Sol_140L2625Q0013.pdf
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- Attached to
- LSR CAMPGROUND MAINTENANCE Federal contract opportunity
- Solicitation number
- 140L2625Q0013
About this file
This is a Request for Quotation (RFQ) issued by the Bureau of Land Management (BLM) Cottonwood Field Office for recreation site maintenance services at seven locations along the Lower Salmon River in Idaho. The services include cleaning and maintaining restrooms, changing rooms, recreation areas, campground fee envelopes, boater permits, trash removal, vegetation management, lawn care, and sprinkler system monitoring at sites including Hammer Creek, White Bird Gravel Pit, Skookumchuck, Slate Creek, Lucile, Old Lucile, and Shorts Bar recreation sites.
The solicitation is set aside 100% for small businesses under NAICS code 561720 with a size standard of $22 million. Quotes are due February 27, 2025 at 11:00 AM MST. The period of performance is May 15, 2025 to May 14, 2026 with four one-year option periods through May 14, 2030. Service frequency requirements vary seasonally - twice per week from October 16 through June 14, and three times per week from June 15 through October 15. The BLM will provide some supplies and equipment including trash bags, toilet paper, cleaning supplies, and leaf blowers. Award will be made based on technical capability, prior relevant experience/past performance, and price, with the non-price factors being significantly more important than price.
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| A06_-_Rec_Site_Maps.pdf |
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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
LDA
BOISE ID 83709
1387 S. VINNELL WAY
BLM ID-STATE OFC HR&ADM SVC (ID953)
0011276404 CODE 16. ADMINISTERED BYCODE
X
X
X
561720
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED ORLDA
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
02/27/2025 1100 MS
02/13/2025
2083733911Thomas Parsons (No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
140L2625Q0013
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 52 0044006494OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
COTTONWOOD ID 83522-9498
2 BUTTE DRIVE
BLM-ID COTTONWOOD FIELD OFFICE
15. DELIVER TO
BOISE ID 83709
1387 S. VINNELL WAY
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-STATE OFC HR&ADM SVC (ID953)
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.
Period of Performance: 05/15/2025 to 05/14/2026
00010 Rec maintenance at various BLM LSR sites Product/Service Code: F008 Product/Service Description: NATURAL
RESOURCES/CONSERVATION- RECREATION SITE
MAINTENANCE (NON-CONSTRUCTION)
Delivery: 05/14/2026 Continued ...
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
X
XX
DATED
Thomas Parsons
. 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.
00020 Rec maintenance at various BLM LSR sites
Product/Service Code: F008
Product/Service Description: NATURAL
RESOURCES/CONSERVATION- RECREATION SITE
MAINTENANCE (NON-CONSTRUCTION)
Delivery: 05/14/2026
FOB: Destination
00030 Rec maintenance at various BLM LSR sites
Product/Service Code: F008
Product/Service Description: NATURAL
RESOURCES/CONSERVATION- RECREATION SITE
MAINTENANCE (NON-CONSTRUCTION)
Delivery: 05/14/2026
FOB: Destination
The government may require continued performance of any services within the limits, and at the rates specified in the contract.
The total duration of this contract, including the exercise of any options, shall not exceed five (5) years.
Continued ...
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
52 2 of
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 52
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
140L2625Q0013
Base Year: 05/15/2025 to 05/14/2026
Option Year 1: 05/15/2026 to 05/14/2027
Option Year 2: 05/15/2027 to 05/14/2028
Option Year 3: 05/15/2028 to 05/14/2029
Option Year 4: 05/15/2029 to 05/14/2030
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
SOLICITATION NO: 140L2625Q0013
COTTONWOOD F.O. LOWER SALMON RIVER RECREATION SITE
CLEANING/MAINTENACNE
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 140L2625Q0013 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 $22.0 Million.
