Sol_1305M324Q0018.pdf

COMBINED SYNOPSIS/SOLICITATION

Non-personal Lawn Maintenance Services for the National Weather Service (NWS) located in Amarillo, Texas

(i) This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

(ii) The solicitation number and a statement that the solicitation is issued as a request for quotation (RFQ). Submit written quotes on RFQ #1305M324Q0018.

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular Federal Acquisition Circular 2024-01 (NOV 2023) (Deviation 2024-03)

(OCT 2023).

(iv) This solicitation is being issued as a total Small Business Set-Aside. The associated NAICS code is 561730. The small business size standard is $19.5 million.

(v) This combined solicitation/synopsis is for the following commercial services:

CLIN 0001 Base year - Services, non-personal, to include all equipment, labor and materials (unless otherwise provided herein) necessary to perform groundskeeping and lawn maintenance services at the National Weather Service Office in Amarillo, TX, in accordance with the Statement of Work. Qty 12 months @ $__________per month $___________total for year

CLIN 1001 Option year 1 - Services, non-personal, to include all equipment, labor and materials (unless otherwise provided herein) necessary to perform groundskeeping and lawn maintenance services at the National Weather Service Office in Amarillo, TX, in accordance with the Statement of Work. Qty 12 months @ $__________per month $___________total for year

CLIN 1002 Option year 2 - Services, non-personal, to include all equipment, labor and materials (unless otherwise provided herein) necessary to perform groundskeeping and lawn maintenance services at the National Weather Service Office in Amarillo, TX, in accordance with the Statement of Work. Qty 12 months @ $__________per month $___________total for year

CLIN 1003 Option year 3 - Services, non-personal, to include all equipment, labor and materials (unless otherwise provided herein) necessary to perform groundskeeping and lawn maintenance services at the National Weather Service Office in Amarillo, TX, in accordance with the Statement of Work. Qty 12 months @ $__________per month $___________total for year

CLIN 1004 Option year - Services, non-personal, to include all equipment, labor and materials (unless otherwise provided herein) necessary to perform groundskeeping and lawn maintenance services at the National Weather Service Office in Amarillo, TX, in accordance with the Statement of Work. Qty 12 months @ $__________per month $___________total for year

(vi) Description of requirements is as follows:

https://www.acquisition.gov/far/part-12#FAR_Subpart_12_6

See attached Statement of Work which applies to Base Year and all Option Years 1 – 4, and Department of Labor Wage Rates: WD 2015-5213, Revision No. 22, dated 06/30/2023, which can be found on:

https://sam.gov/content/wage-determinations

(vii) Date(s) and place(s) of delivery and acceptance:

Period of performance shall be:

Base Year for a twelve month period 01/06/2024 through 01/05/2025.

Option Period 1 for a twelve month period 01/06/2025 through 01/05/2026.

Option Period 2 for a twelve month period 01/06/2026 through 01/05/2027.

Option Period 3 for a twelve month period 01/06/2027 through 01/05/2028.

Option Period 4 for a twelve month period 01/06/2028 through 01/05/2029.

Place of Performance is 1900English Road, Amarillo, TX 79108.

(viii) FAR provision 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services (Sept 2023), applies to this acquisition and can be found on the Request for Quote form SF18 #1305M324Q0018.

(ix) FAR provision 52.212-2, Evaluation-Commercial Products and Commercial Services (Nov 2021), applies to this acquisition and can be found on the Request for Quote form SF18 #1305M324Q0018.

(x) FAR provision 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services (Nov 2023), applies to this acquisition and can be found on the Request for Quote form SF18 #1305M324Q0018. Offerors are advised to include a completed copy of the provision with its offer.

(xi) FAR clause at 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023), applies to this acquisition and can be found on the Request for Quote form SF18 #1305M324Q0018.

(xii) FAR clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Nov 2023), applies to this acquisition apply can be found in full text on the Request for Quote form SF18 #1305M324Q0018.

(xiii) Any additional contract requirement(s) or terms and conditions that apply can be found on the Request for Quote form SF18 #1305M324Q0018.

