Sol_140P9724Q0076.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

PAK

Anchorage AK 99501-2327 240 W. 5th Ave, Room 114 NPS, ARO - Alaska Regional Office

0009060698 CODE 16. ADMINISTERED BYCODE

X

X

X

561720

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORPAK

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

08/08/2024 1700 AD

07/30/2024

9076443313Francisco Velasco (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140P9724Q0076

5. SOLICITATION NUMBER

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

1 63 0040666013OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

Kotzebue AK 99752-1029 PO Box 1029 171 3rd Ave NPS, Western Arctic Parklands

15. DELIVER TO

Anchorage AK 99501-2327 240 W. 5th Ave, Room 114

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$22

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

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

NPS, ARO - Alaska Regional Office

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

An Award from this solicitation will result in a firm fixed price order Period of Performance: 09/01/2024 to 08/31/2025

00010 Base Year: 9/01/2024 through 8/31/2025 Product/Service Code: S201 Product/Service Description: HOUSEKEEPING-

CUSTODIAL JANITORIAL

Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

Francisco Velasco

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REFERENCE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Delivery: 08/31/2025

00020 Option Year 1: 09/01/2025 through 08/31/2026

(Option Line Item)

Anticipated Exercise Date

Period of Performance: 09/01/2025 to 08/31/2026

00030 Option Year 2: 09/01/2026 through 08/31/2027

(Option Line Item)

Anticipated Exercise Date

Period of Performance: 09/01/2026 to 08/31/2027

00040 Option Year 3: 09/01/2027 through 08/31/2028

(Option Line Item)

Anticipated Exercise Date

Period of Performance: 09/01/2027 to 08/31/2028

00050 Option Year 4: 09/01/2028 through 08/31/2029

(Option Line Item)

Anticipated Exercise Date

Period of Performance: 09/01/2028 to 08/31/2029

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

63 2 of

Solicitation #140P9724Q0076

GENERAL INFORMATION:

This is a COMBINED SYNOPSIS / 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 combined synopsis/solicitation to the vendor. This announcement constitutes the only solicitation issued as Request for Quotation (RFQ) 140P9724Q0076 A WRITTEN SOLICITATION WILL NOT BE ISSUED. FAR clauses and provisions enclosed within this RFQ are those in effect through Federal Acquisition Circular (FAC) 2024-05 and are available in full text through Internet access at http:// www.acquisition.gov/far/.

Point of Contact:

Francisco Velasco Contracting Officer Contracting Operations West Email: Francisco_Velasco@nps.gov Phone: 907-644-3313

The acquisition is in support of the Northwest Arctic Heritage Center located in Kotzebue, Alaska

This is a 100% Total Small Business Set Aside. The North American Industry Classification System (NAICS) code is 561720 Janitorial Services The small business size standard is $22M.

SOLICITATIONS ARE DUE 8/08/2024 5:00 PM Alaska time

Scope of Work

Northwest Arctic Heritage Center

Custodial Services

1. FACILITY LOCATION AND BUILDING DESCRIPTION:

The National Park Service (NPS) NAHC is a two-story building with park administrative offices, visitor exhibit area, multi-purpose room and food preparation area, lobby, bathrooms, and small book store on the first floor; and mechanical rooms on both floors. The park administrative offices consist of five (5) individual offices, a large open space with eleven (11) cubicles, a mail/storage area, a break room, and a conference room. The lobby consists of an entry vestibule, small bookstore, receptionist station, two (2) alcoves, and two (2) bathrooms and includes floor to ceiling windows 20 feet high. The exhibit area contains floor, wall, and ceiling mounted displays along with handsets for listening to recorded information. The multi-purpose room includes a food preparation area with storage closet, stove, refrigerator, microwave, and 14 feet of counter space. There is a janitorial closet with tub with entrance from the kitchen. In addition to the main entry vestibule on the northeast side of the building there are two (2) entry vestibules—one each at the northwest and southeast end of the building.

