Sol_140L5721Q0003.pdf

140L5721Q0003

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

12/09/2020 0040515137

1 45

440 WEST 200 SOUTH, SUITE 500

SALT LAKE CITY UT 84101

BLM UT-STATE OFC ADM SVCS BR(UT952)

01/14/2022

DELTA OFF-RANGE CORRALS

BLM-UT WILD HORSE AND BURRO PROG

DELTA

UT 84624

801 539-4040Vicki Meier

01/07/2021 1700 ET

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Delta Wild Horse and Burro Off-Range Corrals Veterinary Services

This is a combined synopsis/solicitation. See below for details and requirements.

Contracting Officer: Vicki Meier, vmeier@blm.gov, 801-539-4040 Legacy Doc #: BLM Period of Performance: 01/15/2021 to 01/14/2022

00010 Base Year - Veterinary Services at the Delta Wild Horse and Burro Off-Range Corrals

See attached statement of work, contract Continued ...

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 45

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

140L5721Q0003 provisions and clauses, and blank bid schedule.

Product/Service Code: F016

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- WILDHORSE/BURRO CONTROL

Delivery: 01/14/2022

00020 Option Year 1 - Veterinary Services at the Delta

Wild Horse and Burro Off-Range Corrals

(Option Line Item)

12/31/2021

Product/Service Code: R416

Product/Service Description: SUPPORT-

PROFESSIONAL: VETERINARY/ANIMAL CARE

Period of Performance: 01/15/2022 to 01/14/2023

00030 Option Year 2 - Veterinary Services at the Delta

Wild Horse and Burro Off-Range Corrals

(Option Line Item)

12/31/2022

Product/Service Code: R416

Product/Service Description: SUPPORT-

PROFESSIONAL: VETERINARY/ANIMAL CARE

Period of Performance: 01/15/2023 to 01/14/2024

00040 Option Year 3 - Veterinary Services at the Delta

Wild Horse and Burro Off-Range Corrals

(Option Line Item)

12/31/2023

Product/Service Code: R416

Product/Service Description: SUPPORT-

PROFESSIONAL: VETERINARY/ANIMAL CARE

Period of Performance: 01/15/2024 to 01/14/2025

00050 Option Year 3 - Veterinary Services at the Delta

Wild Horse and Burro Off-Range Corrals

(Option Line Item)

12/31/2024

Product/Service Code: R416

Product/Service Description: SUPPORT-

PROFESSIONAL: VETERINARY/ANIMAL CARE

Period of Performance: 01/15/2025 to 01/14/2026

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

140L5721Q0003 Delta Veterinary Services for Delta Horse & Burro Off-Range Corrals 12/09/2020

Combined Synopsis/Solicitation Contractor Information Statement of Work Section 2 – Contract Clauses

52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.204-22 Alternative Line Item Proposal (JAN 2017) 52.232-1 Payments (APR 1984) 52.232-11 Extras (APR 1984) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) 52.237-3 Continuity of Services (JAN 1991) 52.242-15 Stop-Work Order (AUG 1989) 52.242-17 Government Delay of Work (APR 1984) 52.203-18 Prohibition on Contracting w al Confidentiality Agreements or Statements-Representation (JAN 2017) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020) 52.212-4 Contract Terms and Conditions -- Commercial Items (OCT 2018) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Mar 2020) 52.244-6 Subcontracts for Commercial Items (Aug 2019) 52.222-99 Combating Race and Sex Stereotyping. [(DEVIATION 20-09)] (NOV 2020) 52.252-4 Alterations in Contract (APR 1984) DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements - Internet Payment Platform

(IPP) (APRIL 2013)

1452.201-70 AUTHORITIES AND DELEGATIONS (SEPT 2011)

Section 4 – Solicitation Provisions 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. (JAN 2017) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.204-17 Ownership or Control of Offeror (Aug 2020) 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations—Representation. (NOV 2015) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (FEB 2016) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications (Jun 2020) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020) 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020) 52.204-20 Predecessor of Offeror (July 2016) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016) 52.212-2 Evaluation -- Commercial Items (Oct 2014) 52.212-3 Offeror Representations and Certifications--Commercial Items (Nov 2020) 52.219-1 Small Business Program Representations (Nov 2020)

52.222-25 Affirmative Action Compliance (APR 1984) 52.252-3 Alterations in Solicitation (APR 1984)

Contractor Information This is a combined Synopsis/Solicitation for Veterinary Services at the Delta Wild Horse & Burro Off-Range Corrals, 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; a written solicitation will not be issued. Firm fixed unit price quotes are requested under this Request for Quotation (RFQ) number 140L5721Q0003. This document incorporates provisions and clauses in effect through the Federal Acquisition Circular (FAC) 2005-100.