(xiv) A statement regarding the Defense Priorities and Allocations System (DPAS) and assigned rating does not apply.

(xv) Quotes are required to be received in the contracting office no later than 2:00 pm MST/MDT on December 12, 2023. The email address is diana.romero@noaa.gov.

(xvi) Any questions regarding this solicitation should be directed to Diana Romero at diana.romero@noaa.gov or 303-579-9265.

https://www.acquisition.gov/far/part-52#FAR_52_212_1 https://www.acquisition.gov/far/part-52#FAR_52_212_2 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_212_4 https://www.acquisition.gov/far/part-52#FAR_52_212_5 mailto:diana.romero@noaa.gov mailto:diana.romero@noaa.gov

1305M324Q0018

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

12/05/2023 142020-24-0006

1 75

325 BROADWAY, SOU6

BOULDER CO 80305

WAD-SAP

01/06/2024

AMARILLO WFO TEXAS

1900 ENGLISH ROAD

AMARILLO

TX 79107

303 578-9265DIANA ROMERO

12/12/2023

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

NOTICE TO OFFERORS: Instructions for submitting quotations under this request for quote must be followed. Failure to provide all information to aid in the evaluation may be considered non-responsive. Offers that are non-responsive may be excluded from further evaluation and rejected without further notification to the offeror.

1. Submit PDF or Microsoft Word format quotations to the office specified in this solicitation at or before the time specified in the solicitation. Email quotes are required and can be sent to Diana.romero@noaa.gov.

2. Contractor shall have an active registration Continued ...

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 75

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

1305M324Q0018 in the System for Award Management (SAM found at https://sam.gov/content/home) in order to provide a quote and be eligible for award. Must provide their UEID/CAGE CODE with their quote.

3. Vendors shall assume that the Government has no prior knowledge of them or their capability.

4. Vendors must provide all items requested in

FAR 52.212-2. Vendors who do not provide all evaluation criteria will not be accepted.

1. Technical Approach and Capability.

The vendor’s overall technical approach will be evaluated to assess the Government's level of confidence in the vendor’s understanding of, approach to, and ability to successfully perform the requirements as described in the Statement of

Work. Provide a detailed description of the company’s experience performing similar services.

A detailed technical approach write-up describing how the contractor will perform this service is required to be submitted with the quote regardless of whether a site visit was made or not. The technical approach write-up must not be a reiteration of the Statement of Work but how your company plans on performing the tasks listed in the attached Statement of Work. i.e.

performance checklists, anticipated number of janitors, anticipated hours at the facility and/or confirmation of supplies being provided, etc.

2. Past Performance. The vendor's past performance on related contracts will be evaluated to determine, as appropriate, successful performance of contract requirements, quality and timeliness of delivery of goods and services, cost management, communications between contracting parties, proactive management and customer satisfaction. The Government will use its discretion to determine the sources of past performance information used in the evaluation, and the information may be obtained from references provided by the vendor, the agency’s knowledge of contractor performance, other government agencies or commercial entities, or past performance databases, and will be based on responsiveness, quality, and customer services.

Quote shall include at least two references for similar and relevant services including the phone number, full address, and e-mail address.

Continued ...

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

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 75

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

1305M324Q0018

Vendors lacking relevant past performance history, or for whom past performance information is either not available or has not been submitted to the Government, will receive a neutral rating for past performance.

3. Price. The quoted prices will be evaluated but not scored. The Government will evaluate the price quote for completeness and reasonableness in relation to the RFQ requirements. Quoted prices must be entirely compatible with the

Non-Price Technical Solution.

Period of Performance: 01/06/2024 to 01/05/2025

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

1305M324Q0018 BASE

Section II - Supplies or Services and Price/Costs Section III - Description/Specifications Section IX - Contract Clauses Section X - List of Attachments

Section II - Supplies or Services and Price/Costs

CLIN List

Item Number Description Quantity Unit Unit Price Amount

Base Year - Services, non-personal, to include all equipment, labor and materials (unless otherwise provided herein) necessary to perform groundskeeping and lawn maintenance services at the National Weather Service Office in Amarillo, TX, in accordance with the Statement of Work.

