Sol_140P4324Q0004.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

PNN

Building I-1 Charlestown Navy Yard Boston National Historical Park

NPS, NER - NE MABO

0009060045 CODE 16. ADMINISTERED BYCODE

X

X

X

333112

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORPNN

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

12/19/2023 1400 ES

12/04/2023

(617)242-5681Janice Boscoe (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140P4324Q0004

5. SOLICITATION NUMBER

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

1 33 0040641136OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

Boston MA 02129-4543

TELEPHONE NO.

17a. CONTRACTOR/

Bar Harbor ME 04609 20 Mcfarland Hill Drive NPS, Acadia Nat. Park

15. DELIVER TO

Boston MA 02129-4543 Building I-1 Charlestown Navy Yard Boston National Historical Park

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

1,500

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

NPS, NER - NE MABO

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

ACAD HAND FED WOODCHIPPER

A. The National Park Service, Northeast Region, New England Major Acquisition Buying Office issues this Request for Quote (RFQ) for a firm fixed priced Purchase Order to purchase 2 Hand Fed Woodchippers, (commercially available off-the-shelf (COTS)), in accordance with the PART B Specifications, and as stated in the Statement of Work, for Acadia National Park, Bar Harbor, Maine.

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

Juan Roman

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

B. The Government anticipates awarding one firm fixed price purchase order resulting from this

Request for Quote.

C. A current Contractor registration is required on the System for Award Management (SAM) website, https://www.sam.gov. An offeror must ensure that they are self-certified as a small business under

NAICS Code 333112 Lawn and Garden Tractor and

Home Lawn and Garden Equipment, in the

Representations and Certifications portion of

SAM. Contractors shall submit quotes electronically to Janice Boscoe at janice_boscoe@contractor.nps.gov.

D. Delivery is required by January 31, 2024.

Delivery: 01/31/2024

Period of Performance: 12/26/2023 to 01/31/2024

00010 HAND FED WOODCHIPPER (commercially available 1 EA

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 33

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

140P4324Q0004 off-the-shelf (COTS))

Product/Service Code: 3710

Product/Service Description: SOIL PREPARATION

EQUIPMENT

00020 HAND FED WOODCHIPPER (commercially available 1 EA off-the-shelf (COTS))

Product/Service Code: 3710

Product/Service Description: SOIL PREPARATION

EQUIPMENT

COR: Daniel Meggison

EMAIL: Daniel_Meggison@nps.gov

PHONE: 207-288-8767

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation 140P4324Q0004.

Point of Contact: Janice_Boscoe@contractor.nps.gov

PART A: GENERAL INFORMATION:

This is a SOLICITATION for commercial items prepared in accordance with the format in the Federal Acquisition Regulations (FAR) Subpart 12.6, as supplemented with additional information included in this notice. The National Park Service contemplates award of a firm fixed price contract as a result of this solicitation to the vendor. This announcement constitutes the only solicitation issued as Request for Quotation (RFQ) 140P4324Q0004. FAR clauses and provisions enclosed within this RFQ are those in effect through Federal Acquisition Circular (FAC) 2023-05 and are available in full text through Internet access at http:// www.acquisition.gov/far/.

Point of Contact:

National Park Service Contract Specialist

Name: Janice Boscoe

Email: Janice_Boscoe@contractor.nps.gov

The acquisition is in support of Acadia National Park.

This is a 100% Total Small Business Set Aside. The North American Industry Classification System (NAICS) code is 333112. The small business size standard is 1,500 employees.

Award Selection Process:

Award will be made in accordance with FAR Part 13 to the offeror that provides the lowest price offer that meets the technical specifications and prior experience.

1. Price.

2. Technical: Provide a project narrative that demonstrates how the company will successfully meet the needs of the statement of work.

3. Prior experience: Prior experience is the factual documentation or narrative of a firm’s experience, qualifications, and capability, to meet the acceptability standard provide three examples of if similar size, scope and complexity.

INSTRUCTIONS TO OFFERORS:

Quotes must be in accordance with and in the order detailed in this section. Failure to submit quotes according to the instructions provided within the solicitation may result in the respondent’s quote not being considered for award.