No Site Visit will be held
Due Date: February 27, 2025 @ 11:00 A.M. MST. Quotes will be accepted via email at tparsons@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?
https://www.sam.gov/
CLEANING/MAINTENACNE
TABLE OF CONTENTS
Section 1: Solicitation/Contract Form See Standard Form 1449
Section 2: Contract Clauses 14
Section 3: List of Documents, Exhibits, and Other Attachments 26
Section 4: Solicitation Provisions 34
CLEANING/MAINTENACNE
SECTION 1: BID SCHEDULE
LSR Recreation Site Maintenance Base Year: May 15, 2025 – May 14, 2026
Item Item Description Quantity Unit of Measure Unit Price Total
1 Hammer Creek Recreation Site 12 MO
2 White Bird Gravel Pit Recreation Site 12 MO
3 Skookumchuck Recreation Site 12 MO
4 Slate Creek Recreation Site 12 MO
5 Lucile Recreation Site 12 MO
6 Old Lucile Recreation Site 12 MO
7 Shorts Bar Recreation Site 12 MO
TOTAL
LSR Recreation Site Maintenance Option Year 1: May 15, 2026 – May 14, 2027
Item Item Description Quantity Unit of Measure Unit Price Total
1 Hammer Creek Recreation Site 12 MO
2 White Bird Gravel Pit Recreation Site 12 MO
3 Skookumchuck Recreation Site 12 MO
4 Slate Creek Recreation Site 12 MO
5 Lucile Recreation Site 12 MO
6 Old Lucile Recreation Site 12 MO
7 Shorts Bar Recreation Site 12 MO
TOTAL
CLEANING/MAINTENACNE
LSR Recreation Site Maintenance Option Year 2: May 15, 2027 – May 14, 2028
Item Item Description Quantity Unit of Measure Unit Price Total
1 Hammer Creek Recreation Site 12 MO
2 White Bird Gravel Pit Recreation Site 12 MO
3 Skookumchuck Recreation Site 12 MO
4 Slate Creek Recreation Site 12 MO
5 Lucile Recreation Site 12 MO
6 Old Lucile Recreation Site 12 MO
7 Shorts Bar Recreation Site 12 MO
TOTAL
LSR Recreation Site Maintenance Option Year 3: May 15, 2028 – May 14, 2029
Item Item Description Quantity Unit of Measure Unit Price Total
1 Hammer Creek Recreation Site 12 MO
2 White Bird Gravel Pit Recreation Site 12 MO
3 Skookumchuck Recreation Site 12 MO
4 Slate Creek Recreation Site 12 MO
5 Lucile Recreation Site 12 MO
6 Old Lucile Recreation Site 12 MO
7 Shorts Bar Recreation Site 12 MO
TOTAL
CLEANING/MAINTENACNE
LSR Recreation Site Maintenance Option Year 4: May 15, 2029 – May 14, 2030
Item Item Description Quantity Unit of Measure Unit Price Total
1 Hammer Creek Recreation Site 12 MO
2 White Bird Gravel Pit Recreation Site 12 MO
3 Skookumchuck Recreation Site 12 MO
4 Slate Creek Recreation Site 12 MO
5 Lucile Recreation Site 12 MO
6 Old Lucile Recreation Site 12 MO
7 Shorts Bar Recreation Site 12 MO
TOTAL
Offerors are to complete Block 17a and blocks 30 - 31 of the SF-1449.
FOB Point: Destination – All delivery costs must be included in the unit price for each item.
All questions need to be emailed to the CO.
Note: This Solicitation is “All or None”
CLEANING/MAINTENACNE
DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
A. DESCRIPTION OF WORK
The contractor shall provide management, supervision, labor, equipment and tools, supplies and materials, except for specified Government-furnished property, required to perform recreation site maintenance effectively, efficiently and satisfactorily at various BLM lower Salmon River Recreation Sites.
B. LOCATION OF WORK
The work areas consist of seven recreation sites located along approximately 31 road miles of the lower Salmon River and primarily located along Highway 95 between White Bird and Riggins, Idaho.
The project areas are as follows:
Site Name Location Mile Marker Size Number of Toilets
Number of Changing Rooms
Hammer Creek Recreation Site
T.27N., R.1E., Section 3, Lot 10.
2.8 (Doumecq) Road)
Approximately 10 acres
4 2
White Bird Gravel Pit/Boat Ramp
T.28N.,R1.E, Section 27
.03 (Old Hwy 95) Approximately
1.5 acres
1 NA
Skookumchuck Recreation Site
T.27N., R.1E., Section 15, Lots 3 and 6
219 (Hwy 95) Approximately 2 acres
(lawn size) 20,650 sq ft
2 2
Slate Creek Recreation Site
T.27N., R.1E., Section 26, Portion of Lot 6.