Qty 12 months @ $__________per month $___________total for year Period of Performance: 1/06/2024 - 01/05/2025 Award Type: Firm-fixed-price Product/Service Code: S208 Requisition No: 142020-24-0006

Option Year 1 - Services, non-personal, to include all equipment, labor and materials (unless otherwise provided herein) necessary to perform groundskeeping and lawn maintenance services at the National Weather Service Office in Amarillo, TX, in accordance with the Statement of Work.

Qty 12 months @ $__________per month $___________total for year Period of Performance: 1/06/2025 - 1/05/2026 Award Type: Firm-fixed-price

(Option Line Item)

Anticipated Exercise Date: 12/06/2024 Product/Service Code: S208

Option Year 2 - Services, non-personal, to include all equipment, labor and materials (unless otherwise provided herein) necessary to perform groundskeeping and lawn maintenance services at the National Weather Service Office in Amarillo, TX, in accordance with the Statement of Work.

Qty 12 months @ $__________per month $___________total for year Period of Performance: 01/06/2026 - 01/05/2027

Item Number Description Quantity Unit Unit Price Amount

Award Type: Firm-fixed-price

(Option Line Item)

Anticipated Exercise Date: 12/05/2025 Product/Service Code: S208

Option Year 3 - Services, non-personal, to include all equipment, labor and materials (unless otherwise provided herein) necessary to perform groundskeeping and lawn maintenance services at the National Weather Service Office in Amarillo, TX, in accordance with the Statement of Work.

Qty 12 months @ $__________per month $___________total for year Period of Performance: 1/06/2027 - 1/05/2028 Award Type: Firm-fixed-price

(Option Line Item)

Anticipated Exercise Date: 12/06/2026 Product/Service Code: S208

Option Year 4 - Services, non-personal, to include all equipment, labor and materials (unless otherwise provided herein) necessary to perform groundskeeping and lawn maintenance services at the National Weather Service Office in Amarillo, TX, in accordance with the Statement of Work.

Qty 12 months @ $__________per month $___________total for year Period of Performance: 1/06/2028 - 1/05/2029 Award Type: Firm-fixed-price

(Option Line Item)

Anticipated Exercise Date: 12/06/2027 Product/Service Code: S208

Section III - Description/Specifications

STATEMENT OF WORK

Landscaping/Lawn Care

1. The contractor shall be responsible for satisfactorily managing and performing programs for cleaning as specified herein at the following location:

National Weather Service Office 1900 English Road Amarillo, TX 79108

2. Primary Responsibility

Michael J. Gittinger, Meteorologist in Charge (MIC*) - * (The official is referred to throughout the Specifications as the “MIC)”.

David Wilburn – Electronic Systems Analyst (Alternate Contact) Deborah Hill – Administrative Assistant (Alternate Contact)

If any of the services do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount or the price of the contract may be reduced to reflect the reduced value of services performed. If the defects in services are not corrected by re-performance, the Government may require the Contractor to take necessary action to ensure that future performance conforms to contract requirements.

3. Legal Requirements and Permits

The vendor must procure and maintain at his/her expense, all necessary permits and licenses for the conduct of operations under any order resulting from this Request for Quotation, and hereby agrees to comply with all applicable municipal, State and Federal regulations. This includes Title 7, Chapter 6, Section 136 of the United States Code, Insecticides and Environmental Pesticide Control. All personnel handling pesticides or herbicides will be certified and licensed in the state in which the work is to be performed. All pesticides and/or herbicides will be authorized/approved for use by each state in which the work is to be performed. The offeror must include with the offer package, certification or license for any and all employees that will be handling or applying pesticides in performance of this Statement of Work to be considered for award.