All interested parties shall be registered in the System for Award Management or SAM at time an offer or quotation is submitted.

The offerors shall submit a quote to the contracting specialist by email to

JANICE_BOSCOE@CONTRACTOR.NPS.GOV.

Offers MUST submit the following information in its entirety to be considered for award:

a) Checklist for quote submittal:

This page of the solicitation completed as the first page in the package (a, b and c). ☐

Signed acknowledgement on SF 1449 ☐

All amendments acknowledged using one of the methods set forth in Box 11 of the SF-30, if applicable ☐

Completed Provisions (MANDATORY 52.204-24, 52.204-26, 52.209-11, 52.212-3, and others as applicable) ☐

Provide a specification package that complies with the required specifications listed in PART B ☐

Offerors shall submit a Firm-Fixed Price (FFP) proposal by completing the Price Schedule above.

The total price noted on the Price Schedule will be used in the Price evaluation. The NPS shall analyze prices, in accordance with the FAR. Pricing must be determined fair and reasonable. The offeror may be requested to provide other than cost and pricing data to support the proposed prices.

The Government will evaluate offers for award purposes based on total price. ☐

Successful offeror will provide an equipment list to meet the minimal technical requirements/specification as stated in PART B: DESCRIPTION/SPECIFICATIONS and in the Statement of Work. This list shall include make, model, pricing, and salient characteristics of each item listed.

Does the proposed HAND FED WOODCHIPPERS meet the stated minimal technical requirements/specifications as stated in PART B: DESCRIPTION/SPECIFICATIONS? ☐

Offerors MUST have an Active Registration in SAM (www.sam.gov), and be registered as a

Small Business. ☐

NOTE: Any offer that does not address any of the requirements of this solicitation may be considered unacceptable for award. The Government reserves the right to open discussions with all offers if needed.

All pricing shall be valid for a period of 90 days from the date of receipt of proposal.

b) Price Schedule:

Item Number Description Price

00010 HAND FED WOODCHIPPER $

00020 HAND FED WOODCHIPPER $

Total $

c) Contractor Core Data:

Offerors Name:__________________________________________________________________

Offerors Address:________________________________________________________________

Offerors Unique Entity Identifier (UEI):_______________________________________________

Offerors POC:___________________________________________________________________

Offerors Phone/Email:_____________________________________________________________

PART B: DESCRIPTION/SPECIFICATIONS:

BACKGROUND:

The National Park Service, Acadia National Park intends to purchase two (2) hand-fed woodchippers for processing trees, branches, and limbs. This equipment will support projects on Mount Desert Island and the Schoodic District of Acadia National Park. Maintaining roads and scenic vistas free of hazard trees and obstacles such as overgrown vegetation is key to safety and increases visitor enjoyment in areas of incredible scenic beauty. Park maintenance crews perform hazard tree removal and tree limbing throughout the year and require properly sized chippers to efficiently reduce the waste.

REQUIRED DELIVERY:

The chippers will be delivered F.O.B. destination to Acadia National Park, 20 McFarland Hill Rd. Bar Harbor, Maine 04609. Delivery shall be between the hours of 7:00 AM and 4:00 PM, Monday through Friday, excluding holidays.

Provide 24-hour advance notice of delivery.

REQUIRED SPECIFICATIONS: (Commercially Available Off the Shelf)

MINIMUM TECHNICAL REQUIREMENTS/SPECIFICATIONS:

Measurements:

o Capacity: 12” o Throat Opening: 14.25” x 17” o Feed Rate: 120 feet per minute o Noise Level: 80 decibels @ 50’

Dimensions:

o Length: 164” with feed tray closed o Width: 80” o Height: 98” o Weight: 5,500-6,000 pounds