214 (Hwy 95) Approximately 3 acres
(lawn size) 9,500 sq ft
3 NA
Lucile Recreation Site
T.25N., R.1E., Section 11, Lot 1
203 (Hwy 95) Approximately
1.5 acres
2 2
Old Lucile Recreation Site
T.25N., R.1E., Section 11, Lots 12 and 13
203 (Hwy 95) Approximately
1.25 acres
2 2
Shorts Bar Recreation Site
T.24N., R.1E., W
1/2, SE 1/4,
Section 14.
1.6 (Salmon River Road
Approximately 8 acres
4 NA
See attached site drawings.
CLEANING/MAINTENACNE
C. WORK WEEK AND WORK SHIFT
Recreation site maintenance shall, at a minimum, be carried out to meet the standards set forth in Section L, Recreation Area Maintenance Requirements. The work shall be performed during daylight hours. The work schedule shall be such that each site is not maintained on consecutive days.
D. SCHEDULING OF OPERATIONS
The Contractor shall schedule all cleaning operations so as not to interfere with normal recreational activities of the recreation area visitors. Schedule and/or issues with scheduling the work week must be communicated to the COR/PI and is subject to COR/PI approval. Work performed in section L, Recreation Site Maintenance Requirements, shall be performed twice per week from October 16th through June 14th and three times per week from June 15th through October 15th. Work performed under 8. And 9. in section L would be performed on an as needed basis from October 16th through June 14th based on lawn height requirements. From June 15th through October 15th, these duties typically must be performed every 7-10 days to meet the vegetation height requirements.
E. CONTRACTOR FURNISHED EQUIPMENT AND SUPPLIES
The Contractor shall supply all material, labor, equipment, tools, fuels, and lubricants, not listed under Government-furnished materials, in performance of the recreation site maintenance.
1. TOOLS AND EQUIPMENT: The Contractor shall furnish and maintain all tools and equipment, except for specified Government-furnished property, necessary to carry out the requirements of this contract.
Tools and equipment shall be of the type and size customarily used in commercial work of this kind and are subject to BLM approval.
2. SUPPLIES: The Contractor shall furnish all supplies, except for specified Government-furnished materials, necessary to carry out the requirements of this contract. The use of “Green” or environmentally safe products is required and are subject to BLM approval. To find out more, please refer to www.sftool.gov/greenprocurement.
Cleaning products shall be kept sealed in labeled containers. Equipment and supplies may be stored in a designated area on site at the discretion of the Government. Combustible materials or products which may create a fire hazard as well as acids, caustic or other injurious chemicals shall not be used or stored at the work site.
3. HAZARDOUS MATERIALS: The Contractor shall provide and post the BLM Material Safety Data Sheets (MSDS) for all cleaning supplies stored at the work site.
F. GOVERNMENT FURNISHED PROPERTY
1. EQUIPMENT: Garbage cans, brooms, toilet cleaning brushes, leaf blower will be furnished by the government. Dumpsters for trash disposal are provided at Hammer Creek and Lucille, if the contractor chooses to utilize those.
2. MATERIALS AND SUPPLIES: Trash bags, toilet paper, paper towels, disinfectant, pine oil, pre-mixed insecticide, pest spray, deodorizer discs, and disposable gloves will be furnished by the Government. The http://www.sftool.gov/greenprocurement
CLEANING/MAINTENACNE
Contractor shall pick up all materials furnished by the Government at the Bureau of Land Management (BLM), Cottonwood Field Office 2 Butte Drive, Cottonwood, ID 83522 or arrange for drop off of materials at the storage facilities located at the BLM Slate Creek Recreation Site. Materials and supplies will be available by contacting the COR/PI. The Contractor shall load and transport all materials to the various work sites. All property shall be used in accordance with the manufacturer's recommendations.
The Contractor shall notify the COR/PI when supplies become low, giving adequate time to replenish them.
The Contractor shall be responsible for all material in his/her custody until the completion of the contract.
Upon completion of this contract, all unused materials not used in the performance of this contract, shall be returned to the BLM. The Contractor is responsible for verifying field quantities prior to checking out material and when returning unused material. The cost of picking up and transporting the material to and from the recreation sites shall be included in the unit price bid in the schedule.