4. Supervisor and Labor.

The Contractor shall promptly remove from the work site any supervisor or employee whose work or conduct is not satisfactory to the MIC. The Contractor’s supervisor shall be in charge of the work on behalf of the Contractor. The Contractor shall enforce strict discipline and good order among the Contractor’s employees. The Contractor shall exercise the necessary supervision and control to prevent Contractor’s employees from violating any rules and regulations.

5. Conduct of Work

The Contractor should bring any noted defect, disease or insect infestation of the grounds to the attention of the MIC or designate and services under this contract must be performed in such a way that there will be no interruption to, interference with, the normal operation of Government business on the premises.

6. Schedule and Requirements

Mowing will take place per the following schedule or on an as needed basis as directed by the MIC. The hours approved for these services are 8:00am to 9:00pm. Monday through Friday are highly preferred, however on occasion due to weather or other considerations Saturday’s and Sunday’s are permissible.

a) Once a week during – April, May, June, July, August, September and October

b) Every two weeks during – March, November, December

c) Once a month during – January and February

d) Fertilizer once per month during the following months: February, May, August and October

e) Chemical Weed Control once per month during the following months: March and June

f) Property is divided into 2 mowing areas (see attached map). Area A is mowed weekly, area B is mowed every month on the first week of the month.

7. Description of Services

The Contractor will be responsible for satisfactorily managing and performing exterior landscape maintenance services at the National Weather Service located at 1900 English Road, Amarillo, TX 79108. Exterior grounds consist of lawns, native grass areas, gravel, plant beds, parking lot, walks, driveways and curb. The Contractor must provide all labor, tools, equipment, supervision, herbicides, transportation and any other or services necessary, to maintain the landscaping and grounds in such a manner to present a neat and well-maintained appearance.

All products used are to be environmentally friendly and a list and Material Safety Data Sheets (MSDS) of these products will be supplied to the MIC for approval. The products are to be non-toxic, biodegradable, and made from renewable sources (not petroleum) to promote a healthy and green environment when possible.

The MSDS must be provided by the contractor to the MIC or Administrative Assistant (ASA) where the information will be kept on file in accordance with applicable guidelines of the OSHA Hazard Communications Standard. Requirements pertaining to recordkeeping will be strictly followed, with copy(s) provided to MIC as necessary and upon request.

MAINTAIN IMPROVED/SEMI-IMPROVED GROUNDS

a. Mow - Improved, Semi-Improved Grounds and Native Grassed Areas. Grass cutting of all lawn areas must be completed as per schedule. Grass clippings must be removed or mulched when visible after mowing in approved areas. All improved and semi-improved grounds and native grassed areas must look well-manicured at all times. See attached map.

b. Edging - Sidewalks, driveways curbs and other concrete or asphalt edges located in the improved/semi-improved grounds must be concurrent with mowing per schedule. Edging will include removal of vegetation from cracks in sidewalks, driveways, and curbs.

c. Grass/Weed Trimming - Grass and weeds must be trimmed around trees, shrubs, buildings, fences, poles, posts, fire hydrants, parking lot bumper blocks, boulders, road shoulders and other fixed obstacles concurrent with mowing schedule. Damage to trees and shrubs from trimming must be repaired by the contractor.

d. Remove Debris/Police Grounds - The Contractor must perform general litter patrol on all grounds.

Responsibilities will include, but will not be limited to, the removal and disposal of all natural debris (tree limbs, dry brush, rodent habitats, dead animals, etc) and manmade debris. All grass clippings must be properly removed and disposed of offsite. Sidewalks and paved areas must be cleaned of all lawn clippings after each mowing. Parking Lots/areas, walks, curb-gutter, sidewalks and concrete flat-work must be kept debris free (includes bark debris, dust and dirt). With the debris properly removed and disposed of offsite. Removal of debris and policing of grounds will be concurrent with mowing schedule.

e. Application of Fertilizer - The Contractor must apply an effective fertilizer on all lawns, shrubs, plants and ground cover per Schedule. All fertilizers must be applied in accordance with manufacturer’s instructions.

f. Trimming and Pruning - The Contractor must maintain a neat and well-maintained appearance of all plants, shrubs, and trees, by proper pruning, clipping, pinching back and shape maintenance. This should take place once a year, in February.

g. Weed Control - The Contractor must keep all lawns (includes semi-improved and native grassed areas), shrub beds, ground-cover beds, flower beds, graveled areas and all other adjacent areas free of weeds at all times. Any herbicides must be applied by certified or licensed personnel. This should take place two (2) times a year, once in March and again in June.

h. Disease/Insect Control – The contractor must provide appropriate treatment to control any noted defect disease or insect infestation within Area A on map.

