Sol_140L0724Q0016.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

LDB

BOISE ID 83705

3948 DEVELOPMENT AVE

BLM ID-BOISE DIST OFC(IDB00)

0004276356 CODE 16. ADMINISTERED BYCODE

X

X

X

561720

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORLDB

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

08/26/2024 1000 MD

07/26/2024

2083843317Nikki Bachman (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140L0724Q0016

5. SOLICITATION NUMBER

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

1 46 0040670776OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

BOISE ID 83705-5389

3948 DEVELOPMENT AVE

BLM-ID BOISE DISTRICT OFFICE*

15. DELIVER TO

BOISE ID 83705

3948 DEVELOPMENT AVE

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$22

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

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

BLM ID-BOISE DIST OFC(IDB00)

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Delivery: 09/30/2025 Period of Performance: 10/01/2024 to 09/30/2025

00010 BDO Janitorial Service Product/Service Code: S201 Product/Service Description: HOUSEKEEPING-

CUSTODIAL JANITORIAL

Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Nikki Bachman

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REFERENCE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

46 2 of

SOLICITATION NO: 140L0724Q0016

TITLE: BDO Janitorial Services Page 3

INFORMATION TO PROSPECTIVE QUOTERS

This is a combined Synopsis/Solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Firm, fixed-price quotes are requested under Request for Quotation (RFQ) Solicitation number 140L0724Q0016. This document incorporates provisions and clauses which are in effect through Federal Acquisition Regulations 2024-05. This solicitation is set-aside for small business under North American Industry Classification System (NAICS) code 561720. The Small Business Annual Receipts for the preceding three (3) fiscal years does not exceed $22 Million.

Site Visit:

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for--

Date: Tuesday, August 6, 2024 Time: 11:00 am, MDT Meeting Place: BLM, Boise District Office, 3948 Development Avenue, Boise, ID 83705 Point of Contact for Site Visit: Brandon Huss (208) 384-3418 or Email bhuss@blm.gov

Questions Due Date: August 12, 2024 10:00 am, MDT

Due Date: August 26, 2024 10:00 am MDT. Quotes will be accepted via Email at nbachman@blm.gov.

Offerors must be registered and active in the System for Award Management (SAM) database found at https://www.sam.gov.

In accordance with this Solicitation Section 4 - Solicitation Provisions

See FAR 52.212-2 Evaluation - Commercial Items

The overall proposal shall consist of a completed Standard Form 1449, completed Bid Schedule, and a detailed work plan that demonstrates the capability to meet the technical aptitude of the Statement of work. NOTE: Submit only the requested items above, not the entire Solicitation.

To expedite the handling of your quotation, please check the following items:

❏ Is the unit price legible?

❏ Is the extended price correct?

❏ Have you initialed any changes or erasures?

mailto:nbachman@blm.gov https://www.sam.gov/

TITLE: BDO Janitorial Services Page 4

TABLE OF CONTENTS

Section 1: Solicitation/Contract Form See Standard Form 1449

Section 2: Contract Clauses 12

Section 3: List of Documents, Exhibits, and Other Attachments 28

Section 4: Solicitation Provisions 29

TITLE: BDO Janitorial Services Page 5

SECTION 1: BID SCHEDULE

See Section J for additional attachments to include the Bid Schedule.

Offerors are to complete Block 17a and blocks 30 - 31 of the SF-1449.

Note: This Solicitation is “All or None”

TITLE: BDO Janitorial Services Page 6

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

BDO Janitorial Services

GENERAL REQUIREMENTS

This contract requires the Contractor to provide janitorial services as described below at the Bureau of Land Management, Boise District offices in Boise, Idaho in accordance with the following statement of work. Except as otherwise specified, all work shall be performed outside of the Government’s regular working hours, after 4:30 P.M. and prior to 7:30 A.M. on Monday, Tuesday, Wednesday, Thursday, and Friday. Work may be done on Saturday or Sunday in lieu of Friday work with prior written permission from the Contracting Officer. No work shall be done on a federal holiday. Work may be done the day before a holiday with prior written permission from the Contracting Officer.