3. UTILITIES: Reasonable amounts of water will be made available for use by the Contractor.
4. SECURITY AND DAMAGES: Government-furnished equipment (e.g. leaf blower) damaged by the Contractor shall be replaced with the same or equal material, or the actual cost to the Government for a replacement will be deducted from payments due to the Contractor.
Security shall be maintained at all times. The Contractor is to obtain prior approval from the BLM before giving access to the keys for padlocks and bathroom door locks to anyone other than the Contractor. The Contractor shall notify the Contracting Officer immediately if any key(s) are lost or stolen. The Government may hold the Contractor liable for all costs associated with replacing lost or damaged property.
G. MISCELLANEOUS REQUIREMENTS:
1. SAFETY: All work and equipment shall conform to the regulations set forth by the Department of Labor, Occupational Safety and Health Administration (OSHA). The Contractor shall take all necessary precautions for the protection of the work and safety of the public. Safety hazards and major damage shall be reported to the BLM immediately upon detection.
2. LOST AND FOUND: Found items that appear to be lost personal property shall be turned over to the Government or campground hosts as soon as practical. The Government will maintain the items in a lost and found repository.
3. GRAFFITI/ILLEGAL DUMPING: Graffiti shall be removed or otherwise reported to the BLM as soon as it is discovered. Any illegal dumping (e.g. appliances) at sites should also be reported to the BLM as soon as it is discovered.
H. CONDUCT OF WORK:
1. This contract shall be carried out in a workman like manner without undue disturbance or interference with employees and public use of recreation sites.
2. In performance of duties, the Contractor shall always exhibit to the public a favorable image in terms of general conduct and appearance.
CLEANING/MAINTENACNE
3. The Contractor shall perform all work under this contract in accordance with applicable, recognized, and accepted standards and practices. Conduct of work shall indicate deliberate effort to produce first quality results.
4. The Contracting Officer may require, in writing, that the Contractor remove from the work site any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable.
5. This is a performance-based service contract where the requirements are written with results in mind.
The Contractor is to meet the standards set forth in Section L – Recreation Area Maintenance Requirements.
6. EXAMPLES OF UNACCEPTABLE WORK: Gravel, dirt, mud or debris on concrete surfaces (e.g.
sidewalks, toilet floors); residual excretions on restroom floors/walls and/or inside and outside of toilet lids, seats and risers; failure to replenish toilet paper in restrooms; leaving facilities unsafe for public use (e.g. wet slippery floors, tripping hazards); notes with markers left inside bathroom walls;
cobwebs/insects left inside bathrooms/changing rooms, etc.
Two or more notices of failure to perform within a two-month period shall be considered evidence of noncompliance of the contract and may be grounds for deductions or other consideration. Continued failure may result in contract termination.
I. EVALUATION PROCESS:
The Contractor shall complete a COR-provided checklist which provides means to track maintenance requirements performed at each site.
1. Number of Inspections: The number of inspections will be at the COR/PI’s discretion.
2. Sample Size: Up to 100 percent of all work requirements will be inspected.
3. Sampling Procedures: Visual observations, random sampling, spot checking, contractor checklist review, customer feedback or other commercially accepted inspection methods may be used.
4. Evaluation Procedures: Contract diary or other written documentation shall be used to report inspection results. Discrepancies will be discussed with the contractor in a timely manner.
5. Analysis of Results: Inspections will be used to determine payments. If negative results are identified during the month, the contractor shall contact the Contracting Officer prior to submitting an invoice for payment.
This contract is a performance-based contract where the monthly payment is dependent upon the satisfactory completion of all work requirements.
CLEANING/MAINTENACNE
L. LOWER SALMON RIVER RECREATION SITE CLEANING/MAINTENANCE REQUIREMENTS
H am m er
C re ek
W hi te B ird
G ra ve l P it/ B oa t
R am p
Sk oo ku m ch uc k
Sl at e C re ek
Lu ci le
O ld
L uc ile
Sh or ts B ar
Requirements
1. Restroom Areas X X X X X X X
2. Changing Rooms X - X X X X -
3. Recreation Sites X - X - X X X
4. Campground Fee Envelopes X - - X - - -
5. Boater Permits X X - - - - -
6. Trash - - X X - X -
7. Vegetation X X X X X X X
From October 16th through June 14th, these duties will be performed twice per week.