8. Invoicing - The vendor will bill on a monthly basis in arrears. The vendor will complete a service ticket and have the ticket signed by the site manager on completion of each site visit. All pertinent copies of completed forms shall accompany monthly invoices.

9. Site Visit -

a. Contact (name, phone #, email) that will be conducting the visit.

Michael Gittinger 806-318-2911 mike.gittinger@noaa.gov David Wilburn 806-318-4834 david.wilburn@noaa.gov

b. Hours and times for site visit:

Monday thru Friday 8:00am-3:00pm (Recommend calling in advance to make sure Michael and/or David is available)

10. OBSERVANCE OF LEGAL HOLIDAYS AND SITE CLOSURE INFORMATION

The Contractor hereby agrees to observe the following Federal holidays, plus any other day off work designated by Federal Statute, by Executive Order, or by Presidential proclamation:

New Year's Day Labor Day Martin Luther King’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Juneteenth Day Christmas Day mailto:mike.gittinger@noaa.gov mailto:david.wilburn@noaa.gov

Independence Day

When any holiday falls on a Saturday, the preceding Friday is observed; when any holiday falls on a Sunday, the following Monday is observed. All personnel assigned to this contract shall limit their observation of holidays to those set forth above.

In each instance, the Contractor agrees to continue to provide sufficient personnel to perform requirements of any critical tasks already in operation or scheduled, and shall be guided by the instructions issued by the Contracting Officer or the MIC. In the event of a site dismissal or closure due to weather, emergency or other circumstances, the contractor is instructed to contact the MIC or Alternate MIC for guidance.

11. REPAIR OF SPRINKER SYSTEMS AND ELECTRICAL LIGHT FIXTURES

The Contractor hereby agrees to repair any and all damage done to the sprinkler system and lighting fixtures through their fault. This is to include replacing sprinkler heads, control valves and boxes, PVC piping connected to any and all sprinklers, control boxes and shut-off valves. Lighting includes repair and/or replacing lighting fixtures, light sensors and any/all wiring necessary to repair to original configuration.

End of statement of work

Section IX - Contract Clauses

Clauses Incorporated by Reference Clause Number Clause Title

52.204-7 System for Award Management. (OCT 2018)

52.204-9 Personal Identity Verification of Contractor Personnel.

(JAN 2011)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021)

52.212-1 Instructions to Offerors - Commercial Products and Commercial Services. (SEP 2023)

52.217-9 Option To Extend the Term of the Contract. (MAR 2000)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013)

52.223-3 Hazardous Material Identification and Material Safety Data. (FEB 2021)

52.223-5 Pollution Prevention and Right-to-Know Information.

(MAY 2011)

52.223-10 Waste Reduction Program. (MAY 2011) 52.232-18 Availability of Funds. (APR 1984)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation. (APR 1984)

1352.201-70 Contracting Officer's Authority. (MAR 2010) 1352.209-73 Compliance with the laws. (APR 2010) 1352.209-74 Organizational conflict of interest. (APR 2010)

1 UTILIZATION OF FEDCONNECT® FOR CONTRACT ADMINISTRATION

The Department of Commerce will utilize the FedConnect® web portal in administering this award. The contractor must be registered in FedConnect® and have access to the FedConnect® website located at https://www.fedconnect.net/Fedconnect/. For assistance in registering or for other FedConnect® questions please call the FedConnect® Help Desk at (800) 899-6665 or email at support@fedconnect.net. There is no charge for registration in or use of FedConnect®.