The area of work consists of the Main Administrative Office, Fire Dispatch, Fire Fuels, Fire Exercise, Fire Ready Room, Warehouse, and Carpenter Shop Buildings. The Contractor shall furnish labor, supplies, materials, equipment, incidentals, and supervision.

The period of performance shall be one year, from date of award through 12 calendar months, with three one-year option periods (base plus two option years), to provide janitorial service to seven buildings on the Boise District Office Complex

Name of Building Address Approximate Square Feet

Average Occupancy

Main Administrative Office

3948 S. Development Ave, Boise, ID 83705

29,587 110

Fire Dispatch 2056 Commerce Ave, Boise, ID 83705 7,600 20 Fire Fuels 4180 S. Development Ave, Boise, ID

83705 3,926 30

Fire Exercise 2056 Commerce Ave, Boise, ID 83705 2,490 40 Fire Ready Room 2056 1/2 Commerce Ave, Boise, ID

83705 2,541 20

Warehouse 1962 Commerce Ave, Boise, ID 83705 1,300 5 Carpenter Shop 3948 S. Development Ave, Boise, ID

83705 224 5

COMMUNICATION SKILLS

The Contractor, and at minimum a supervisor who is available on-site at all times during work, shall be able to communicate, both verbally and in writing, the English language at a high school graduate level.

GOVERNMENT FURNISHED MATERIALS

Background Checks - All contractor employees that will work at the BLM Boise District Office Complex will be required to submit to and pass a National Background Investigation Services (NBIS) and Defense Counterintelligence and Security Agency (DCSA) background check prior to being

TITLE: BDO Janitorial Services Page 7 permitted unescorted access to the secured portions of the site. The government will furnish the background checks, but the contractor employees are to provide the Contracting Officer Representative (COR) with:

1. Full Legal Name

2. Home Address (No PO Box or forwarding station permitted)

3. Email address (for correspondence regarding the background check process)

4. A resume

5. A completed OF-306

6. A completed Privacy Rights Advisement and Acknowledgment Form

The government may grant government supervised access to the areas of work while the contractor and his or her employees are going through the NBIS/DCSA background check process. Any supervised access will be at the discretion and schedule of the government and may be revoked or changed at any time. The contractor is responsible for ensuring sufficient staff pass the NBIS/DCSA background checks to account for employee turnover, personal scheduling, and vacations while continuing to adequately service the contract.

**NOTE: Background checks may take up to three (3) months for completion**

Keys and Keycards – The government will provide the keys and keycards required to access the serviced spaces and components. Keys and/or keycards may only be issued to or carried by individuals that have passed their NBIS/DCSA background checks. The Contractor shall establish and implement methods of ensuring that all keys and keycards issued by the Government to the Contractor (or Contractor Employee’s) are kept secure and are not used by unauthorized persons. Persons with government issued keys and/or keycards are prohibited from opening locked or restricted areas to permit entrance of unauthorized persons. The Contractor is to protect all keys and/or keycards assigned to their representatives against loss, theft, and destruction. Do not leave government issued keys and/or keycards in unlocked vehicles or unattended in open view. Keys and/or keycards are the property of the Government and must be returned to the Government upon termination of employment or termination of the contract. The contractor is responsible for collecting the keys and/or keycards from former employees and ensuring the keys and/or keycards are returned to the COR. Failure to return keys and/or keycards to the government may result in the Contractor being liable for the total cost of re-keying the entire BLM Boise District Office Complex.

CONTRACTOR FURNISHED MATERIALS

All tools, equipment, and other supplies, including but not limited to mops, brooms, dust cloths, cleaning compounds, plastic trash bags, wastebasket liners, toilet paper, paper towels, hand soap, hand sanitizer, toilet seat protectors, air freshener, etc. necessary to accomplish the work specified herein shall be furnished by the Contractor. Vacuums must be capable, or have attachments capable, of cleaning next to baseboards, around and under furniture, and other hard-to-reach areas. All equipment shall be in proper working order with all safety systems intact and electrical cords shall not be spliced or altered.

The contractor shall provide all training and oversight required to ensure that the contractor or contractor’s employees’ use of the equipment and materials provided by the contractor meet Occupational Safety and Health Administration (OSHA) and other applicable safety requirements.

Contractor furnished equipment, chemicals, materials, and supplies shall be stored in janitor closets and lockers designated by the Contracting Officer Representative.

TITLE: BDO Janitorial Services Page 8

Safety Data Sheets (SDS) documents shall be provided for any chemicals intended to be brought onto the facilities prior to the arrival of the chemical. An electronic copy of the SDS documents shall be submitted to the Contracting Officer Representative and a paper copy shall be stored in each janitorial storage closet for all chemicals brought onto the facilities.

DESCRIPTION OF WORK

In general, services shall be performed Monday, Tuesday, Wednesday, Thursday, and Friday in the Boise District Main Administrative Office, Fire Dispatch, Fire Fuels, Fire Exercise, and Fire Ready Room Buildings located at 3948 S. Development Avenue, Boise, Idaho.

Five times a week (Monday, Tuesday, Wednesday, Thursday, Friday) empty all waste baskets and recycling bins. Waste baskets shall be lined with plastic trash bags. Recycling Bins do not need to be lined with plastic trash bags. Trash and Recyclables shall be kept separated and are to be disposed of in the corresponding receptacles provided outside of buildings. Plastic bags are to be securely tied closed before being placed into receptacles to avoid debris blowing from the receptacle. Waste containers shall be washed clean of liner leakage on an as needed basis.

Three times a week (Monday, Wednesday, Friday) vacuum all carpet and carpet runners not completely obstructed by stored material, furniture, and chair mats. Carpet under these items that can be reached using vacuum attachments shall be vacuumed. Vacuum chair mats. Carpet and rugs shall be vacuumed free of all loose dirt and debris. Spot clean all carpet and carpet runners so that they are free of visible spills, stains, and embedded material as needed.

Five times a week (Monday, Tuesday, Wednesday, Thursday, and Friday) Mop, scrub, and/or wipe and disinfect toilet room floors, wash basins, toilet fixtures, urinals, water closets, shower stalls, adjoining dressing areas, and water fountains. Disinfectant wipe countertops, dispensers (toilet paper, towel, and other), and tile portions of walls and stall partitions. Remove finger marks, spots, and smudges from all mirrors and stainless-steel dispensers/trash cans. Cleaning products may not leave residue that stains or discolors fixtures or tile grout. Add a minimum of 32 ounces of clean water to each toilet room floor drain.

Maintain adequate supplies of toilet paper, seat covers, and air freshener in toilet rooms; and towels and hand soap in toilet rooms and breakrooms/kitchens. Maintain adequate supplies of hand sanitizer at water fountains. Replace batteries in kitchen and restroom paper towel and soap dispensers as needed.

Five times a week (Monday, Tuesday, Wednesday, Thursday, and Friday) Clean, disinfect, and remove any stains from sinks, tables, and counter tops in all breakrooms/kitchens. Mop or scrub and disinfect breakroom/kitchen floors. Remove visible hard water scale.

