Sol_140FS323Q0082.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

FS3

Falls Church VA 22041 5275 Leesburg Pike FWS SAT Team 3 FWS SAT Team 3

0008349993 CODE 16. ADMINISTERED BYCODE

X

X

115310

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORFS3

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

05/12/2023 1400 ED

05/01/2023

413-253-8738Fred Riley (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140FS323Q0082

5. SOLICITATION NUMBER

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

1 34 0040611608OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

ERROL NH 03579-0240

P.O. BOX 240

FWS UMBAGOG NWR

15. DELIVER TO

Falls Church VA 22041 5275 Leesburg Pike FWS SAT Team 3

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$11.5

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

FWS SAT Team 3

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Pre-Commercial Thinning-FWS UMBAGOG NWR Tech POC: Thomas LaPointe (603) 331-1940 Alt POC: Paul Casey (603) 482-3415 Contract POC: Fred Riley at Fred_riley@fws.gov Delivery: 03/31/2024

00010 Pre-Commercial Thinning (timber operatio

Period of Performance: 08/01/2023 to 03/31/2024 Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Fred Riley

. 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 FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

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:

REF.

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. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

34 2 of

DOCUMENT NUMBER

140FS323Q0082

DOCUMENT TITLE

Pre-Commercial Thinning- Umbagog NWR

Umbagog NWR Pre- Commercial Thinning

Bid Schedule Base Year

Description Qty Unit Price (per acre)

Total

1.

Pre-Commercial Thinning

Total $

Option Year 1 Description Qty Unit Price Total 1.

Option Year 2

1.

Option Year 3

1.

UMBAGOG NWR PCT – SCOPE OF WORK

Scope:

The United States Fish and Wildlife Service (FWS) will be contracting services to reduce fuel loading and enhance wildlife habitat in young spruce-fir forests on Umbagog National Wildlife Refuge, located in Errol, NH.

The contractor shall provide all personnel, equipment, tools, materials, supervision, training, operating supplies, and services to implement the project.

The Contractor may use hand tools, wheeled or tracked equipment or a combination of both to achieve spacing requirements. Wheeled and tracked equipment will only be permitted when suitable ground conditions allow, and if spacing requirements can be achieved. Some locations may not be suitable for wheeled and tracked equipment and will likely necessitate hand tools if ground is not frozen.

Work to be performed across approximately 200 acres. More land may be added if time and funding are available.

These tasks are to be accomplished within the limits of the quantities awarded under the contract. The contractor shall perform to the standards in the contract Clauses, Provisions and this SOW. The quantities of work authorized are listed in the contract Line Items. Quantities are not to be exceeded without prior approval and funding by the Contracting Officer. Government is not obligated to pay for quantities performed that exceed the authorized amounts.

All work is contingent upon fund availability and other logistical and timing constraints to be determined by FWS, consequently total contract amount may not encompass entire acreage described. Contractor is to submit a per acre bid price.

Location: The project area is located in the towns of Errol and Cambridge, Coos County, New Hampshire and is accessible by Mollidgewock Rd off of NH Route 26, and also Greenough Pond Rd. off of Route 16. The project boundary encompasses approximately 200 acres.

At the discretion of the Refuge Forester, the successful bidder may be requested to remove additional trees from Umbagog NWR during the term of the project.

Performance schedule: For hand thinning, the work may commence on August 1st, 2023 and must be completed no later than December 31st, 2023. For wheeled or tracked equipment, the work may commence on September 1st, 2023 and must be completed by March 31st, 2024, subject to suitable frozen or dry site conditions at the discretion of the Refuge Forester. In addition, the Government may exercise three (3) option years with the same scope of services.

Base Year- Contract award- March 31, 2024 Option year 1- April 1, 2024- March 31, 2025 Option Year 2- April 1, 2025- March 31, 2026 Option Year 3- April 1, 2026- March 31, 2027

Description of work: The successful vendor will cut and drop non-commercial trees within a spruce-fir forest across approximately 200 acres. Currently there are on average 2,000 stems per acre ranging in size between 1- 4 inches in diameter. Trees will be removed to leave residual trees spaced approximately 8 feet apart, which is approximately 680 trees per acre. Removal of trees will follow a species hierarchy dictated by the Refuge

Forester. The successful bidder must be able to identify trees to the species level and follow a detailed map of the project area.

In some cases these stems are too large for the use of a brush saw. Please note that chainsaw use will be required in some portions of the 200 acre project area. All trees cut will be left on site.

Ingress & Egress: The Refuge agrees to permit the successful bidder access to the project site hereinafter described for the purpose of cutting non-commercial trees.

Cutting: All trees shall be sawed or cut down as near the ground as swell of roots, defects, and growth habit will permit. In general, stumps should be less than 12” high.

In some locations within the project area, trees are larger than is traditionally encountered during precommercial thinning projects. The successful bidder should consider that brush saws are likely to be ineffective throughout some of the project area; chainsaws are thought to be the better tool.

Wheeled and tracked equipment will be considered if they can achieve spacing requirements.

Performance evaluation meetings: Prior to commencing work, the successful bidder and any proposed subcontractors shall meet with the Refuge Forester to discuss and develop mutual understanding relative to scheduling and administering the work. Access issues will be finalized at this time.

The successful bidder shall meet with the Refuge Forester weekly after operations begin. Thereafter, the meetings shall be as often as necessary at the discretion of the Refuge Forester, but no less than monthly. A mutual effort shall be made to resolve all problems identified. The successful bidder shall state in writing to the Refuge Forester any areas of disagreement. Upon written receipt of the successful bidder’s written statement, the Refuge Forester shall meet with the Successful bidder to resolve the issue(s) of disagreement.

Supervision: The successful bidder shall furnish all labor, lodging, materials, equipment, transportation, supplies, and supervision necessary to cut the trees within the project area. The successful bidder shall provide a competent foreman or supervisor on the project area at all times when work is being conducted under the contract, with full authority to implement daily work activities.

The foreman or supervisor must be conversant in English, particularly with respect to scientific-terms associated with forest management. The foreman must have experience using a handheld digital device to navigate to locations on the ground. He/She will be expected to follow a digitally-produced, spatially-explicit map outlining treatment areas as small as a quarter acre (see attached example treatment unit map).

The Refuge Forester will also make visits to the site to ensure all conditions of the project are being carried out.

Fire Control: The Successful bidder shall both independently and in cooperation with the Government take all reasonable and practical action to prevent and suppress fires resulting from the Successful bidder’s operations and to suppress forest fires on the project area. Operations could be halted in the case of high or extreme fire danger determined by the Refuge Forester.

Damage of Government Property: In the event of damage, including damage by contamination, to any Government property by the Successful bidder, its officers, agents, servants, employees, subtenants, licensees or invitees, the Successful bidder, at the election of the Government, shall promptly repair, replace, clean-up, or provide monetary compensation for the repair, replacement, or clean-up of such property to the satisfaction of the Government. Some examples of structures and features constituting Government Property are culverts, bridges, water control structures, gates, signs, gravel roads, canals, ditches, and wetlands. This list is not intended to be exhaustive and damage to other Government property located within the project area but not listed herein is covered by this provision.

Intentional damage to residual trees will result in monetary compensation of no less than two times the current stumpage rate. Damage to residual trees should not exceed 10% of the residual stems; determination of damage will be assessed by the Refuge Forester. The Service realizes that some damage will occur during normal operations.

Citizenship: No employee or representative of the successful bidder shall be admitted to the project area unless the successful bidder can provide satisfactory proof that the person is a citizen of the United States or if an alien, the person’s residence within the United States is legal. The Successful bidder shall provide, in writing, and without cost to the Government all information concerning identification and citizenship of the employees as required by the Contracting Officer. The Immigration and Naturalization Service (INS) has the authority to enter Federal property, without delay and at reasonable times, to conduct routine citizenship investigations.

Inspection by Regulatory Agencies: Work performed under this contract is subject to inspection by local, state and Federal government regulatory agencies including those described below. State and federal occupational health and safety officials have the authority to enter Federal property, without delay, and at reasonable times, to conduct routine safety and health investigations. This authority extends to safety and health investigations based on reports of unsafe conditions.

Occupational Safety and Health Administration (OSHA) officials may also investigate accidents or illnesses involving the successful bidder’s employees. Inspections may also be carried out by the Department of Labor to inspect for compliance with labor laws. The Successful bidder shall cooperate with regulatory agencies and shall provide personnel to accompany the agency inspection or review teams. Successful bidder personnel shall be knowledgeable concerning the work being inspected and shall participate in responding to all requests for information, inspection or review findings by regulatory agencies.