Contractor must have an active registration at www.SAM.gov, with no active exclusions, to be eligible for award.

Key Information:

• This solicitation is issued as a request for quote under FAR part 13, Simplified Acquisition Procedures.

• Total Small Business Set Aside under NAICS code 541940 – Veterinary Services with a size standard of $7.5M.

• Three quote volumes must be submitted: 1. Technical, 2. Past Performance, and 3. Price

• See instructions to quoters in provisions below.

• The Government will evaluate quotes based on the evaluation criteria listed in provision 52.212-2 below.

• Discussions may or may not be conducted, so vendors are encouraged to submit their best and final quotes.

• Questions relating to this solicitation shall be submitted in writing, with email subject line: 140L5721Q0003 – Delta

Veterinary Services, to vmeier@blm.gov.

Responses due, via email, 5:00 pm MT, Thursday, January 7, 2021 to: Vicki Meier, Contracting Officer, vmeier@blm.gov.

Statement of Work Background:

a. Wild horses and burros on public lands, administered by the Bureau of Land Management (BLM) and Forest Service, are protected, managed, and controlled under provisions of the Wild Horse and Burro (WH&B) Act of December 15, 1971, as amended (16 US. 1331-1340). As resource conditions warrant, excess wild horses and burros are removed from the public lands and placed in facilities for preparation and holding. Animals are then placed in private maintenance through the Adopt-A-Horse program or into long-term holding pastures throughout the mid-continental states.

b. The Delta Facility, located in Delta, Utah, has a capacity of holding up to 300 animals. The facility also has the capability of holding additional animals in the adjacent Delta Cache livestock corrals. The Facility has a mission that is three-fold in nature: (1) short-term holding facility, (2) adoption facility, and (3) preparation and care facility. The Facility receives wild horses and burros from other BLM and Contract facilities across the western U.S., from Adoption events, or directly from the range after they have been gathered. The horses are delivered by goose-neck trailer (approximately 12 horses in each load) or in single-straight deck semi-trailers with up to 45 horses in one load.

c. The BLM WH&B gathering season runs primarily from approximately July 1 through March 1. The number of animals in the facilities can fluctuate depending on National Program needs. Those wild horses and burros needing to be prepared for adoption coincides with the gathering season and excess animal removed from the range. Numbers of animals in the facilities will vary greatly depending on numbers of animals shipped in from gathers from within Utah and surrounding states.

d. The Delta Facility may receive horses or burros from other facilities across the country, throughout the year, for the sole purpose of castration. These animals, if horses, are primarily destined for long-term pastures in the mid-continental states.

mailto:vmeier@blm.gov

Objective:

The primary objective of this contract is to provide veterinarian services to wild horses and burros on an “as needed” basis at the Delta Facility, located in Delta, Utah awaiting preparation and disposition through the adoption program or shipment to long-term pastures.

This contract for the veterinarian services will run from January 15, 2021 through January 14, 2026.

General Services:

a. The Contractor may provide services to include, but are not limited to:

1. Vaccinations/Boosters

2. Antibiotic Injections

3. Castration

4. Cryptorchid Castration

5. Wound Care

6. Coggins Test for Equine Infectious Anemia (EIA) and Supplies

7. Emergency Care (1-hour response time), including Euthanasia

8. Health Certificates for shipping

9. Animal Health Site Inspections

10. Farm Call

11. IUD

12. Spay

b. Number of horses and burros needing various veterinary services is estimated to be 1,000 animals. A minimum of one weekly visit to the facilities can be anticipated.

c. Contractor to provide all needed supplies for services and will include this in the price with the exception of vaccines that will be provided by the BLM unless otherwise requested from the BLM at which time the price of the vaccines will be included. BLM personnel will assist when the need to restrain animals for the Veterinarian is required. BLM will use agency-identified procedures in order to protect the health and welfare of all associated personnel and the equine being treated. The BLM reserves the right to perform any services in the care and treatment of equine, under the guidance of the Veterinarian, at the Contract Officer Representative’s (COR) discretion. For example: after Veterinarian examination, BLM may administer penicillin and/or vaccines.

d. The performance of all services shall be at the discretion of the COR. However, BLM personnel reserve the right to complete any of the above tasks, except drawing blood for EIA testing.

Specific Veterinary Services to be performed are as follows:

a. Contractor shall dispose of all infections waste material in accordance with the County Health and OSHA (1910.1030) regulations.

b. When the use of needles is required (i.e. vaccinating, drawing blood) a sterile needle shall be used for each animal. The contractor shall provide containers and will dispose of all sharps and syringes in accordance with County Health and OSHA regulations.

c. Upon request by the COR, inspect wild horse or burros upon their arrival at the Delta Facility. An inspection report shall be prepared by the veterinarian which shall be provided to the COR at the end of that specific inspection.

d. Draw, prepare, and ship blood samples to the State Animal Disease Control Lab for testing for Equine Infectious Anemia. Blood to be handled in accordance with County District Health and OSHA regulations.

Prepare a Coggins form for each animal sampled and provide test results to the COR. This Service is performed annually and periodically throughout the year and can be a significant workload when performed on as many as 300 animals at one single point in time.

e. Control internal parasites by use of de-worming products to be administered by the veterinarian or BLM personnel under the advice of veterinarian. (Product to be mutually agreed upon).

f. Treat sick and injured animals and advise BLM personnel in the administration of continued treatment (e.g., administration of penicillin).

g. Diagnose sick animals for treatment that can be administered by BLM personnel.

h. Issue and prepare health certificates for interstate shipment of horses and burros.

i. As requested by the COR, provide in writing a report titled “Death Report”. Report shall include the probable cause of death of horses that die at or en route to the facility. This report shall be provided to the COR upon its completion.

j. In emergency situations, humanely euthanize wild horses or burros and provide a written report of the reason to the COR.

k. Collect tissue samples from post-mortem examinations as directed by the COR.

l. Geld stallions or jacks by the accepted method prescribed by the American Association of Equine Practitioners (AAEP). Veterinarian shall furnish scalpel, emasculator or the Henderson Castration Tool. The address and phone number of the AAEP is 4075 Iron Works Pike, Lexington, KY 40511; (606)233-0147.

m. Vaccinate against respiratory and other infectious diseases and advise BLM Personnel on the inoculation process.

n. Shall have access to a portable x-ray machine and perform the services required to obtain x-rays on an as needed basis.

o. Shall advise BLM and present to the COR, throughout the life of this contract, a pro-active health care plan for the approach to be used in maintaining good health containing and preventing the spread of disease in equines.

p. Shall perform treatments, as needed, for miscellaneous lameness.

q. Shall perform, as needed miscellaneous surgeries.

Responsibilities of BLM

a. BLM will provide all equipment (i.e., chute, corrals, whip flags, ropes, etc.) necessary to perform these veterinarian services to ensure safety to the animals and all personnel whether government or contract.

b. BLM representative will provide the following information to the contractor:

1. Number of horses to be prepped, vaccinated, boost vaccinated and/or gelded and scheduled days to perform the work.

2. The need for any vaccines to be provided by the contractor prior to doing any preparation work.

c. BLM will provide for the maintenance and upkeep of the equipment used by the contractor for use in doing any veterinarian work at the facility. The contractor shall notify the PI or COR of any observed equipment problems that need attention.

Government Furnished Equipment/Materials/Supplies

a. Hydraulic Chute and alley system including corral panels and gates.

b. Ropes, whip flags, and any other equipment needed to properly move and/or restrain animals.

c. Vaccinations and booster shots unless otherwise requested by the COR or other BLM representative.

Qualifications / Award / Past Performance

a. Qualifications

1. The Contractor shall be registered with the Utah Division of Occupational and Professional Licensing (DOPL) as a Veterinarian licensed to practice in the State of Utah.

2. The Contractor shall be federally accredited through the USDA-Animal Plant Health Inspection Service, Veterinary Services Division.

3. The Contractor shall have a minimum of 5 years experience in dealing with the practice of equine medicine and diagnostics.

4. The Contractor shall have a minimum of 1-year experience in working and handling wild horses, including anesthesia requirements and other animal specific necessities when dealing with mustangs.

b. Award

Award will be made to the contractor whose quotation conforms to the solicitation and is considered to represent the best value to the Government, after considering Qualifications, Past Performance, and Price. In making a best value determination, the Government considers Qualifications and Past Performance when combined as being significantly more important than price.

Technical Factors:

Qualifications-

1. The Contractor shall be registered with the Utah Division of Occupational and Professional Licensing (DOPL) as a Veterinarian licensed to practice in the State of Utah. Can provide a form of proof (online screen print, certificate, etc.)

2. The Contractor shall be federally accredited in the State of Utah through the USDA- Animal Plant Health Inspection Service, Veterinary Services Division. Can provide accreditation number or any other form of proof (online screen print, certificate, etc.).