Five times a week (Monday, Tuesday, Wednesday, Thursday, and Friday) clean all glass windows, entrance doors, glass panels and glass display cases in lobby and entry areas. All glass shall be wiped clean using approved glass cleaner and left in a bright condition, free of streaks and dust. Disinfectant wipe all lobby area public contact counters

Five times a week (Monday, Tuesday, Wednesday, Thursday, and Friday) disinfectant wipe all handrails, stairwell ledges, elevator buttons, common area light switches, common area switch plates, TITLE: BDO Janitorial Services Page 9 and high traffic door knobs/pulls/handles/push plates. (work is not to exceed 1 hour per night)

QUALITY ASSURANCE

Quality will be validated by customer complaints. BLM employees will report unsatisfactory or no-performance of work to the Contracting Officer’s Representative (COR) or Project Inspector (PI). If validated by the COR, the Contractor will be notified and shall correct the deficiency within 24 hours. If COR and/or PI receives three (3) or more of the same type of complaints during a four-month span, a CURE letter will be sent to the Contractor and a meeting with the Contractor, COR, and CO will be arranged to clarify problems. If after the meeting two (2) or more complaints of the same type occur again, and the COR validates them, the contract may be terminated.

EXEMPTED FROM CLEANING

The Contractor is not responsible for cleaning the following:

– Areas that the Contractor does not have the means of access to, by access card or key.

– The exterior of the buildings, but entry and lobby exterior glass is not exempted.

– Furniture and accessories including freestanding and attached to walls and partitions.

– Surfaces otherwise included to be cleaned under this contract, but which are not exposed to allow cleaning. Examples include but are not limited to surfaces covered by paper, boxes, furniture, partitions, roll-around mats, memorabilia, posters, files, books, and potted plants. Contractor shall not disturb arrangement of such items.

GREEN REQUIRMENTS

A. Selection of Cleaning Products: The janitorial contractor shall make careful selection of janitorial cleaning products and equipment to comply with the following:

1. Purchase and use green cleaning products and hand soaps that have the following environmentally responsible features:

– Non-toxic

– Contain no phosphates

– Non-corrosive

– Contain no ozone depleting compounds

– Contain no known carcinogens

– Contain no chlorine bleach

– Contain no butoxyethanol

– Contain no quaternary ammonium compounds

– Contain no petroleum distillates

– Non-flammable

– Concentrated for use in cold water

– Safe volatile organic compound levels when diluted; and

– Packaged ecologically in recycled content cardboard boxes and plastic containers to the maximum extent practical

2. Eliminate use of harsh chemicals and the release of irritating fumes.

TITLE: BDO Janitorial Services Page 10

3. All cleaning products must be Green Seal certified, https://greenseal.org/, EPA Safer Choice, (http://www.epa.gov/saferchoice) formerly known as EPA Design for the Environment certified, or USDA Biopreferred certified https://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtml

B. Section of Paper Products and Trash Bags and Can Liners: The Janitorial Service Contractor shall select and purchase consumable products that are fully compliant with the recovered/recycled content percentages specified in the Environmental Protection Agency’s Comprehensive Procurement Guidelines (CPG) or be Green Seal certified. Those products include, but are not limited to the following:

– Toilet paper

– Paper towels

– Facial tissue

– Trash bags and can liners

1. A fact sheet that defines the post-consumer recovered content and the total recovered fiber content required of paper products, trash bags, and can liners in order to be considered CPG compliant may be viewed at https://www.epa.gov/sites/production/files/2016- 02/documents/paper.pdf

2. The table below provides post-consumer and total recycled content information for toilet paper, paper towels, facial tissue, and can liners.

CPG Category Product

Minimum Post-consumer Recycled Content

Total Recovered Paper Fiber or Total Recovered Content

Paper products Toilet tissue rolls or sheets

20-60% 20-100%

Paper products Paper towels rolls or sheets

40-60% 40-100%

Paper products Facial tissue 10-15% 10-100% Nonpaper office products

Trash can liners 10-100% N/A

3. Prior to the initial stocking of the bathroom with toilet paper, the Janitorial Service Contractor will submit samples of at least four different manufacturers’ CPG-compliant toilet paper for approval by the Contracting Officer Representative. This is necessary to obtain consensus on which toilet paper is preferred by the BLM employees.

4. Trash bags and can liners that meet the biobased content established by the U.S. Department of Agriculture’s BioPerferred Program and are a USDA Certified Biobased Product are also acceptable. https://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtml

5. The contractor shall comply with the provisions in the Federal Acquisition Regulations clauses 52.223-4 “Recovered Material Certification” and 52.223-1 “Biobased Product Certification”.

https://greenseal.org/ http://www.epa.gov/saferchoice https://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtml https://www.epa.gov/sites/production/files/2016-02/documents/paper.pdf https://www.epa.gov/sites/production/files/2016-02/documents/paper.pdf https://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtml

TITLE: BDO Janitorial Services Page 11

C. Lighting and recycling of fluorescent lamp tubes and compact fluorescent bulbs: All fluorescent lamp tubes used in the leased space must be T8 low mercury “green” tubes that will pass the Environmental Protection Agency’s Toxicity Characterization Leachate Procedure (TCLP) test for mercury. Fixtures that require screw in bulbs are to use compact fluorescent bulbs. Use of incandescent bulbs is prohibited.

D. All spent fluorescent lamps including lamp tubes and compact fluorescent bulbs must be recycled regardless of whether or not the local landfill will accept them for disposal and regardless of whether or not they are classified as low mercury “green” lamps. Broken mercury lamps must also be recycled. The Janitorial Service Contractor will also accept for recycling spent and broken fluorescent lamps from government lights not serviced under this janitorial contract. The Janitorial Service Contractor is not expected to replace or stock lamps for government owned tasked lighting. A listing of facilities claiming to recycle mercury lamps may be found at the following web site: http://www.lamprecycle.org.

E. The transporter of the mercury lamps and the destination facility that recycles them must comply with all applicable state and Federal regulations. The destination facility that will recycle the mercury lamps must be permitted as a Treatment, Storage, and Disposal facility and have an Environmental Protection Agency (EPA) identification number. The offeror’s submission must address the following in regards to recycling of the mercury lamps:

1. Name address and telephone number of the company who will transport the spent lamps for recycling.

2. Name address, and telephone number of the company who actually processes the lamps for recycling.

3. EPA identification number of the destination facility that will recycle the lamps.

4. Documentation from the destination facility proving that they are permitted for the treatment and recycling of mercury lamps by the state in which they are located.

F. The Janitorial Service Contractor must provide a bill of loading from the transporter and the designated facility upon request from the COR showing where the spent mercury lamps from the space are being sent for recycling of the glass, aluminum tips, and mercury.

G. New and spent tubes must be stored in the manufacturer’s original packaging that is structurally sound or in appropriate DOT specification packaging to protect them from damage. Broken tubes pose a hazard to anyone cleaning them up because of the released mercury vapor. The packaging must be the same or longer in length than the tubes it is protecting.

H. The packaging in which spent fluorescent lamps are stored awaiting recycling must be labeled “USED LAMPS” and dated showing the date the first spent tube was placed in it.

I. Spent tubes may not be accumulated or stored on site.

See Section J for additional attachments to include project specifications and drawings.

http://www.lamprecycle.org/

TITLE: BDO Janitorial Services Page 12

SECTION 2 - CONTRACT CLAUSES

1. 52.252-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/browse/index/far#

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Nov 2023) (Over 250K)

52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.208-9 Contractor Use of Mandatory Sources of Supply or Services (May 2014)

(Contractor-Furnished Supplies which are on the Procurement List maintained by the Committee for Purchase from People who are Blind or Severely Disabled) (Janitorial Services)

52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services (Nov 2023) 52.215-8 Order of Precedence-Uniform Contract Format (Oct 1997) 52.223-2 Reporting of Biobased Products under Service and Construction Contracts (May 2024) 52.223-3 Hazardous Material Identification and Material Safety Data (Alt I) (Jul 1995) 52.226-7 Drug-Free Workplace (May 2024) 52.232-23 Assignment of Claims (May 2014) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.236-2 Differing Site Conditions (Apr 1984) 52.242-15 Stop-Work Order (Aug 1989)

2. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Products and Commercial Services (May 2024)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub.