2. SCOPE:

The Contract Holder shall provide all supervision, personnel, materials, tools, supplies and equipment (except as noted below in section 6), and shall coordinate, schedule and assure completion of all services described herein.

The personnel providing custodial services must have a basic knowledge of proper cleaning techniques, sanitation and disinfecting, and operation of equipment utilized in the performance of services. The work will be performed in accordance with the schedule below except as noted. For Federal holidays please see paragraph I. below “EXCEPTIONS TO SCHEDULE—FEDERAL HOLIDAYS.” Contract Holder will determine how much labor is needed to perform the tasks, what methods will be used to complete the job and which supplies, material and equipment are needed.

Services must be performed before 8:00 am and after 6:30 pm in the evening. Evenings begin at 6:30 pm if the building is not in use. If the building is in use, services should begin after 9:00 pm. Contract Holder must coordinate evening activities with the Designated NPS Representative to assure no disturbance to public meeting activities.

A. WESTERN ARCTIC NATIONAL PARKLANDS ADMINISTRATIVE OFFICES. This area includes offices, open office area with cubicles, mail area, break room, and conference room.

1. Frequency: Weekly

a. Vacuum clean all corridors in office spaces. This includes the vestibule area at the north (back or employee) entrance.

b. Empty trash cans. Replace trash can liners. Leave spare trash can liners in trash cans.

Remove trash from building and dispose of in dumpster provided at northwest corner of parking area.

c. Spot clean any spills on carpets if required.

d. Wash, clean, and disinfect counter in break room. Wipe down refrigerator / microwave exterior.

e. Clean and disinfect break room sink including fixtures.

f. Vacuum clean all floor spaces in offices and cubicles including under and around furniture.

g. Vacuum clean carpeting in conference room.

h. Dry mop break room floor. Mop up spills.

2. Frequency: Semi-annually (evening activity).

a. Clean all window interiors in office areas.

b. Damp wipe clean all window sills.

c. Mop all plastic mats under chairs.

d. Spot clean wall surfaces, particularly near the doorknobs and light switches.

e. Dust all horizontal surfaces of furniture in offices.

f. Clean all window exteriors once in the spring and once in the fall.

g. Wash all venetian blinds.

h. Dust vertical surfaces of walls, window frames, and doorways.

i. Strip, wax, and polish break room floor.

3. Frequency: Annually (evening activity).

a. Shampoo carpeting in all offices, corridors, and entries.

B. MULTI-PURPOSE ROOM AND FOOD PREPARATION AREA. This area includes a food preparation area, multi-purpose room, and storage area. The multi-purpose room will be utilized for special events by the NPS and community groups. The special event schedule will determine when services are required. User groups will be responsible for cleaning up after themselves.

1. Frequency: weekly.

a. Wash, clean, and disinfect counter in break room. Wipe down refrigerator / microwave exterior.

b. Clean and disinfect break room sink including fixtures.

a. Inspect area for damages. Notify Designated NPS Representative immediately if there is any damage. (Andrew Bell)

b. Dry mop multi-purpose room floor. Mop up spills.

c. Empty trash cans. Replace trash can liners. Leave spare trash can liners in trash cans. Leave

Recycling cans. Remove trash from building and dispose of in dumpster provided at northwest corner of parking area.

2. Frequency: Monthly

a. Mop floor in multi-purpose room including food prep area.

3. Frequency: Quarterly

a. Strip, wax, and polish floor including kitchen area.

C. BATHROOMS (2)

1. Frequency: Three times weekly—Monday, Wednesday, and Friday.

a. Clean and disinfect bathroom counters, soap dispenser(s), towel dispensers, sweep and mop floors, clean and disinfect toilets and sinks.

b. Wipe down stall dividers and doors. Disinfect handles and locks on stall doors.

c. Wipe down and disinfect entry door handles and surrounding area. Wipe entry doors and kick plates.

d. Empty trash cans. Replace trash can liners. Leave spare trash can liners in trash cans.