Engine: Caterpillar C3.4, 74 horsepower diesel engine without clutch – Tier 4 Chassis:

o Mainframe constructed of ¼” x 2” x 4” rectangular tubing o Tongue constructed from 3/8” x 3” x 6” rectangular tubing o Suspension: Single 7,000 lbs. Torflex EZ-lube axle o Electric Brakes o Tires: (2) ST235/80R 16” tires mounted on 8-bolt spoke rims o Hitch: 2 position hitch mounting plate w/ a 2.5” pintle hitch & 5/16” link chains and safety chain hooks and lock clips o Tongue Jack: 5,000 lbs. “Bulldog” tongue jack, adjustable for height w/ 15” travel capacity and stationary foot pad Electrical:

o (1) 1,000 Cold Cranking Amp (CCA) battery o Electrical Plug: Sure flex 12’ coiled cord w/ 6 prong plug o Taillights: (2) LED taillights o Terminal Junction Box: 7 terminal heavy-duty junction box o Clearance Lights: (4) LED side clearance lights o License Plate Mount: (1) License plate mount w/ light o Taillight cover

Feed System:

o Slide Box o Down Pressure Springs: (2) 17” adjustable “easy climb” down pressure springs o Adjustments for Springs: 4 adjustments between 0” to 6” of travel before spring tension o Yoke Sides: (4) 1” x 1” x 11.5” replaceable “Phenolic” wear strips o Feed Wheels: (2) horizontal o Feed Wheel Dimensions: 16 3/8" wide x 7 1/2" diameter o Feed Wheel Teeth: Top & bottom wheels equipped with non-wrapping knife edge teeth, 1" high, full length of wheel.

o 2” Feed Wheel Shafts o Two Hydraulic Motors o Displacement: 15.9 CID o Feed wheel motor torque (each feed wheel): 6,329 (inch / pounds) o Feed wheel pulling power (each feed wheel): 1,688 (pounds) o Attachment: Tapered fit coupling system o Infeed Hopper Dimensions: 29" high x 54" wide o Infeed Thickness: 1/4" thick o Infeed Tray: 30”-fold down infeed tray. Safety control bar located on three sides of infeed hopper to allow actuation of feed wheels forward/neutral/reverse.

o Infeed Slope: 3 degrees

Cutting System:

o Drum Style o Dimensions: 24" diameter x 18 3/4" wide o Drum Construction: 3/8" drum skin with internal baffles o Four Knife Pockets o Knives: 5/8" thick X 5 1/2" wide X 9" long o Thrower: (12) total (6 per side) drum fan blades 1/4" thick X 8" long o Anvil: (4-sided) 1/2" thick x 4 1/2" x 18" o One adjustable vent on each side of the drum housing w/ removable vent covers o Chipper Shaft: 3" diameter chipper shaft, held in place by steel lock ring and hardness bolts o Chipper Bearings: (2) 2 7/16" bore, 4-bolt Pillow Block, greaseable and easily replaceable bearings. (48,000 ft/lbs. dynamic capacity & 53,000 ft/lbs. static capacity) o Chipper Hood constructed of 1/4" steel and fold back for easy access to drum.

Hood secured with removable locking pin

Hydraulic System:

o Open Center system o Filtration: 3 Micron return, 10-micron suction o Pump: Parker (gear style) o 8 GPM pump o Relief Pressure: 2,500 PSI o Hydraulic Hoses: 1/2" & 3/4" single and double braid o Hydraulic Hose Burst Pressure: 12,000 PSI

Discharge:

o Swivel: 360-degree manual swivel o Deflector: 3 position manual chip deflector

Fuel Tank:

o Capacity: 25-gallon steel fuel tank o Mount: Rubber Shock Mounted o Magnetic Drain Plug o Sight Gauge o Lockable Filler Caps

Hydraulic Tank:

o Capacity: 12-gallon steel hydraulic tank o Mount: Rubber Shock Mounted o Magnetic Drain Plug o Sight Gauge o Lockable Filler Caps

Safety:

o Chipper hood engine disable plug o Guards covering all moving parts o Drum lock bar o Electronic limit switch (prevents engine from being started) o Two “last chance” pull cables

Paper or electronic parts and service manuals

PART C: COMMERCIAL CONTRACT CLAUSES:

Clauses Section

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 address: http:// www.acquisition.gov/far/

52.203-12 Limitation on Payments to Influence Certain Federal Transactions

JUN 2020

52.204-1 Approval of Contract DEC 1989 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

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

NOV 2021

52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services

NOV 2023

52.219-6 Notice of Total Small Business Set-Aside NOV 2020

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

JUN 2020

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.233-6 Drug Free Workplace MAY 2001

52.247-34 F.o.b. Destination NOV 1991

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

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

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

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

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

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

FAR 52.252-2 Clauses Incorporated by Reference FEB 1998

FAR 52.252-6 Authorized Deviation in Clauses NOV 2020

FAR 52.212-5

Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services

NOV 2023

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

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

(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C.