Safety: All operations in connection with project hereunder shall be subject to such fire, safety, security, and other rules and regulations necessary for the protection of Government personnel and property as the Refuge Forester may from time to time prescribe. The successful bidder’s tree cutting operations shall conform to OSHA’s logging safety standards as prescribed in 29 CFR part 1910.266 Logging Operations, and hazardous communication standards in 29 CFR part 1910.1200. Copies of these safety standards may be obtained from the OSHA website at www.osha.gov .

Sanitation: Successful bidder shall not discard or otherwise dispose of litter on the property of the Refuge or any private property, into bodies of water or on ice of such waters, or upon any adjacent public way, and shall be responsible for off-site disposal of garbage and refuse generated by forest operations in a lawful manner. For purposes of this paragraph, litter means all waste materials, including bottles, cans, machine parts and equipment, junk, paper, garbage and similar refuse, but shall not include the wastes of the primary processes of tree felling, such as sawdust and slash.

Debris, rubbish, and unusable material resulting from the work under this agreement shall be disposed of daily by the successful bidder at the successful bidder’s expense.

Failure to Perform: If the successful bidder fails to perform the terms of this project, the Refuge official signing this permit shall give the successful bidder written notice stating the failure. Thereafter, regardless of any other provisions of this document, the successful bidder shall not be entitled to an equitable adjustment under this document, to the extent the equitable adjustments arise from the successful bidder’s failure to perform or from any reasonable remedial action taken by the Refuge official based on the failure. The failure of the Government to insist, in one or more instances, upon the performance of any term of this contract is not a waiver of the Government’s right to future performance of such term, and the successful bidder’s obligation for future performance of such term shall continue in effect. The successful bidder and its sureties shall be liable for any damage to the Government resulting from the successful bidder’s refusal or failure to perform any term of this contract, whether or not the successful bidder’s right to proceed with work is terminated.

http://www.osha.gov/

DOCUMENT TITLE

Pre-Commercial Thinning- Umbagog NWR

Drug Free Workplace: The Successful bidder acknowledges and certifies that it understands that the following acts by the Successful bidder, its employees, and/or agents performing services on Government property are prohibited: the unlawful manufacture, distribution, dispensing, possession or use of alcohol or other drugs; and any impairment or incapacitation from the use of alcohol or other drugs, except the use of drugs for legitimate medical purposes.

Indemnification: The Successful bidder will indemnify and save harmless the Refuge and their authorized agent from any and all claims and actions covering loss costs, expenses (including attorney and legal fees), and damages of every kind and description which may be brought or made against the Refuge or their agent on account of or in manner arising out of the work being done under this agreement, sustained by any person, firm or the Bidder’s agent, employee(s), contractor(s), or subcontractor(s).

The successful bidder shall carry Workers’ compensation and Public Liability Insurance in a company and in an amount satisfactory to the Refuge conditioned to protect the Successful bidder(s) or their agent(s), employee(s), contractor(s) from any loss, cost, damages or expenses in any way arising out of the work being done by the Successful bidder(s) or their agent(s), employee(s), contractor(s) or subcontractor(s) hereunder.

Insurance: The Successful bidder will be required to carry Public Liability and Workers’ Compensation Insurance and provide a copy of certificate of this coverage. At a minimum, the Successful bidder shall maintain liability coverage valued at no less than $1,000,000, and Workers’ compensation coverage as required by federal and state worker’s compensation and occupational disease statutes. This insurance must be maintained during the entire performance period. The successful bidder will provide the Refuge with proof of the operator’s liability and Workers’ compensation coverage.

Other Terms of this Agreement: The Successful bidder will notify the agent for the Refuge five days before starting on any portion of this project. Should operations cease for more than five (5) days during the period of this agreement, the successful bidder will notify the Refuge Forester five days before returning to operate any portion of this sale.

Any access to the project area by persons not directly associated with operations (visitors, media, family members, etc.) shall be by approval of the Refuge.

The successful bidder agrees to observe all restrictions and provisions of this agreement and to conform to the directions and instructions given by the Refuge Forester or their agent. The Refuge and their agent reserve the right to stop the project if the conditions of this agreement are not being observed.

The successful bidder agrees not to assign this agreement in whole or in part without the written consent of the Refuge or their agent.

The successful bidder assumes all liability for damages and suppression expenses if a forest fire occurs as a result of the tree cutting operations or because of carelessness of those involved in the harvesting.

Statutory Requirements: A copy of all permits, contracts, and certificates obtained or entered into by parties to this agreement shall be provided in a timely manner to the Refuge Forester. The successful bidder will be responsible for ensuring compliance with all tree cutting notification requirements, as required by the State of New Hampshire.

The successful bidder agrees to comply with all Federal and State Laws or regulations in the performance of this operation. The successful bidder agrees to indemnify and hold harmless the Refuge from any and all claims or demands which may be made against it by reason of the successful bidder’s operation or violation by the successful bidder of any laws or regulations governing said operation.

TABLE OF CONTENTS

G - Contract Administration Data

DOCUMENT TITLE

Pre-Commercial Thinning- Umbagog NWR

Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (April 2013) I - Contract Clauses

52.252-2 Clauses Incorporated by Reference. (FEB 1998) 52.204-7 System for Award Management. (OCT 2018) 52.204-13 System for Award Management Maintenance. (OCT 2018) 52.212-1 Instructions to Offerors - Commercial Items. (JUN 2020) 52.212-3 Offeror Representations and Certifications-Commercial Items. (NOV 2020) 52.212-4 Contract Terms and Conditions - Commercial Items. (OCT 2018) 52.223-1 Biobased Product Certification. (MAY 2012) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts. (AUG 2018) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. (JUN 2020) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (OCT 2020) 52.204-26 Covered Telecommunications Equipment or Services-Representation. (OCT 2020) 52.237-1 Site Visit. (APR 1984) 52.212-2 Evaluation - Commercial Items. (OCT 2014) 52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Items. (NOV 2020) 52.217-5 Evaluation of Options. (JUL 1990) 52.217-8 Option To Extend Services. (NOV 1999) 52.217-9 Option To Extend the Term of the Contract. (MAR 2000) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. (APR 1984) 52.252-5 Authorized Deviations in Provisions. (NOV 2020) 52.252-6 Authorized Deviations in Clauses. (NOV 2020) Green Acquisition

G - Contract Administration Data

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 Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. 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 [Contracting Officer to edit and include the documentation required under this contract]:

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 St. Louis (FRBSTL) 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 IPPCustomerSupport@fiscal.treasury.gov 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.

I - Contract Clauses

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 website: https://www.acquisition.gov/browse/index/far

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

52.204-13 System for Award Management Maintenance. (OCT 2018)

52.212-1 Instructions to Offerors - Commercial Items. (JUN 2020)

52.212-3 Offeror Representations and Certifications-Commercial Items. (NOV 2020)

52.212-4 Contract Terms and Conditions - Commercial Items. (OCT 2018)

52.223-1 Biobased Product Certification. (MAY 2012)

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

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts. (AUG 2018)

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. (JUN 2020)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013) https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov https://www.acquisition.gov/browse/index/far

52.204-24 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.

(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.

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

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

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

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

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

52.237-1 Site Visit. (APR 1984)

Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

52.212-2 Evaluation - Commercial Items. (OCT 2014)

(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: Price and past performance

Technical and past performance, when combined, are significantly more important 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.

52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee's employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor's employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Items. (NOV 2020)

(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. 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 (JUN 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.)

[X] (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).

[X] (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 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)

[ ] (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.

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).

[X] (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 (EDWOSB) 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 (MAR 2020) (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) (15 U.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 (JAN 2020) (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.

[ ] (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).

[X] (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). (E. O. 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 (JUN 2014) 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.

[X] (44) 52.223-18, Encouraging 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 (JUN 2016) (E.O. 13693).

[ ] (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[ ] (ii) Alternate I (JAN 2017) of 52.224-3.

[X] (48) 52.225-1, Buy American-Supplies (MAY 2014) (41 U.S.C. chapter 83).

[ ] (49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 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 (MAY 2014) of 52.225-3.

[ ] (iii) Alternate II (MAY 2014) of 52.225-3.

[ ] (iv) Alternate III (MAY 2014) 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).

[X] (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. 2302 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) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020).

[X] (56) 52.232-29, Terms for 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 (OCT 2018) (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.)

[X] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

Wage Determination Number 2015-4945, Revision 13, dated 05/12/2020

[X] (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).

Federal WG/GS Series, Grade, Hourly Rate is: Category 11150, Wage Grade 2, $19.53/hr

[ ] (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) (29 U.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).

[X] (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

[X] (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 and practices, and other data, regardless of type and regardless of form.