Remove trash from building and dispose of in dumpster provided at northwest corner of parking area.

e. Restock toilet paper and paper towel dispensers.

f. Urinal Cake replaced as needed.

g. Inspect bathrooms for damages, leaky faucets, water running; inoperative lights, etc., and contact Designated NPS Representative if any discrepancies noted. (Andrew Bell)

2. Frequency: every three months (evening activity).

a. Strip, wax, and polish floors.

D. EXHIBIT AREA (1)

1. Frequency: Three times weekly—Monday, Wednesday, and Friday.

a. Vacuum clean floor area.

b. Vacuum clean displays with a dust brush attachment.

c. Wipe down display case and Plexiglas display fronts.

EXCEPTION TO CONTRACTOR FURNISHED SUPPLIES: exhibit and furniture suppliers have provided the NPS with specific cleaners for furniture surfaces and Plexiglas exhibit cases and NPS shall provide those items and MSDS sheets.

d. Clean and disinfect handsets, including all buttons and flat spaces around handsets.

e. Inspect area for obvious damage and notify Designated NPS Representative if any damages noted. (Andrew Bell)

2. Frequency: Annually (evening activity).

a. Shampoo carpeting.

E. LOBBY, HALLWAY, MAIN ENTRANCE VESTIBULE, BOOKSTORE, and RECEPTIONIST STATION

1. Frequency: Three times weekly—Monday, Wednesday, and Friday.

a. Dry mop floors. Mop spills.

b. Clean and disinfect water fountains.

c. Vacuum clean bookstore area.

d. Vacuum clean receptionist seating area and office.

e. Vacuum clean carpet in main entry vestibule and hall to main lobby.

f. Wipe down doors, door handles, and clean windows and door glass of noticeable smears and smudges.

2. Frequency: Weekly.

a. Sweep stairwell to equipment room on second floor.

3. Frequency: Monthly.

a. Clean inside of lobby windows. This includes the two lowest panels of the tall windows on west side of building. The remainder of the window will be cleaned as in paragraph 4.a.

below.

4. Frequency: Quarterly (evening activity).

a. Strip, wax, and polish floors in conjunction with paragraph 2.C.2 above (bathrooms).

5. Frequency: Semi-annually, once in the spring and once in fall.

a. Clean inside and outside of lobby windows.

6. Frequency: Annually (evening activity).

a. Shampoo carpeting in all offices, corridors, and entries.

F. EXCEPTIONS TO SCHEDULE—FEDERAL HOLIDAYS

1. For all three times weekly (Monday, Wednesday, Friday) requirements whenever a Federal Holiday falls on or is celebrated on a Monday services will be performed the next day on Tuesday. Known Monday holidays are in January (second Monday, Martin Luther King Day), February (second Monday, Presidents Day), May (last Monday, Memorial Day), September (first Monday, Labor Day), and October (second Monday, Columbus Day).

2. For the five holidays that occur on specific calendar days (January 1, *June 19, July 4, November 11, and December 25), if any of these holidays fall on a Wednesday then the services will be performed the next day on Thursday but are not required on Friday. If any of these five days fall on a Friday or are celebrated on a Friday for weekend dates the services will not be required. If any of these holidays falls on a weekend and is celebrated on Monday the services will be performed on Tuesday instead.

3. Services will not be required the Friday after Thanksgiving (fourth Thursday of November).

3. PERFORMANCE STANDARDS:

The Contract Holder shall provide the technical effort necessary to achieve the defined standards for each of the tasks listed below.

A. SWEEP / MOP

Sweep/mop all non-carpeted floor surface areas, including corners so that after sweeping/mopping the floors are free of all visible litter, dust, soil, stains, film and foreign debris. When completed they shall have a uniform appearance and are free of streaks, marks, detergent residue and standing water. All items of furniture such as chairs shall be returned to their original position when sweeping is completed.

B. VACUUM CARPET / MATS

Vacuum all carpeted floor surface areas so that they are free of all visible litter, dust and dirt. All surface litter such as paper, rubber bands, paper clips, etc. shall be removed prior to vacuuming.

