Sol_140G0222Q0088.pdf

140G0222Q0088

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

05/10/2022 0040575814

1 28

PO BOX 25046

204 DENVER FEDERAL CENTER

DENVER CO 80225-0046

USGS OAG DENVER ACQUISITION BRANCH

USGS CENTRAL MIDWEST WSC

1400 INDEPENDENCE RD MS 100

ROLLA

MO 65401

303 236-9318Irma Suryaty

05/24/2022 1200 ED

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Period of Performance: 06/09/2022 to 06/08/2027

OFFERORS RESPONDING TO THIS RFQ ARE EXCLUDED

FROM RESPONDING TO THE GSA EBUY RFQ1554521

ANNOUNCEMENT POSTED ON GSA EBUY WEBSITE

AND RESPONDING TO BOTH RFQS WILL RESULT

IN REJECTION OF THE OFFEROR'S QUOTES.

BLANKET PURCHASE AGREEMENT (BPA)

FIRM-FIXED-PRICE (FFP)

FIVE-YEAR PERIOD (06/09/2022 - 06/08/2027)

NOT TO EXCEED $350,000.00

FUNDING WILL BE AVAILABLE AT THE CALL ORDER

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 28

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

140G0222Q0088

00010 SERVICE, NON-PERSONAL, TO PROVIDE ALL

EQUIPMENT, SUPERVISION, LABOR, AND MATERIALS

(UNLESS OTHERWISE PROVIDED HEREIN)

NECESSARY TO PROVIDE PHYTOPLANKTON

(WITH PICOPLANKTON) ANALYSES IN ACCORDANCE WITH

THE ATTACHED STATEMENT OF WORK.

Product/Service Code: F999

Product/Service Description: OTHER ENVIRONMENTAL

SERVICES

00020 SERVICE, NON-PERSONAL, TO PROVIDE ALL

EQUIPMENT, SUPERVISION, LABOR, AND MATERIALS

(UNLESS OTHERWISE PROVIDED HEREIN)

NECESSARY TO PROVIDE PERIPHYTON

(WITH PICOPLANKTON) ANALYSES IN ACCORDANCE WITH

THE ATTACHED STATEMENT OF WORK.

Product/Service Code: F999

Product/Service Description: OTHER ENVIRONMENTAL

SERVICES

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

Request for Quote (RFQ) 140G0222Q0088

TABLE OF CONTENTS

STATEMENT OF WORK

PROPOSED BLANKET PURCHASE AGREEMENT (BPA) TERMS AND CONDITIONS

52.202-1 DEFINITIONS (JUN 2020)

52.203-7 ANTI-KICKBACK PROCEDURES (JUN 2020)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS (JUN 2020)

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

COMMERCIAL ITEMS (JAN 2022)

52.216-18 ORDERING (AUG 2020)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

GS0339 GREEN ACQUISITION (JUL 2018)

GS0912 EFFECTIVE PERIODS OF BPA (JUL 2001)

GS0919 LEGAL HOLIDAY (JUN 2021)

GS1131 UNILATERAL DEOBLIGATION OF UNEXPENDED FUNDS (MAY 2013)

GS1364 NON-PERSONAL SERVICES AND SUPERVISION OF CONTRACTOR (SEP 2017)

GS1405 DUPLICATION AND DISCLOSURE OF CONFIDENTIAL DATA (JUL 2001)

GS1439 AUTHORIZED CALLERS (APR 2022)

PAYMENT INSTRUCTIONS

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS - INVOICE PROCESSING PLATFORM (IPP) (APRIL 2013)

PROVISIONS

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT (NOV 2021)

52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR

TRANSACTIONS RELATING TO IRAN—REPRESENTATION AND CERTIFICATION (JUN 2020)

52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL

CONTRACTORS (OCT 2021) (DEVIATION)

52.233-2 SERVICE OF PROTEST (SEP 2006)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

QUOTE PREPARATION INSTRUCTION

BASIS OF AWARD

ATTACHMENT (A) PRICING SCHEDULE

STATEMENT OF WORK

I. GENERAL INFORMATION

A. Introduction The Central Midwest Water Science Center (CMWSC) has a requirement for periphyton and water sample phytoplankton identification and analysis services related to the Next Generation Water Observing Systems’ (NGWOS) Harmful Algal Bloom (HAB) Algal Community element. Specifically, this element requires the identification and enumeration of periphyton and phytoplankton samples preserved with glutaraldehyde from the Illinois River.

B. Background Phytoplankton (drifting algae) and periphyton (benthic algae) are a major source of primary production in aquatic systems and can be significant contributors to the food web in large river systems. However, under certain conditions specific species can produce toxins that are harmful to both wildlife and people. Toxin production has been occurring more frequently in many freshwater ecosystems, but the occurrence of toxin producing species and drivers of toxin production are not well understood, especially in rivers. The Illinois River has experienced several toxic algal blooms in recent years and there is ongoing work by USGS and partners to investigate the drivers of these occurrences.

C. Scope CMWSC requires species identification and enumeration of taxa and picoplankton in the Illinois River from 50 glutaraldehyde preserved phytoplankton and 45 periphyton samples per year over the next five years. We require a trained and experienced taxonomist using research-grade compound microscopy that includes an analysis of the picoplankton community, estimates of species biovolume, volume, and surface area, and reports diversity indices and summary statistics. Identification should include permanent archival slide mounting of soft algae that maintains fluorescence and permanent Naphrax slides for periphyton diatoms identification. We expect that the organism will be identified to the lowest possible taxonomic level. The ability to provide picoplankton analysis of the submitted glutaraldehyde preserved periphyton and phytoplankton samples without the necessity of submitting separate samples is necessary.

The taxonomist should have experience identifying and enumerating periphyton and phytoplankton samples using the most current references, keys, and publications.

Previous experience working with riverine phytoplankton and periphyton (especially within the Illinois River region and watershed) is preferrable.

II. WORK REQUIREMENTS

A. Technical Requirements

1. The identification and enumeration of taxa in 50 glutaraldehyde preserved phytoplankton and 45 periphyton samples per year for a five-year period is required with permanent archival mounts of soft algae that retain fluorescence and permanent Naphrax slides for periphyton diatoms is required. For each sample the vendor shall furnish the complete dataset that includes

• Identification of each sample to the lowest possible taxonomic level including analysis of picoplankton community

• Taxa abundance

• Taxa biovolume estimates

• Estimates of species volume

• Estimates of species surface area

• Diversity indices

• Summary statistics

2. All datasets must be submitted in digital format with appropriate metadata documentation to Heather Krempa Hydrologist US Geological Survey Central Midwest WCS 401 NW Capital Drive Lee’s Summit, MO 64081

B. Special Considerations

A chain of custody for each sample should be maintained and documented. All samples and archival slides should be available to the CMWSC upon the completion of the call order if requested.

Additional Information:

The USGS requesting species identification and enumeration of preserved periphyton and phytoplankton samples by an experienced taxonomist using compound microscopy that includes estimates of biovolume, volume, and surface area. Identification should include permanent archival slide mounting for identification.

PROPOSED BLANKET PURCHASE AGREEMENT (BPA) TERMS AND CONDITIONS

This Request for Quote (RFQ) is for a single-award Blanket Purchase Agreement (BPA) Firm-Fixed- Price (FFP) for Phytoplankton and Periphyton Analyses Services. The intended period of performance is June 9, 2022, through June 8, 2027. The maximum order limit of this BPA will be $325,000.00 over the Five-Year term.

Note:

A BPA is not a contract. The Government is not obligated to place orders and the vendor is not obligated to accept orders. A BPA can be cancelled by either party at any time. BPAs are not enforceable against either party. An enforceable contract exists only when the Government places a call against the BPA and the vendor accepts that call.

The BPA Terms and Conditions will be included in the awarded BPA and shall be accepted by Contractor at time of award.

1. In accordance with Federal Acquisition Regulation (FAR) 8.405-3, Blanket Purchase Agreements (BPAs) in conjunction with FAR Part 13 Simplified Acquisition Procedures, the Contractor agrees to the following terms of a BPA exclusively with, United States Geological Survey (USGS) Central Midwest (WSC), in Rolla, Missouri.

2. Call orders under this Blanket Purchase Agreement will be issued on a call-order basis and with the specific technical requirements, delivery schedule, deliverables required for the requirements. Only duly authorized USGS Contracting Officers will place call orders against the BPA for order above $2,500.00 Per Transaction and authorized individuals for Micro-Purchase Charge Card orders up to $2,500.00 Per Transaction.

3. The Government estimates, but does not guarantee, that the volume of purchases through this agreement will be $325,000.00 over the five-year term period.

4. This BPA does not obligate any funds. Funds will be obligated on the individual BPA calls.

5. This Single Award BPA FFP expires on June 8, 2027.

6. Unless otherwise agreed to, upon completion of all services under this BPA, vendor shall submit an itemized invoice with the following information as a minimum:

1. Contractor’s Business Name

2. Contractor’s Contact Name

3. Contractor’s Full Address (street number, street name, city, state, zip code)

4. Contractor’s Phone Number

5. BPA Number

6. Call Number

7. Date of Call/Order of supply or service ordered/delivered

8. Itemized list of supplies or services furnished (quantity, unit price, and extension of each item less any applicable discount and total amount of shipment).

7. Invoices shall be submitted to the address specified within the call order transmission issued against this BPA.

8. The terms and conditions included in this BPA apply to all purchases made pursuant to it. In the event of an inconsistency between the provisions of this BPA and the Contractor's invoice, the provisions of this BPA will take precedence. This BPA is issued under the terms and conditions set forth under FAR Part 8 and FAR Part 13. Additional clause(s) may apply (see USGS’s Supplemental Terms and Conditions below).

9. The Government may cancel the BPA at any time by notifying the Contractor Team Lead at least thirty

(30) days in advance. BPA cancellation does not release the Contractor from the duty to continue Call orders performance. Ongoing orders continue in accordance with their own period of performance, even if the BPA is cancelled. Termination procedures for Call orders are addressed in the underlying schedule contract.

10. Offerors responding to this RFQ are excluded from responding to the GSA eBuy RFQ1554521 announcement posted on GSA eBuy website and responding to both RFQs will result in rejection of the offeror’s quotes.

52.202-1 DEFINITIONS (JUN 2020)

When an RFQ provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the RFQ was issued, unless-

(a) The RFQ, or amended RFQ, provides a different definition;

(b) The contracting parties agree to a different definition;

(c) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning;

(d) The word or term is defined in FAR part 31, for use in the cost principles and procedures; or

(e) The word or term defines an acquisition-related threshold, and if the threshold is adjusted for inflation as set forth in FAR 1.109(a), then the changed threshold applies throughout the remaining term of the contract, unless there is a subsequent threshold adjustment; see FAR 1.109(d).

52.203-7 ANTI-KICKBACK PROCEDURES (JUN 2020)

(a) Definitions.

Kickback, as used in this clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided to any prime Contractor, prime Contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract.

Person, as used in this clause, means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual.

Prime contract, as used in this clause, means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind.

Prime Contractor as used in this clause, means a person who has entered into a prime contract with the United States.

Prime Contractor employee, as used in this clause, means any officer, partner, employee, or agent of a prime Contractor.

Subcontract, as used in this clause, means a contract or contractual action entered into by a prime Contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract.