3903 and 10 U.S.C. 3801).

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

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

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

[Contracting Officer check as appropriate.]

☒ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (NOV 2021)

(41 U.S.C. 4704 and 10 U.S.C. 4655).

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

☐ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June

2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

☒ (4) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

☒ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

☐ (6) [Reserved].

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

☐ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L.

111-117, section 743 of Div. C).

☒ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub.

L. 117-328).

☒ (10) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

☐ (11) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018)

(41 U.S.C. 2313).

☐ (12) [Reserved].

☐ (13) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C.657a).

☐ (14) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

☐ (15) [Reserved]

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

☐ (ii) Alternate I (Mar 2020).

☐ (iii) Alternate II (Nov 2011).

☐ (17) (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.

☐ (iii) Alternate II (Mar 2004) of 52.219-7.

☐ (18) 52.219-8, Utilization of Small Business Concerns (SEP 2023) (15 U.S.C. 637(d)(2) and (3)).

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

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

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

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

☐ (v) Alternate IV (SEP 2023) of 52.219-9

☐ (20) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

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

☐ (21) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

☐ (22) 52.219-16, Liquidated Damages-Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)). >

☐ (23) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022)

(15 U.S.C. 657f).

☒ (24) (i) 52.219-28, Post Award Small Business Program Rerepresentation (SEP 2023) (15 U.S.C. 632(a)(2)).

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

☐ (25) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned

Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

☐ (26) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns

Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

☐ (27) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

☐ (28) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

☒ (29) 52.222-3, Convict Labor (June 2003) (E.O.11755).

☒ (30) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (NOV 2023) (E.O.13126).

☒ (31) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

☒ (32) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

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

☒ (33) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

☐ (ii) Alternate I (July 2014) of 52.222-35.

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

☐ (ii) Alternate I (July 2014) of 52.222-36.

☒ (35) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

☒ (36) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

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

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

☐ (38) 52.222-54, Employment Eligibility Verification (MAY 2022). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products and commercial services as prescribed in FAR 22.1803.)

☐ (39) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008)

(42 U.S.C. 6962(c)(3)(A)(ii)).

☐ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

☐ (40) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun

2016) (E.O. 13693).

☐ (41) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun

2016) (E.O. 13693).

☐ (42) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (Oct 2015) of 52.223-13.

☐ (43) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (Jun 2014) of 52.223-14.

☐ (44) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

☐ (45) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (Jun 2014) of 52.223-16.

☒ (46) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

☐ (47) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

☐ (48) 52.223-21, Foams (Jun 2016) (E.O. 13693).

☐ (49) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

☐ (ii) Alternate I (Jan 2017) of 52.224-3.

☐ (50) (i) 52.225-1, Buy American-Supplies (OCT 2022) (41 U.S.C. chapter 83).

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

☐ (51) (i) 52.225–3, Buy American—Free Trade Agreements—Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501– 4732), Public Law 103–182, 108–77, 108–78, 108–286, 108–302, 109–53, 109–169, 109– 283, 110–138, 112–41, 112–42, and 112–43.

☐ (ii) Alternate I [Reserved]

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

☐ (iv) Alternate III (NOV 2023) of 52.225-3.

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

☐ (52) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

☒ (53) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

☐ (54) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section

862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

☐ (55) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

☐ (56) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

☐ (57) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

☐ (58) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV

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

☐ (59) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021)

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

☒ (60) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018)

(31 U.S.C. 3332).

☐ (61) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31

U.S.C.3332).

☐ (62) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

☐ (63) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

☐ (64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

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

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

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

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

[Contracting Officer check as appropriate.]

☐ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

☐ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter

67).

This Statement is for Information Only: It is not a Wage Determination Employee Class Monetary wage – Fringe Benefits

☐ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

☐ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014)

(29 U.S.C. 206 and 41 U.S.C. chapter 67).

☐ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

☐ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services-Requirements (May 2014) (41 U.S.C. chapter 67).