L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

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

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232-40 , Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

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

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

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

TITLE: BDO Janitorial Services Page 13

(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:

[Contracting Officer check as appropriate.] XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655). (Over 250K) __ (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.)

XX (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community— see FAR 3.900(a) XX (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (6) [Reserved].

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

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

XX (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328) __ (10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115–390, title II).

__ (11) (i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC 2023) (Pub. L.

115– 390, title II).

__ (ii) Alternate I (DEC 2023) of 52.204–30.

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

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

__ (14) [Reserved].

__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2021) (15 U.S.C. 657a).

__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (17) [Reserved] XX (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-6.

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

__ (ii) Alternate I (MAR 2020) of 52.219-7.

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

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

__ (ii) Alternate I (NOV 2016) of 52.219-9.

__ (iii) Alternate II (NOV 2016) of 52.219-9.

__ (iv) Alternate III (JUN 2020) of 52.219-9.

__ (v) Alternate IV (SEP 2023) of 52.219-9.

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

__ (ii) Alternate I (MAR 2020) of 52.219-13.

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

__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

__ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small

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Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

XX (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (FEB 2024) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219-28.

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

__ (27) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

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

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

XX (31) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

__ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB 2024) (E.O.13126). (Supplies) XX (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

XX (34) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

__ (ii) Alternate I (FEB 1999) of 52.222-26.

XX (35) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). (Over 250K) __ (ii) Alternate I (JUL 2014) of 52.222-35.

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

__ (ii) Alternate I (JUL 2014) of 52.222-36.

XX (37) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). (Over 250K) __ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

XX (39) (i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

XX (40) 52.222-54, Employment Eligibility Verification (MAY 2022) . (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.) (Over 250K) __ (41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available 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.)

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

(MAY 2024) (E.O. 13693).

__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(MAY 2024) (E.O. 13693).

__ (44) 52.223-20, Aerosols (MAY 2024) (E.O. 13693).

__ (45) 52.223-21, Foams (MAY 2024) (E.O. 13693).

__ (46) 52.223-23, Sustainable Products and Services (MAY 2024) (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

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

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

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

__ (ii) Alternate I (OCT 2022) of 52.225-1.

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (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 [Reserved].

__ (iii) Alternate II (DEC 2022) of 52.225-3.

__ (iv) Alternate III (FEB 2024) of 52.225-3.

__ (v) Alternate IV (OCT 2022) of 52.225-3.

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

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

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

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (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) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) (E.O. 13513).

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

__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services

(NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

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

XX (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) (31 U.S.C. 3332).

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

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

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

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

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

__ (ii) Alternate I (APR 2003) of 52.247-64.

__ (iii) Alternate II (NOV 2021) of 52.247-64.

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

[Contracting Officer check as appropriate.] XX (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter67). (Services Only) XX (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). (Services Only) __ (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).

XX (7) 52.222-55, Minimum Wages Under Executive Order 14026 (JAN 2022).

XX (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.

TITLE: BDO Janitorial Services Page 16

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

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

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

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

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

(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub.

L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

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

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

L. 117-328)

(vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC 2023) (Pub. L. 115–390, title II).

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

(viii) 52.219-8, Utilization of Small Business Concerns (SEP 2023) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

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

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

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

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

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

(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

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

(xiv) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

(xx) 52.222-55, Minimum Wages Under Executive Order 14026 (JAN 2022).

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

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

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

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

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

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

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

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

3. 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

(a) Definitions. As used in this clause— Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet). Covered foreign country means The People’s Republic of China. Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or (4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

TITLE: BDO Janitorial Services Page 18

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(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.

The Contractor is prohibited from providing to the Government 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(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…