Subcontractor, as used in this clause, (1) means any person, other than the prime Contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract, and (2) includes any person who offers to furnish or furnishes general supplies to the prime Contractor or a higher tier subcontractor.

Subcontractor employee, as used in this clause, means any officer, partner, employee, or agent of a subcontractor.

(b) 41 U.S.C. chapter 87, Kickbacks, prohibits any person from-

(1) Providing or attempting to provide or offering to provide any kickback;

(2) Soliciting, accepting, or attempting to accept any kickback; or

(3) Including, directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor.

(c) (1) The Contractor shall have in place and follow reasonable procedures designed to prevent and detect possible violations described in paragraph (b) of this clause in its own operations and direct business relationships.

(2) When the Contractor has reasonable grounds to believe that a violation described in paragraph

(b) of this clause may have occurred, the Contractor shall promptly report in writing the possible violation. Such reports shall be made to the inspector general of the contracting agency, the head of the contracting agency if the agency does not have an inspector general, or the Attorney General.

(3) The Contractor shall cooperate fully with any Federal agency investigating a possible violation described in paragraph (b) of this clause.

(4) The Contracting Officer may (i) offset the amount of the kickback against any monies owed by the United States under the prime contract and/or (ii) direct that the Prime Contractor withhold from sums owed a subcontractor under the prime contract the amount of the kickback. The Contracting Officer may order that monies withheld under subdivision (c)(4)(ii) of this clause be paid over to the Government unless the Government has already offset those monies under subdivision (c)(4)(i) of this clause. In either case, the Prime Contractor shall notify the Contracting Officer when the monies are withheld.

(5) The Contractor agrees to incorporate the substance of this clause, including this paragraph (c)(5) but excepting paragraph (c)(1) of this clause, in all subcontracts under this contract that exceed the threshold specified in Federal Acquisition Regulation 3.502-2(i) on the date of subcontract award.

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT

TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (JUN 2020)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C.

4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and Federal Acquisition Regulation (FAR) 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section FAR 3.908.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2022)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

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

(4) 52.209-10, Prohibition on Contracting 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 products and commercial services:

☒ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

☐(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

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

☒ (4) 52.204-10, 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. (Nov 2021) (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) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) (15 U.S.C. 657a).

☐(12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

☐(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 (Nov 2021) (15 U.S.C. 637(d)(4)).

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

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

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

☐(v) Alternate IV (Sep 2021) 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 (Sep 2021) (15 U.S.C. 637s).

☐(20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

☐(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) (15 U.S.C. 657f).

☒ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) (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 (Sep 2021) (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 (Sep 2021) (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 (Sep 2021) (15U.S.C. 637(a)(17)).

☒ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

☐(28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022) (E.O.13126).

☒ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

☒ (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.

☐(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).

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

13627).

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

☐36) 52.222-54, Employment Eligibility Verification (Nov 2021) . (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

☐(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 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.

☐(48) 52.225-1, Buy American-Supplies (Nov 2021) (41 U.S.C. chapter 83).

☐(49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 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 (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

☐(52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 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 (Feb 2021).

☐(56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

☐(57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

☒ (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 (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

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

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

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

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

☐(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 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 Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

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

☒ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) ☒ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

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

1792).

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

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

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

Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

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

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

(ii) 52.203-19, 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 (Nov 2021) (Section 1634 of Pub. L. 115-91).

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

(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).

(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 (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).

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

(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 (Nov 2021) (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 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 (Nov 2021) (46 U.S.C.

55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247- 64.

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

52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this BPA shall be ordered by issuance of call orders by the individuals or activities designated in the Schedule. Such orders may be issued from June 09, 2022, through June 08, 2027.

(b) All call orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or call order and this contract, the contract shall control.

(c) A call order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or call order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or call order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.204-13 System for Award Management Maintenance. (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.204-19 Incorporated by Reference of Representations and Certifications (DEC 2014) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporation (NOV 2015) 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services

(OCT 2021)

52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (NOV 2021) 52.233-1 Disputes (MAY 2014) 52.242-15 Stop Work Order (AUG 1989)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(a) The use in this RFQ or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this RFQ or contract of any 48 CFR, Chapter 14, Department of the Interior Acquisition Regulation clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

GS0339 GREEN ACQUISITION (JUL 2018)

The USGS is committed to promoting the natural environment and protecting the health and well-being of people. In the performance of work under this contract, the Contractor shall exert its best efforts to provide services in a manner that will promote the natural environment and protect health and well-being.

Green purchasing or environmentally preferable contracting includes the initiatives described below:

Alternative Fuels and Vehicles are described at http://www.afdc.energy.gov/afdc/

Biobased Products are described at http://www.biopreferred.gov/

Energy efficient products are described at http://energystar.gov/products for Energy Star products and at http://www.eere.energy.gov/femp/procurement for FEMP designated products.

Environmentally Preferable Computers are described at http://www.epeat.net Significant New Alternatives Program (SNAP) are described at http://www.epa.gov/snap/overview-snap

The Comprehensive Procurement Guidelines promote the use of recovered and recycled products at https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program

Water efficient products and services are described at https://www.epa.gov/watersense

GS0912 EFFECTIVE PERIODS OF BPA (JUL 2001)

The term of the basic and contract option periods as follows:

June 9, 2022 through June 8, 2027.

GS0919 LEGAL HOLIDAY (JUN 2021)

The following legal holidays are observed by this Government agency:

New Year's Day January 01 Martin Luther King's Birthday 3rd Monday in January Presidents Day 3rd Monday in February Memorial Day Last Monday in May Juneteenth June 19 Independence Day July 04 Labor Day 1st Monday in September Columbus Day 2nd Monday in October https://www.epa.gov/watersense

Veterans Day November 11 Thanksgiving Day 4th Thursday in November Christmas Day December 25

When a holiday falls on Saturday or Sunday, it is observed on the adjacent Friday or Monday, respectively.

In addition to the holidays listed above, the contractor agrees to observe leave days or closures designated by Federal Statute, Executive Order, or Presidential Proclamation.

GS1131 UNILATERAL DEOBLIGATION OF UNEXPENDED FUNDS (MAY 2013)

The contractor shall submit all invoices under the award no later than 90 calendar days after the period of performance has expired, unless a request for extension has been submitted to the Contracting Officer.

After 120 days has passed since the expiration of the performance period, the government reserves the right to issue a unilateral modification deobligating any unexpended funds, and to initiate closeout procedures.

GS1364 NON-PERSONAL SERVICES AND SUPERVISION OF CONTRACTOR (SEP 2017)

Nonpersonal Services and Supervision of Contractor’s Employees This contract is a “nonpersonal services contract” as defined in FAR 37.101. It is therefore, understood and agreed that the contractor and/or the contractor’s employees:

Shall perform the services specified herein as independent contractors, not as employees of the government;

Shall request clarification in writing from the Contracting Officer if the Contractor finds it necessary with respect to the scope of services to be performed or the manner in which the services are to be performed hereunder;

Shall be responsible for their own management and administration of the work required and bear sole responsibility for complying with any and all technical, schedule, or financial requirements or constraints attendant to the performance of this contract;

Shall be free from supervision, direction or control by any government employee with respect to the manner or method of performance of the services specified; but Shall comply with such general direction of the Contracting Officer (or the duly authorized representative) pursuant to the government’s right and obligation to inspect, accept or reject the work as is necessary to ensure accomplishment of the contract objectives.

Shall not be at any time during the contract period employees of the U.S. Government.

The contractor's employees and subcontractors must make clear, in dealings with the public, federal employees, or other contractors that they are not federal employees. To minimize possible confusion, contractors and subcontractors are not permitted to wear clothing or other items (apart from official identity credential) bearing the name, logo, or seal of the U.S. Geological Survey while performing work under this contract.

GS1405 DUPLICATION AND DISCLOSURE OF CONFIDENTIAL DATA (JUL 2001)

(a) Throughout performance of the contract the contractor may have access to confidential data that is the property of the U.S. Geological Survey, as well as access to proprietary data of other than the contracting parties. The Contractor shall not duplicate, publish or otherwise divulge such information in whole or in part, any interpretations thereof, or data derivative there from, in any manner or form, to unauthorized parties without the prior written approval of the Contracting Officer or the third party data owner, nor authorize or permit others to do so. The Contractor shall take such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis.

(b) The Contractor shall immediately notify, in writing, the Contracting Officer in the event that the Contractor determines or has reason to suspect a breach of this requirement.

(c) The Contractor shall insert the substance of this clause in any consultant agreement or subcontract under this contract.

(d) Any unauthorized disclosure of information may result in termination of this contract for cause.

GS1439 AUTHORIZED CALLERS (APR 2022)

The name(s) listed as the government contact(s) and the undersigned contracting officer are the only authorized callers for service under this BPA.

a. Authorized Government Micro-Purchase Charge Card for Call orders up to $2,500.00 Per Transaction.

The individuals authorized to place Call orders using the Government Micro-Purchase cards under any awarded BPA(s) resulting from this RFQ are:

1. Heather M. Krempa, (816) 554-3489, hkrempa@usgs.gov

2. Timothy D. Straub, (217) 328-9735, tdstraub@usgs.gov

3. Rachel N. Sortor, (217) 328-9773, rsortor@usgs.gov

b. Call Orders over $2,500.00 Per Transaction, the below undersigned contracting officer is the only authorized callers for service under this BPA.

1. Irma Suryaty or

2. Any Contracting Officer (CO) from the Office of Acquisitions Denver Branch

The USGS Contracting Officer shall issue individual BPA Call order awards issued by an Optional Form 347, Order for Supplies or Services, and payment will be processed with an invoice through the Invoice Processing Platform (IPP).

Calls accepted by the vendor from anyone other than stated above may result in nonpayment for services rendered.

PAYMENT INSTRUCTIONS

An itemized invoice shall be submitted after delivery or upon expiration of the BPA option, whichever occurs first, for all deliveries made during a billing period and for which payment has not been received.

a. Invoices for BPA Calls Micro-Purchase Government Credit Card Charge ($2,500 or less Per Transaction) The Government shall make payment with a government charge card, the invoices shall include the mailto:hkrempa@usgs.gov mailto:tdstraub@usgs.gov mailto:rsortor@usgs.gov following information:

1. Contractor’s Business Name

2. Contractor’s Contact Name

3. Contractor’s Full Address (street number, street name, city, state, zip code)

4. Contractor’s Phone Number

5. BPA Number

6. Call Number

7. Date of Call/Order of supply or service ordered/delivered

8. Itemized list of supplies or services furnished (quantity, unit price, and extension of each item less any applicable discount and total amount of shipment)

The following information shall be provided to the Contractor by authorized USGS personnel when placing call orders:

1. Authorized caller's name, phone number, and email;

2. BPA number and the call number assigned by the authorized caller;

3. The location of where the sequenced data will be delivered;

4. Authorized callers are encouraged to ask the contractor if they are currently offering any additional discounts that would apply to this order;

5. Authorized callers shall inform the contractor that the BPA number and call number are required to appear on their invoice;

6. Sample Analysis Type and Name;

7. Quantity Needed;

b. Invoice for Call Orders Over $2,500 Per Transaction BPA Calls are placed using Optional Form 347 issued by the Contracting Officer. Once the items have been shipped and received by the USGS, the Contractor shall submit the invoice to the Invoice Processing Platform (see instruction below).

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:

A copy of the Contractor’s internally generated invoice 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) prior to the contract award date, but no more than 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.

PROVISIONS

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 or 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…