(End)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services.

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

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to-

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to-

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

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

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

(d) Representations. The Offeror represents that-

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

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

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

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

(i) For covered equipment-

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

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

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

(ii) For covered services-

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

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

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

(i) For covered equipment-

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

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

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

(ii) For covered services-

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

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

(End of provision)

52.204-26 Covered Telecommunications Equipment or Services-Representation. (OCT 2020)

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

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

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

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

(End of provision)

52.208-9 Contractor Use of Mandatory Sources of Supply or Services. (MAY 2014)

(a) Certain supplies or services to be provided under this contract for use by the Government are required by law to be obtained from nonprofit agencies participating in the program operated by the Committee for Purchase From People Who Are Blind or Severely Disabled (the Committee) under 41 U.S.C. 8504. Additionally, certain of these supplies are available from the Defense Logistics Agency (DLA), the General Services Administration (GSA), or the Department of Veterans Affairs (VA). The Contractor shall obtain mandatory supplies or services to be provided for Government use under this contract from the specific sources indicated in the contract schedule.

(b) The Contractor shall immediately notify the Contracting Officer if a mandatory source is unable to provide the supplies or services by the time required, or if the quality of supplies or services provided by the mandatory source is unsatisfactory. The Contractor shall not purchase the supplies or services from other sources until the Contracting Officer has notified the Contractor that the Committee or an AbilityOne central nonprofit agency has authorized purchase from other sources.

(c) Price and delivery information for the mandatory supplies is available from the Contracting Officer for the supplies obtained through the DLA/GSA/VA distribution facilities. For mandatory supplies or services that are not available from DLA/GSA/VA, price and delivery information is available from the appropriate central nonprofit agency. Payments shall be made directly to the source making delivery. Points of contact for AbilityOne central nonprofit agencies are:

(1) National Industries for the Blind, 1310 Braddock Place, Alexandria, VA 22314-1691,

(703) 310-0500; and

(2) NISH, 8401 Old Courthouse Road, Vienna, VA 22182, (571) 226-4660.

(End of clause)

52.212-2 Evaluation - Commercial Products and Commercial Services. (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Vendors who do not provide all evaluation criteria will not be accepted. This will be awarded as a trade-off.

1. Technical Approach and Capability.

The vendor’s overall technical approach will be evaluated to assess the Government's level of confidence in the vendor’s understanding of, approach to, and ability to successfully perform the requirements as described in the Statement of Work. Provide a detailed description of the company’s experience performing similar services. A detailed technical approach write-up describing how the contractor will perform this service is required to be submitted with the quote regardless of whether a site visit was made or not. The technical approach write-up must not be a reiteration of the Statement of Work but how your company plans on performing the tasks listed in the attached Statement of Work. i.e. performance checklists, anticipated number of janitors, anticipated hours at the facility and/or confirmation of supplies being provided, etc.

2. Past Performance. The vendor's past performance on related contracts will be evaluated to determine, as appropriate, successful performance of contract requirements, quality and timeliness of delivery of goods and services, cost management, communications between contracting parties, proactive management and customer satisfaction. The Government will use its discretion to determine the sources of past performance information used in the evaluation, and the information may be obtained from references provided by the vendor, the agency’s knowledge of contractor performance, other government agencies or commercial entities, or past performance databases, and will be based on responsiveness, quality, and customer services. Quote shall include at least two references for similar and relevant services including the phone number, full address, and e-mail address.

Vendors lacking relevant past performance history, or for whom past performance information is either not available or has not been submitted to the Government, will receive a neutral rating for past performance.

3. Price.

(Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.)

Technical and past performance, when combined, are [ ] (Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.)

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

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

(End of provision)

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

(NOV 2023)

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

(a) Definitions. As used in this provision-

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

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

Forced or indentured child labor means all work or service-

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

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

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror.

No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology-

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

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

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

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern-

(1) Means a small business concern-

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

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

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

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

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

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

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

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

(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned…