Sol_140A2321Q0436_Amd_0001.pdf
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(x)
140A2321Q0436 x x copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE
RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR
OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
x
A23
Albuquerque NM 87104 Suite 352A 1011 Indian School Rd.
Indian Education Acquisition Office
06/26/20210001
13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
FACILITY CODE CODE
10B. DATED (SEE ITEM 13)
10A. MODIFICATION OF CONTRACT/ORDER NO.
9B. DATED (SEE ITEM 11)
9A. AMENDMENT OF SOLICITATION NO.
CODE
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)
7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY
PAGE OF PAGES
4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)
1. CONTRACT ID CODE
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
06/26/2021
CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).
E. IMPORTANT: Contractor is not is required to sign this document and return __________________ copies to the issuing office.
ORDER NO. IN ITEM 10A.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
AMN: 0001 FOR SOLICITATION 140A2321Q0436
CHANGE SET-ASIDE TO 100% SMALL BUSINESS SET-ASIDE FROM 100% NATIVE AMERICAN SET ASIDE.
SOLICITATION 140A2321Q0436 IS 100% NATIVE AMERICAN SET ASIDE
This is a combined synopsis/solicitation for commercial items 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; quotes are being requested and a written solicitation will not be issued.
This is a request for quote (RFQ in accordance with FAR part 12, Commercial Items and FAR part 13, Simplified Acquisition Procedures, Continued ...
16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)
15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED
(Signature of person authorized to sign) (Signature of Contracting Officer)
Brandon Walker
STANDARD FORM 30 (REV. 11/2016)
Prescribed by GSA FAR (48 CFR) 53.243
Previous edition unusable
Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
2 18
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
140A2321Q0436/0001
NAICS 326191
SB Size Standard 500 Employees
Place of Performance Sherman Indian High School
Magnolia Ave
Riverside, CA 92503
1. CONTRACT TYPE
The Department of the Interior (DOI), Bureau of
Indian Education (BIE), Division of Acquisitions anticipates awarding a single ¿Firm Fixed
Priced.¿ type ¿Purchase Order.¿ for ¿Portable
Bathrooms¿ in support of ¿BIE Central¿ as a result of this opportunity.
2. PERIOD OF PERFORMANCE (POP)
8/1/2021
3. PRICING SUMMARY
Attachment 1, pricings schedule. Request pricing for the base plus each option year, plus a total quoted price.
4. POINTS OF CONTACT (POC)
Contracting Officer (CO) Contract Specialist (CS) Mary Jane Johnson
U.S. Department of the Interior
Bureau of Indian Education
Division of Acquisitions
1011 Indian School Rd NW
Albuquerque, NM 87104
Phone: 505-803-4259
Email:MaryJane.Johnson@BIA.Gov Gertrude Bryant U.S. Department of the Interior
Bureau of Indian Education
Division of Acquisitions
1011 Indian School Rd NW
Albuquerque, NM 87104
Phone:901-568-4147
Email:Gertrude.Bryant@BIA.Gov
Contracting Officer Representative
(COR) Contractor Point of Contact
To be added after award Name Phone
Etc
SECTION C ¿ CONTRACT CLAUSES
1. FEDERAL ACQUISITION REGULATION (FAR) CLAUSES
Continued ...
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Sponsored by GSA
FAR (48 CFR) 53.110
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(A) (B) (C) (D) (E) (F)
140A2321Q0436/0001
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 address:
www.acquisition.gov.
(End of clause)
CLAUSES INCORPORATED BY REFERENCE
CLAUSE Title Date
52.203-13 Contractor Code Business Ethics and
Conduct APR 2010
52.204-13 System for Award Management
Maintenance OCT 2018
52.212-4 Contract Terms and Conditions ¿
Commercial Items OCT 2018
Clauses Incorporated by full text
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive
Orders-Commercial Items (Jan 2021)
(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 items:
(1) 52.203-19, Prohibition on
Requiring Certain Internal Confidentiality
Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and
Further Continuing Appropriations Act, 2015 (Pub.
L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on
Contracting for Hardware, Software, and Services
Developed or Provided by Kaspersky Lab and Other
Covered Entities (Jul 2018) (Section 1634 of Pub.
Continued ...
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REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
140A2321Q0436/0001
L. 115-91).
(3) 52.204-25, Prohibition on
Contracting for Certain Telecommunications and
Video Surveillance Services or Equipment. (Aug
2020) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on
Contracting with Inverted Domestic Corporations
(Nov 2015).
(5) 52.233-3, Protest After Award (Aug
1996) (31 U.S.C. 3553).
(6) 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 items:
[Contracting Officer check as appropriate.]
__ (1) 52.203-6, Restrictions on
Subcontractor Sales to the Government (June
2020), with Alternate I (Oct 1995) (41 U.S.C.
4704 and 10 U.S.C. 2402).
__ (2) 52.203-13, Contractor Code of
Business Ethics and Conduct (Jun 2020) (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) 52.204-10, Reporting Executive
Compensation and First-Tier Subcontract Awards
(Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
__ (5) [Reserved].
__ (6) 52.204-14, Service Contract
Reporting Requirements (Oct 2016) (Pub. L.
111-117, section 743 of Div. C).
__ (7) 52.204-15, Service Contract
Reporting Requirements for Indefinite-Delivery
Contracts (Oct 2016) (Pub. L. 111-117, section
743 of Div. C).
__ (8) 52.209-6, Protecting the
Government¿s Interest When Subcontracting with
Contractors Debarred, Suspended, or Proposed for
Debarment. (Jun 2020) (31 U.S.C. 6101 note).
__ (9) 52.209-9, Updates of Publicly
Continued ...
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(A) (B) (C) (D) (E) (F)
140A2321Q0436/0001
Available Information Regarding Responsibility
Matters (Oct 2018) (41 U.S.C. 2313).
__ (10) [Reserved].
__ (11)
(i) 52.219-3, Notice of HUBZone Set-Aside or
Sole-Source Award (Mar 2020) (15 U.S.C. 657a).
__ (ii) Alternate I (Mar 2020) of 52.219-3.
__ (12)
(i) 52.219-4, Notice of Price Evaluation
Preference for HUBZone Small Business Concerns
(Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer)
(15 U.S.C. 657a).
__ (ii) Alternate I (Mar 2020) of 52.219-4.
__ (13) [Reserved]
_x_ (14) (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.
__ (15)
(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.
__ (16) 52.219-8, Utilization of
Small Business Concerns (Oct 2018) (15 U.S.C.
637(d)(2) and (3)).
__ (17)
(i) 52.219-9, Small Business Subcontracting Plan
(Jun 2020) (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 (Jun 2020) of 52.219-9
__ (18)
(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.
__ (19) 52.219-14, Limitations on
Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).
__ (20) 52.219-16, Liquidated
Damages-Subcontracting Plan (Jan 1999) (15 U.S.C.
Continued ...
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(A) (B) (C) (D) (E) (F)
140A2321Q0436/0001
637(d)(4)(F)(i)).
__ (21) 52.219-27, Notice of
Service-Disabled Veteran-Owned Small Business
Set-Aside (Mar 2020) (15 U.S.C. 657f).
__ (22)
(i) 52.219-28, Post Award Small Business Program
Rerepresentation (Nov 2020) (15 U.S.C. 632(a)(2)).
__ (ii) Alternate I (MAR 2020) of 52.219-28.
__ (23) 52.219-29, Notice of
Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small
Business Concerns (Mar 2020) (15 U.S.C. 637(m)).
__ (24) 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
(Mar2020) (15 U.S.C. 637(m)).
__ (25) 52.219-32, Orders Issued
Directly Under Small Business Reserves (Mar 2020)
(15 U.S.C. 644(r)).
__ (26) 52.219-33, Nonmanufacturer
Rule (Mar 2020) (15U.S.C. 637(a)(17)).
_x_ (27) 52.222-3, Convict Labor (Jun
2003) (E.O.11755).
_x_ (28) 52.222-19, Child
Labor-Cooperation with Authorities and Remedies
(Jan2020) (E.O.13126).
_x_ (29) 52.222-21, Prohibition of
Segregated Facilities (Apr 2015).
_x_ (30)
(i) 52.222-26, Equal Opportunity (Sep 2016)
(E.O.11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
x__ (31)
(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_ (32)
(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.
__ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
__ (34) 52.222-40, Notification of
Employee Rights Under the National Labor
Relations Act (Dec 2010) (E.O. 13496).
Continued ...
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140A2321Q0436/0001
__ (35)
(i) 52.222-50, Combating Trafficking in Persons
(Oct 2020) (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).
__ (36) 52.222-54, Employment
Eligibility Verification (Oct 2015). (Executive
Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
__ (37)
(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 off-the-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.)
__ (38) 52.223-11, Ozone-Depleting
Substances and High Global Warming Potential
Hydrofluorocarbons (Jun 2016) (E.O. 13693).
__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration
Equipment and Air Conditioners (Jun 2016) (E.O.
13693).
__ (40)
(i) 52.223-13, Acquisition of EPEAT®-Registered
Imaging Equipment (Jun 2014) (E.O.s 13423 and
13514).
__ (ii) Alternate I (Oct 2015) of 52.223-13.
__ (41)
(i) 52.223-14, Acquisition of EPEAT®-Registered
Televisions (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun2014) of 52.223-14.
__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42
U.S.C. 8259b).
__ (43)
(i) 52.223-16, Acquisition of EPEAT®-Registered
Personal Computer Products (Oct 2015) (E.O.s
13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-16.
__ (44) 52.223-18, Encouraging
Continued ...
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Contractor Policies to Ban Text Messaging While
Driving (Jun 2020) (E.O. 13513).
__ (45) 52.223-20, Aerosols (Jun
2016) (E.O. 13693).
__ (46) 52.223-21, Foams (Jun2016)
(E.O. 13693).
__ (47)
(i) 52.224-3 Privacy Training (Jan 2017) (5
U.S.C. 552 a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
_x_ (48) 52.225-1, Buy
American-Supplies (Jan2021) (41 U.S.C. chapter
83).
__ (49)
(i) 52.225-3, Buy American-Free Trade
Agreements-Israeli Trade Act (Jan 2021)(41
U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C.
2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 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 (Jan 2021) of 52.225-3.
__ (iii) Alternate II (Jan
2021) of 52.225-3.
__ (iv) Alternate III (Jan
2021) of 52.225-3.
__ (50) 52.225-5, Trade Agreements
(Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C.
3301 note).
__ (51) 52.225-13, Restrictions on
Certain Foreign Purchases (Jun 2008) (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. 2302Note).
__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C.
5150).
__ (54) 52.226-5, Restrictions on
Subcontracting Outside Disaster or Emergency Area
(Nov2007) (42 U.S.C. 5150).
__ (55) 52.229-12, Tax on Certain
Foreign Procurements (Jun 2020).
__ (56) 52.232-29, Terms for
Continued ...
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140A2321Q0436/0001
Financing of Purchases of Commercial Items (Feb
2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
__ (57) 52.232-30, Installment
Payments for Commercial Items (Jan 2017) (41
U.S.C. 4505, 10 U.S.C. 2307(f)).
_x_ (58) 52.232-33, Payment by
Electronic Funds Transfer-System for Award
Management (Oct2018) (31 U.S.C. 3332).
__ (59) 52.232-34, Payment by
Electronic Funds Transfer-Other than System for
Award Management (Jul 2013) (31 U.S.C. 3332).
__ (60) 52.232-36, Payment by Third
Party (May 2014) (31 U.S.C. 3332).
__ (61) 52.239-1, Privacy or Security
Safeguards (Aug 1996) (5 U.S.C. 552a).
__ (62) 52.242-5, Payments to Small
Business Subcontractors (Jan 2017) (15 U.S.C.
637(d)(13)).
__ (63)
(i) 52.247-64, Preference for Privately Owned
U.S.-Flag Commercial Vessels (Feb 2006) (46
U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
__ (iii) Alternate II (Feb
2006) 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 items:
[Contracting Officer check as appropriate.]
__ (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 41 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
Continued ...
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140A2321Q0436/0001
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).
_x_ (7) 52.222-55, Minimum Wages
Under Executive Order 13658 (Nov 2020).
__ (8) 52.222-62, Paid Sick Leave
Under Executive Order 13706 (Jan 2017) (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
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(A) (B) (C) (D) (E) (F)
140A2321Q0436/0001 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 items. 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 (Jun 2020) (41 U.S.C.
3509).
(ii) 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)).
(iii) 52.204-23, Prohibition on
Contracting for Hardware, Software, and Services
Developed or Provided by Kaspersky Lab and Other
Covered Entities (Jul 2018) (Section 1634 of Pub.
L. 115-91).
(iv) 52.204-25, Prohibition on
Contracting for Certain Telecommunications and
Video Surveillance Services or Equipment. (Aug
2020) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of
Small Business Concerns (Oct 2018) (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.