☐ (7) 52.222-55, Minimum Wages For Contractor Workers Under Executive Order 14026 (JAN 2022).

☐ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

☐ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

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

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

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

(e)

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

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

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

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

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

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

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

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

117-328).

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

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

(ix) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).

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

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

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

(xiii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

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

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

(xvi) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

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

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

(xix) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

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

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

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

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

(xxiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiv) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C.

3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232–40.

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

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

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.

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

Invoice to be on company letterhead with stated contract number.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 - 5 business days of the contract award date.

Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause)

FAR 52.217-8 Option to Extend Services NOV 1999

Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) February

PART D: INSTRUCTIONS TO OFFERORS:

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

The following factors shall be used to evaluate offers:

1. PRICE:

Offerors shall submit a Firm-Fixed Price (FFP) proposal by completing the Price Schedule above. The total price noted on the Price Schedule will be used in the Price evaluation. The NPS shall analyze prices, in accordance with the FAR. Pricing must be determined fair and reasonable. The offeror may be requested to provide other than cost and pricing data to support the proposed prices.

The Government will evaluate offers for award purposes based on total price.

Are the Unit Prices stated for each Contract Line Item (CLIN), are they totaled?

2. TECHNICAL CAPABILITY:

Successful offeror will provide an equipment list to meet the minimal technical requirements/specification as stated in PART B: DESCRIPTION/SPECIFICATIONS and in the Statement of Work. This list shall include make, model, pricing, and salient characteristics of each item listed.

The Government shall evaluate the proposed Technical Capability to determine the offeror's demonstrated ability to provide the required products in accordance with the stated specifications.

Does the proposed HAND FED WOODCHIPPERS meet the stated minimal technical requirements/specifications as stated in PART B: DESCRIPTION/SPECIFICATIONS?

3. PAST PERFORMANCE:

The Government will evaluate Past Performance by reviewing information available on the internet and other trusted Government sources on relevant project completed within the past three (3) years.

Vendor Responsibility. Federal Databases such as FAPIIS/CPARS will be utilized. Information recorded in FAPIIS and SAM and will be used to determine a contractor's responsibility.

Does the contractor meet the established business requirements?

4. Any offer that does not address any of the requirements of this solicitation may be considered unacceptable for award. The Government reserves the rights to open discussions with all offers if needed.

All pricing shall be valid for a period of 90 days from the date of receipt of proposal.

5. A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful

Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

FAR 52.212-2 Evaluation – Commercial Products and Commercial Services NOV 2021

PART E: SOLICITATION PROVISIONS

Provisions Section

All interested parties shall be registered in the System for Award Management or SAM at time an offer or quotation is submitted.

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov

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

JAN 2017

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership and Control of Offeror AUG 2020 52.204-20 Predecessor of Offeror AUG 2020 52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

NOV 2015

52.209-7 Information Regarding Responsibility Matters OCT 2018

52.212-1 Instruction to offerors-Commercial Products or Commercial Services

SEP 2023

52.219-1 Small Business Program Representations SEP 2023 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.246-2 Inspection of Supplies-Fixed Price AUG 1996

52.249-1 Termination for Convenience of the Government (Fixed Price) (Short Form)

APR 1984

52.249-8 Default (Fixed Price Supply and Service) APR 1984

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it ‘‘does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument’’ in paragraph (c)(1) in the provision at 52.204–26, Covered Telecommunications Equipment or Services— Representation, or in paragraph (v)(2)(i) of the provision at 52.212–3, Offeror Representations and Certifications– Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it ‘‘does not use covered telecommunications equipment or

FAR 52.252-1 Solicitation Provisions Incorporated by Reference FEB 1998 services, or any equipment, system, or service that uses covered telecommunications equipment or services’’ in paragraph (c)(2) of the provision at 52.204–26, or in paragraph (v)(2)(ii) of the provision at 52.212–3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(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. 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. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that—

(1) It ☐ will, ☐ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It ☐ does, ☐ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided;

and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does” in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-26 Covered Telecommunications Equipment or Services - Representation Oct 2020

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and “reasonable inquiry” have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representations. (1) The Offeror represents that it ☐ does, ☐] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable…