Sol_140L5721Q0013.pdf

140L5721Q0013

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

02/25/2021 0040523702

1 50

440 WEST 200 SOUTH, SUITE 500

SALT LAKE CITY UT 84101

BLM UT-STATE OFC ADM SVCS BR(UT952)

04/14/2022

Sutherland Off-Range Corrals

Sutherland

UT 84624

801 539-4040Vicki Meier

03/25/2021 1700 MD

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Sutherland Veterinary Services

Attached is our combined synopsis/solicitation for Veterinary Services provided to the Sutherland Wild Horse & Burro Off-Range Corral (ORC). Firm fixed unit price quotes are requested under this RFQ. The pages following this form incorporate the Statement of Work, Vendor Response Form, and contract provisions and clauses. This is solicitation is a total Small Business Set Aside under NAICS 541940 - Veterinary Services with a size standard of $8M or less gross annual receipts.

Questions are due no later than 5:00PM MDT, 03/15/2021. Interested vendors may submit written 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 50

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

140L5721Q0013 questions via email to Vicki Meier -vmeier@blm.gov.

Offers must be submitted via email to the Buyer, Vicki Meier, vmeier@blm.gov.

Legacy Doc #: BLM

Period of Performance: 04/15/2021 to 04/14/2022

00010 Base Year - Veterinary Care Services at

Sutherland Off-Range Corrals

Product/Service Code: R416

Product/Service Description: SUPPORT-

PROFESSIONAL: VETERINARY/ANIMAL CARE

Delivery: 04/14/2022

00020 Option Year 1 - Veterinary Services at Sutherland

Off-Range Corrals

(Option Line Item)

04/01/2022

Product/Service Code: R416

Product/Service Description: SUPPORT-

PROFESSIONAL: VETERINARY/ANIMAL CARE

Period of Performance: 04/15/2022 to 04/14/2023

00030 Option Year 2 - Veterinary Services at Sutherland

Off-Range Corrals

(Option Line Item)

04/01/2023

Product/Service Code: R416

Product/Service Description: SUPPORT-

PROFESSIONAL: VETERINARY/ANIMAL CARE

Period of Performance: 04/15/2023 to 04/14/2024

00040 Option Year 3 - Veterinary Services at Sutherland

Off-Range Corrals

(Option Line Item)

04/01/2024

Product/Service Code: R416

Product/Service Description: SUPPORT-

PROFESSIONAL: VETERINARY/ANIMAL CARE

Period of Performance: 04/15/2024 to 04/14/2025

00050 Option Year 4 - Veterinary Services at Sutherland

Off-Range Corrals

(Option Line Item)

04/01/2025

Product/Service Code: R416

Product/Service Description: SUPPORT-

Continued ...

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

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 50

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

140L5721Q0013

PROFESSIONAL: VETERINARY/ANIMAL CARE

Period of Performance: 04/15/2025 to 04/14/2026

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

Document No. 140L5721Q0013 – Combined Synopsis/Solicitation – Sutherland Veterinary Services

Combined Synopsis/Solicitation

This is a combined Synopsis/Solicitation for Veterinary Services at the Sutherland 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 140L5721Q0013. 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 $8M.

A vendor response form is provided for your convenience. This form is not mandatory.

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: 140L5721Q0013 –

Sutherland Veterinary Services, to vmeier@blm.gov, no later than 03/15/2021.

Responses due, via email, 5:00 pm MDT, March 25, 2021 to:

Vicki Meier, Buyer vmeier@blm.gov

Statement of Work Sutherland, Utah Wild Horse & Burro Off-Range Corral (ORC) Veterinary Contract

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. Horses are then placed in private maintenance through the BLM adoption and sales programs, or into off-range pastures throughout the country.

b. The Sutherland ORC, located in Sutherland, Utah, is owned and operated by Greg & Randie Smith.

c. The facility has a working area where horses are cared for and prepared for adoption. This facility is covered allowing work to occur year-round for veterinary care, hoof care, and other needs as they occur. The facility has the maximum capacity of holding up to 1,000 horses, with expansion to up to 2,000 being considered with future operations.

d. The facility has a mission that is four-fold in nature: (1) receive horses from gathers and evaluate them individually for off-range care, (2) preparation of horses for adoption or sale, (3) extended care for the horses that may be limited to a period of a few months to several years, and (4) sorting, preparation, and shipping of horses to other ORC’s, off-range pastures, adoption events, or competition sites across the country.

e. 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 40 horses in one load.

http://www.sam.gov/ mailto:vmeier@blm.gov

f. The BLM WH&B helicopter gathering season runs year-round for burros and is limited to approximately July 1 through March 1 for horses. The number of horses in the facilities can fluctuate depending on National Program needs.

Gathering horses by way of bait and water trapping occurs year-round for both horses and burros, thus the facilities can receive horses from gathers any time of the year. Those wild horses and burros needing to be prepared for adoption or sale coincides with the gathering season and excess animal removed from the range. Numbers of horses in the facilities will vary greatly depending on numbers of horses shipped in from gathers from within Utah and surrounding states.

Objective:

a. The primary objective of this contract is to provide veterinarian services to wild horses on an “as needed” basis at the Sutherland ORC, located in Sutherland, Utah.

b. The period of performance for this requirement is 04/15/2021 to 04/14/2022, with the Government’s option to exercise up to four 1- year option periods.

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/Surgery

5. Wound Care

6. Coggins Test – for Equine Infectious Anemia (EIA)

7. De-worming

8. Micro-chip injections

9. Euthanasia

10. Emergency Care (1 hour response time upon receiving a phone call request)

11. Health Certificates for shipping

12. Individual animal ID & exam through the chute

13. Animal Health Corral Inspections (weekly)

b. Average number of horses needing various veterinary services annually is estimated to be 1,500 horses. A minimum of one or more weekly visit to the facilities can be anticipated. When horses are being prepared for adoption and/or sale, 2-3 days a week should be anticipated until all the horses have been prepared. Also, at times of gelding male horses, 2-3 days a week should be anticipated until all horses have been gelded.

c. Contractor to provide all needed supplies for services and will include this in the price estimate submission. Vaccines will be provided by the BLM unless otherwise requested from the BLM, at which time the price of the vaccines will be reimbursed. BLM and ORC contract personnel will provide assistance when there is a need to restrain horses for Veterinarian care. 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/Project Inspector (COR/PI) 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/PI. 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 Facility – often within 12-24 hours after arrival. An inspection report shall be prepared by the veterinarian which shall be provided to the COR/PI at the end of that specific inspection period.

d. Draw blood samples from each wild horse that arrive at the facilities and prepare and ship those samples to the State Animal Disease Control Lab for testing of 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/PI. This Service is performed annually and periodically throughout the year and can be a significant workload when performed on as many as 1,000 horses at a given 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. Insert micro-chips (provided by BLM) for all horses that arrive at the facilities.

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

h. Diagnose sick horses for treatment that can be administered by BLM or contact personnel.

i. Issue and prepare health certificates for interstate shipment of horses.

j. As requested by the COR/PI, provide in writing a report titled “Death Report”. It needs to include the probable cause of death of horses that die at the facility or those arriving at the facility. This report shall be provided to the COR/PI upon its completion.

k. A necropsy of individual horses may be requested at the discretion of the COR/PI; or horses may be shipped to a State Veterinary Diagnosis Laboratory for analysis.

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

m. Collect tissue samples from postmortem examinations as directed by the COR.

n. Geld stallions 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.

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

p. 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.

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

r. Shall perform, as needed miscellaneous surgeries.

s. Shall perform individual inspections of horses when requested as they are worked through the facility chutes.

Responsibilities of BLM or ORC Contractor

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 horses 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, vaccination boostered 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 or its ORC Contractor 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 should notify the COR/PI 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 move and/or restrain horses properly.

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

Qualifications / Evaluation

a. Technical 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.

5. The Contractor must be able to respond to requests by BLM within one (1) hour.

b. Past Performance

Three past performance references must be submitted to the buyer 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.

c. 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.

The government intends to give one firm, fixed price 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.

The closing date for receipt of quotations is 03/25/2021.

Vendor Response Form

See the vendor response form below for description of the anticipated annual schedule of required services. An itemized bid schedule must be returned completed as part of the proposal package.

Vendor Response Form **(Please see the Qualifications/Evaluation criteria listed in the Statement of Work. This form is optional.)**

Vendor Name:

DUNS:

1. Technical Capability: Offeror must demonstrate the following:

a. Registration with Utah Division of Occupational and Professional Licensing (DOPL) as a

Veterinarian licensed to practice in the State of Utah.

b. Federal accreditation through the USDA-Animal Plant Health Inspection Service, Veterinary Services Division.

c. Minimum of 5 years of experience in dealing with the practice of equine medicine and diagnostics.

d. Minimum of 1 year experience in working and handling wild horses, including anesthesia requirements and other animal specific necessities when dealing with mustangs.

e. 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.

2. Past Performance: Vendor shall provide three past performance refences. References must indicate familiarity with the size, scope and requirements of similar contracts performed. The Government may also, at its discretion, base past performance on past knowledge and previous experience with the contractor, supply or service being provided, customer survey or other reasonable basis.

3. Price: Vendor must provide a quote for the base and each of the option years as outlined on the attached Bid Schedule.

Description Units Estimated Quantity

$ Unit Price Base Year

$ Unit Price Option Yr 1

$ Unit Price Option Yr 2

$ Unit Price Option Yr 3

$ Unit Price Option Yr 4

Coggins Test & Supplies Tests 2,900 Castrations Surgeries 1,000 Cryptorchid Castrations Surgeries 25 Emergency Care Service Visits 10 Misc. Veterinary Care Visits 30 Misc. Veterinary Supplies Visits 40 Health Certificates Load 60 Farm Call Visits 100 Animal Health Corral Inspections Visits 100 Individual Animal ID & Inspection Inspections 1,600 Micro-chip Animal Inspections Inspections 1,600

SUBTOTALS

TOTAL, BASE PLUS ALL OPTION YEARS

*Actual tasks per year will be adjusted depending upon needs throughout the year. Coordination must be made with the COR to determine ongoing needs.

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

52.203-3 Gratuities (APR 1984) 52.203-16 Preventing Personal Conflicts of Interest (JUN 2020) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 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) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) 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) 52.242-15 Stop-Work Order (AUG 1989) 52.242-17 Government Delay of Work (APRIL 1984) 52.245-1 Government Property (Jan 2017) 52.245-9 Use and Charges (Apr 2012) 52.246-4 Inspection of Services – Fixed Price (AUG 1996) 52.246-16 Responsibility for Supplies (Apr 1984)

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);

https://www.acquisition.gov/browsefar

(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.

https://dibnet.dod.mil/

(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.

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

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. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government

Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C.

1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jan 2021)

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

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

(Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C.

4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).

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

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

X (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).

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

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved]

X (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

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

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

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

X (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)).

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

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

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

__ (v) Alternate IV (Jun 2020) of 52.219-9

__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644©).

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

X (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).

X (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) (15 U.S.C. 632(a)(2)).

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

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644©).

__ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).

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

X (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).

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

X (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

X (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C.