(vi) 52.222-21, Prohibition of
Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal
Opportunity (Sep 2015) (E.O.11246).
(viii) 52.222-35, Equal
Continued ...
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Opportunity for Veterans (Jun 2020) (38 U.S.C.
4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29
U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
(xi) 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.
(xii) 52.222-41, Service Contract
Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
(xiii)
(A) 52.222-50, Combating Trafficking in Persons
(Oct 2020) (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).
(xiv) 52.222-51, Exemption from
Application of the Service Contract Labor
Standards to Contracts for Maintenance, Calibration, or Repair of Certain
Equipment-Requirements (May2014) (41 U.S.C.
chapter 67).
(xv) 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).
(xvi) 52.222-54, Employment
Eligibility Verification (Oct 2015) (E.O. 12989).
(xvii) 52.222-55, Minimum Wages
Under Executive Order 13658 (Nov 2020).
(xviii) 52.222-62, Paid Sick
Leave Under Executive Order 13706 (Jan 2017)
(E.O. 13706).
(xix)
(A) 52.224-3, Privacy Training (Jan 2017) (5
U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xx) 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. 2302 Note).
(xxi) 52.226-6, Promoting Excess
Food Donation to Nonprofit Organizations (Jun
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2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause
52.226-6.
(xxii) 52.247-64, Preference for
Privately Owned U.S.-Flag Commercial Vessels (Feb
2006) (46 U.S.C. Appx. 1241(b) 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 items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
2. DEPARTMENT OF THE INTERIOR ACQUISTION
REGULUATION (DIAR) CLAUSES
BUY INDIAN CLAUSES (Reference) 1452.226-70 Indian
Preference.
1452.226-71 Indian Preference Program.
1452.280-1 Notice of Indian small business economic enterprise set-aside.
1452.280-2 Notice of Indian economic enterprise set-aside.
1452.280-3 Subcontracting limitations.
1480.102 Buy Indian Act acquisition regulations.
1452.280-4 Indian economic enterprise representation.
As prescribed in 1480.801(a), insert the following provision in each written solicitation for supplies, services, or covered construction:
Indian Economic Enterprise Representation (JUL
2013)
The offeror represents as part of its offer that it [ ] does [X] does not meet the definition of
Indian economic enterprise as defined in
1480.201. [End of provision
3. CUSTOM CLAUSES
Electronic Invoicing and Payment Requirements -
Invoice Processing Platform (IPP) (April 2013)
Payment requests must be submitted electronically through the U. S. Department of the Treasury's
Internet Payment Platform System (IPP).
"Payment request" means any request for contract financing payment or invoice payment by the
Contractor. To constitute a proper invoice, the
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140A2321Q0436/0001 payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract. The IPP website address is: https://www.ipp.gov. Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:
Under this contract, the following documents are required to be submitted as an attachment to the
IPP invoice
a. Upload contractor¿s itemized invoices as attachments into IPP.
b. The Contractor shall submit an itemized invoice(s) in pdf format to the Contracting
Officer and the Contracting Officer's
Representative (COR) or AQM_COR.
c. Invoice approval: Written Progress Report to validate the work was performed or goods were received, completed, and accepted by the
Contracting Officer's Representative (COR) or
AQM_COR.
The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government
Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within
3 - 5 business days of the contract award date.
Contractor assistance with enrollment can be obtained by contacting the IPP Production
Helpdesk via email ippgroup@bos.frb.org or phone
(866) 973-3131.
If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.
(End of Local Clause)
SECTION E ¿ SOLICITATION PROVISIONS
1. FEDERAL ACQUISITION REGULATION (FAR) PROVISIONS
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52.252-1 Solicitation Provisions Incorporated by
Reference (Feb 1998)
This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address: www.acquisition.gov.
(End of provision)
FAR 52.204-7 System for Award Management (Oct
2018)
As prescribed in 4.2105(a), insert the following provision:
Representation Regarding Certain
Telecommunications and Video Surveillance
Services or Equipment (Oct 2020)
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.
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(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
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(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for
Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".
(d) Representation. The Offeror represents that¿
(1) It ¿ will, ¿ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The
Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the
Offeror represents that¿
It ¿ does, ¿ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services.
The Offeror shall provide the additional disclosure information required at paragraph
(e)(2) of this section if the Offeror responds
"does" in paragraph (d)(2) of this section.
(e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the
Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment¿
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered
(include brand; model number, such as OEM number, Continued ...
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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 onded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part
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NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
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