3. The contractor shall hold a Utah controlled substance license and a DEA registration to administer, possess, or prescribe a controlled substance in their practice of medicine in Utah. Can provide any form of proof (copy of registration certificate, online screen print, etc.)

4. The Contractor shall have a minimum of 5 years of experience in dealing with the practice of equine medicine and diagnostics.

5. The Contractor shall have a minimum of 1-year experience in working and handling wild horses, including anesthesia requirements and other animal specific necessities when dealing with mustangs.

Response Time - Offerors shall address ability to respond to a call made by BLM personnel within the one

(1) hour timeframe listed in the statement of work.

The government intends to give one award to accomplish the needed work described in the Statement of Work. The Government reserves the right to either enter into an award without further discussion or enter into discussions. Therefore, contractors are encouraged to submit their most favorable offer initially.

Past Performance: Past performance is an indicator of a contractor’s ability to perform the contract.

Contractors should identify Federal, state, and local government, and private contracts fulfilled that were similar in size and scope to this requirement. Timeliness, quality of service, and overall performance will be evaluated. Additionally, contractors are advised the Government may use data provided by sources other than the contractor to evaluate past performance. This information may be obtained from questionnaires or interviews with project managers, Contracting Officers and other sources known or found by the Government. The Government may also use information from previous source selections or contractor capability assessments if the information is recent and relevant.

Three past performance references must be submitted to the contracting officer by email no later than the date of closing for the solicitation at vmeier@blm.gov. References must indicate familiarity with the size, scope and requirements of similar contracts performed.

Price - Bid Schedule

See the bid schedule below for description of the anticipated schedule of required services. An itemized bid schedule must be returned completed as part of the proposal package (separate spreadsheet with Bid Schedule for the base year plus 4 option years is attached to this solicitation).

Description Units Estimated Quantity Per-Unit Price

Extended Price

Coggins Test & Supplies Tests 700

Castrations Surgeries 300

Cryptorchid Castrations Surgeries 25

Emergency Care Service, including Euthanasia Visits 10

Misc. Veterinary Care & Supplies Visits 15

Health Certificates Load 30

Farm Call Visits 40

Animal Site Inspections Visits 52

Liquid Nitrogen to be used by BLM Liters 150

IUD Procedure 20

Spay Surgeries 20

Total

Section 2 – Contract Clauses 52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/browsefar https://www.acquisition.gov/browsefar

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) 52.204-22 Alternative Line Item Proposal (JAN 2017) 52.232-1 Payments (APR 1984) 52.232-11 Extras (APR 1984) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) 52.237-3 Continuity of Services (JAN 1991) 52.242-15 Stop-Work Order (AUG 1989) 52.242-17 Government Delay of Work (APR 1984)

52.203-18 Prohibition on Contracting w al Confidentiality Agreements or Statements-Representation (JAN 2017)

(a) Definition.

“Internal confidentiality agreement or statement,” “subcontract”, and “subcontractor”, as used in this provision, are defined in the clause at 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(b) In accordance with 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), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(End of Clause)

52.217-8 Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor.

The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of clause)

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years and 6 months.

(End of clause)

*Special Notice: To combat national security and intellectual property threats that face the United States, Section 889 of the John S. McCain National Defense Authorization Act (NDAA) includes two prohibitions regarding certain telecommunications, video surveillance equipment and services (telecom). Part A, effective August 13, 2019, states the government may not obtain nor can a contractor provide certain telecom produced by the following companies or their subsidiaries and affiliates: Huawei, ZTE Corporation, Hytera Communications, Hangzhou Hikvision, and Dahua Technology Company. Part B, effective August 13, 2020, prohibits the government from contracting with any company that uses certain prohibited telecom, as a substantial or essential component of any system, or as critical technology as part of a system, produced by any of the companies, regardless of whether or not that usage is in performance of work under a government contract. The Part B prohibition applies to every business sector and every dollar amount. In making its representation to the government, a contractor must evaluate all systems it uses for prohibited telecom equipment and services.

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020)

(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).

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 Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (JAN 2017)

(a) Definition.

https://acquisition.gov/content/part-4-administrative-and-information-matters#id1989GI040ZO https://dibnet.dod.mil/ https://dibnet.dod.mil/

“Internal confidentiality agreement or statement,” “subcontract”, and “subcontractor”, as used in this provision, are defined in the clause at 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(b) In accordance with 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), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(End of Clause)

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

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by

EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608- 2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C.