From June 15th through October 15th these duties will be performed three times per week.
H am m er
C re ek
W hi te B ird
G ra ve l P it/ B oa t
R am p
Sk oo ku m ch uc k
Sl at e C re ek
Lu ci le
O ld
L uc ile
Sh or ts B ar
Requirements
8. Lawn - - X X - - -
9. Sprinklers - - X X - - -
From October 16th through June 14th, these duties must be performed on an as needed basis on the 3”-4” lawn height requirement.
From June 15th through October 15th, these duties typically must be performed every 7-10 days
The Contractor shall complete a COR-provided checklist for work completed at each site visit.
1. Restroom Areas:
a. Restroom floors and walls shall be swept to remove all litter and/or trash. The litter shall be placed in containers and disposed of.
b. Cobwebs and hornet nests will be removed from restroom walls inside and out.
c. Adequate supplies of toilet paper shall be installed and maintained in restrooms.
d. The restroom floors, interior/exterior wall surfaces, fixtures, toilet stools (inside and outside) and seats shall be washed and sanitized with bacteria and germ-killing mixture.
e. All sidewalks outside of restrooms are swept.
CLEANING/MAINTENACNE
f. Deodorizer discs will be replaced when needed.
g. Insecticide/Pesticide shall be sprayed on the above-ground areas of each restroom to control flies and insects. Application shall be performed after each restroom has been cleaned and washed. The insecticide mixture shall be prepared and used in strict accordance with the instructions on the container. The Contractor shall avoid direct applications of prepared insecticide to sensitive areas such as toilet seats, door handles and toilet paper.
2. Changing Rooms:
a. Changing room floors and walls shall be swept to remove all litter. The litter shall be placed in containers and disposed of.
b. Cobwebs and hornet nests will be removed from changing room walls inside and out.
c. All sidewalks outside of changing rooms are swept.
d. Insecticide/Pesticide shall be sprayed on the above-ground areas of each restroom to control flies and insects. Application shall be performed after each changing room has been cleaned. The insecticide mixture shall be prepared and used in strict accordance with the instructions on the container. The Contractor shall avoid direct applications of prepared insecticide to sensitive areas such as door handles.
3. Recreation Sites:
a. Check the recreation area, boat ramp and beach areas to remove all trash, charcoal and unauthorized fire rings.
b. Clean and remove all material from cooking grills, if present at those recreation sites.
4. Campground Fee Envelopes
a. Restock campground fee envelopes in designated areas.
5. Boater Permits
a. Restock boater permits in designated areas.
6. Trash
a. Empty and remove all plastic garbage bags from trash cans and recreation site.
b. Clean all trash cans and install plastic bags.
7. Vegetation
a. During the vegetative growing season, vegetation will be maintained at a height of between 1-1/2 inches to 3 inches around the restrooms, signs, kiosks, garbage cans, fire rings, camp sites and changing rooms, if present at those recreation sites.
8. Lawn
a. During the vegetative growing season, the lawn must be maintained at a height of between 3 inches to
4 inches, including borders.
b. After each cutting, any bagged trimmings must be removed from the area. If clippings are left, they must be limited to lawn area. All other clippings must be swept off sidewalks, fire rings, picnic tables etc.
9. Sprinklers:
a. Pop-up sprinkler heads are to be checked to ensure that they function properly. Automatic sprinkler failures (e.g. brown patches) are to be reported immediately to the COR/PI.
CLEANING/MAINTENACNE
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#
52.204-13 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)
52.211-5 Material Requirements (Aug 2000) 52.211-6 Brand Name or Equal (Aug 1999) 52.211-18 Variation in Estimated Quantity (Apr 1984) 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 https://www.acquisition.gov/browse/index/far#
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(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:
[Contracting Officer check as appropriate.] __ (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)).
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__ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small 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).
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.
__ (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.
__ (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).
__ (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).
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).
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__ (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).
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).
__ (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.
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(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).
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(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).
(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);
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(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).
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 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. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.
(c) Exceptions. This clause does not prohibit contractors from providing—
(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the…
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