farm Production and Conservation (FPAC) Provisions

I.1.1 FPAC 4I-52.233-70 Protests to the Agency An agency protest filed with the contracting officer shall be sent to the contracting officer’s mailing address or email address listed in the solicitation. The contractor should contact the contracting officer to verify the mailing or email address prior to delivering a protest.

The independent review of a contracting officer’s decision regarding a protest described at FAR 33.103(d)(4) is not available as an alternative to consideration of the protest by the contracting officer. An independent review is available only as an appeal of the contracting officer’s decision on a protest. An appeal must be filed within 10 calendar days of the protestor’s receipt of the contracting officer’s decision, otherwise the appeal will be deemed untimely and not considered.

The appeal must be directed to the Head of the Contracting Activity but sent to the contracting officer.

The protest must contain all of the elements required by FAR 33.103(d)(2). Failure to substantially comply with any of the requirements of FAR 33.103(d)(2) may be grounds for dismissal of the protest.

(End of Provision)

I.2 Agriculture Acquisition Regulation (AGAR) Clauses

I.2.1 452.204-70 Modification for Contract Closeout (DEVIATION JULY 2022) Upon contract closeout for contracts utilizing anything other than cost reimbursement (i.e., Simplified Acquisition Procedures (SAP), non-SAP, and/or not Firm Fixed Price): if unobligated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (CO) shall issue a unilateral modification for de-obligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The CO shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

Upon contract closeout for contracts utilizing SAP: if unobligated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for de-obligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The CO may also request a “Contractor Release of Claims” be completed by the contractor, although not required for contracts and orders using SAP procedures.) If the bilateral modification and Release of Claims are not returned to the CO within 60 days, the CO shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

Upon contract closeout for contracts utilizing anything other than cost reimbursement (i.e.,non-SAP and/or not FFP): if unobligated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for de-obligation. The contractor will receive a copy of the modification and a “Contractor Release of Claims” and will be required to provide a signature on both forms. If the bilateral modification and Release of Claims are not returned to the CO within 120 days, the CO shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(End of Clause)

I.3 FAR Clauses and Provisions

I.3.1 FAR Clauses By Reference

I.3.1.1 52.204-13 System for Award Management Maintenance (Oct 2018)

I.3.1.2 52.204-18 Commercial Entity Code Maintenance (Aug 2020)

I.3.1.3 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (Dec 2022)

I.3.1.4 52.232-40 Providing Accelerated Payments to Small Business Contractors (Nov 2021)

I.3.1.5 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services (MAY 2024)

(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 Covered Entities (Dec 2023) (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 with Inverted Domesti Corporations (Nov 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31

U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C.

3509)).

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

(4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

_x_ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

(6) [Reserved].

(7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

(8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

(9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

(10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) (Pub. L. 115–390, title II).

(11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) (Pub. L. 115–390, title II).

(ii) Alternate I (Dec 2023) of 52.204–30.

_x_ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).

(13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

(14) [Reserved].

(15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C.

657a).

(16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C.

657a).

(17) [Reserved]

_x_ (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

(ii) Alternate I (Mar 2020) of 52.219-6.

(19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

(ii) Alternate I (Mar 2020) of 52.219-7.

_x_ (20) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)).

(21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (15 U.S.C. 637(d)(4)).

(ii) Alternate I (Nov 2016) of 52.219-9.

(iii) Alternate II (Nov 2016) of 52.219-9.

(iv) Alternate III (Jun 2020) of 52.219-9.

(v) Alternate IV (Sep 2023) of 52.219-9.

(22) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

(ii) Alternate I (Mar 2020) of 52.219-13.

(23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637s).

(24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C.

637(d)(4)(F)(i)).

(25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran- Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).

(26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Feb 2024) (15 U.S.C.

632(a)(2)).

(ii) Alternate I (Mar 2020) of 52.219-28.

(27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

(28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C.

637(m)).

(29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

(30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).

_x_ (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_x_ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024).

_x_ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_x_ (34)(i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

(35)(i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(ii) Alternate I (Jul 2014) of 52.222-35.

_x_ (36)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(ii) Alternate I (Jul 2014) of 52.222-36.

(37) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

_x_ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec2010) (E.O. 13496).

_x_ (39)(i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O.

13627).

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

(40) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

(41)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available offthe-shelf items.)

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

(42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (May2024) (42 U.S.C. 7671, et seq.).

(43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May2024) (42 U.S.C. 7671, et seq.).

(44) 52.223-20, Aerosols (May2024) (42 U.S.C. 7671, et seq.).

(45) 52.223-21, Foams (May2024) (42 U.S.C. 7671, et seq.).

(46) 52.223-23, Sustainable Products and Services (May2024) (E.O. 14057, 7 U.S.C 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

(47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

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

(48) (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83).

(ii) Alternate I (Oct 2022) of 52.225-1.

(49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C.

chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109- 53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

(ii) Alternate I [Reserved].

(iii) Alternate II (Dec 2022) of 52.225-3.

(iv) Alternate III (Feb 2024) of 52.225-3.

(v) Alternate IV (Oct 2022) of 52.225-3.

(50) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_x_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

(54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) ( 42 U.S.C. 5150).

(55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) ( E.O. 13513).

(56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

(57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

(58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

_x_ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).

(60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

(61) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).

(62) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).

(63) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)).

(64) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

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

(iii) Alternate II (Nov 2021) of 52.247-64.

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

(1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter67).

(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) ( 29 U.S.C. 206 and

U.S.C. chapter 67).

(3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

(4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

(5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).

(6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C. chapter 67).

(7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

(8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

(9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C.

1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

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

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

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

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712).

(iii)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)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(v) 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).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

(vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(Dec 2023) ( Pub. L. 115–390, title II).

(B) Alternate I (Dec 2023) of 52.204–30.

(viii) 52.219-8, Utilization of Small Business Concerns (Feb 2024) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(x) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).

(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xvi) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O 13627).

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

(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).

(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C. chapter 67).

(xix) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

(xxii) (A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

I.3.1.6 52.252-2 Clauses Incorporated By Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Acquisition.gov

(End of clause)

I.3.2 Provisions

I.3.2.1 Provisions by Reference I.3.2.1.1 52.204-7 System for Award Management (Oct 2018)

I.3.2.1.2 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020)

I.3.2.1.3 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Nov2023)

I.3.2.1.4 52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (Dec 2022)

I.3.2.1.5 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 Items. 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 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_25

(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) Representation. The Offeror represents that—

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

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

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

(e) Disclosures.

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

(i) For covered equipment— https://www.sam.gov/

(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)

I.3.2.2 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020)

(f) 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.

(g) 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".

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

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

(End of provision)

I.3.2.3 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by…