The Contract Holder shall move any chairs, trash receptacles and easily moveable items to vacuum underneath and then replace them in the original position.

C. BATHROOMS / FOOD PREPARATION AREAS / BREAK ROOM

All surfaces shall be free of grime, soap scum, mold and smudges and have a uniform sheen.

Contract Holder shall replace toilet paper, paper towels and soap in all dispensers.

D. FURNITURE / LEVEL SURFACES

Furniture and other horizontal and vertical surfaces including but not limited to desk tops, chairs, bookshelves, file cabinets, pictures, displays, corners, walls, counters, crevices, baseboards, doors, tables (tops and legs) window ledges, blinds shall be clean and free of dust and spider webs.

E. WINDOWS / LIGHTS

All windows, screens and lights, that are reasonably accessible without special equipment, shall be clean and free of film, hand marks, streaks and any other extraneous matter.

F. WASTE CONTAINERS

Waste containers including trash receptacles and wastebaskets shall be emptied and cleaned and maintained with clean liners, free of odors, visible dirt and trash.

4. PLACE/DELIVERY AND PERIOD OF PERFORMANCE:

The Period of Performance is:

Base Year: 09/01/2024 through 08/31/2025 Option Year 1: 09/01/2025 through 08/31/2026 Option Year 2: 09/01/2026 through 08/31/2027 Option Year 3: 09/01/2027 through 08/31/2028 Option Year 4: 09/01/2028 through 08/31/2029

Work shall be performed at the National Park Service, Western Arctic National Parklands Northwest Arctic Heritage Center located at 171 Third Ave., Kotzebue, AK 99752.

Services must be performed before 8:00 am and after 6:30 pm in the evening. Evenings begin at 6:30 pm if the building is not in use. If the building is in use, services should begin after 9:00 pm. Contract Holder must coordinate evening activities with the Designated NPS Representative to assure no disturbance to public meeting activities.

Call outs and special events. In addition to the schedule outlined above there may be a need for cleaning to occur following a special event. Services in 2.B.1 may be required on occasion if user groups do not clean up appropriately after special events.

Conduct of cleaning personnel. No children will accompany parents while performing work. All areas are non-smoking. Office equipment is not available for cleaning personnel use. Office equipment includes: telephones, photocopiers, fax machines, computers, conference phones, video monitors, and any other accessible office equipment.

5. INSPECTION AND ACCEPTANCE:

Inspection and acceptance shall be by the Designated NPS Representative assigned to administer the agreement. Inspection shall occur weekly or when services are provided.

6. CONTRACT HOLDER FURNISHED PROPERTY AND SUPPLIES:

Contract Holder shall furnish all labor, equipment, materials, chemicals, supplies, parts, tools and service to accomplish all tasks identified under this performance work statement. Equipment shall be used and maintained in accordance with the manufacturer's directions and meet all applicable OSHA standards.

Contract Holder shall provide Material Safety Data Sheets (MSDS) for all supplies they provide and these supplies shall, as much as practicable, be environmentally friendly and non-toxic.

EXCEPTION TO CONTRACTOR FURNISHED SUPPLIES: exhibit and furniture suppliers have provided the NPS with specific cleaners for furniture surfaces and Plexiglas exhibit cases and NPS shall provide those items and MSDS sheets. Contract Holder personnel will have access to janitorial closet and all equipment therein in the NAHC including mops, brooms, buckets, janitor cart, and consumable supplies.

As consumables are utilized Contract Holder will replace with same or like items.

7. SAFETY:

Contract Holder shall put in place safety measures to reduce the risk of injuries in the performance of work. Contract Holder will provide a copy of their safety plan to NPS. Should any accidents or injuries arise either to a person or property Contract Holder is to notify the Superintendent and cooperate fully in any investigation as necessary. The Northwest Arctic Heritage Center is built to the latest codes with smoke detectors and sprinklers located throughout the building. A floor plan of the building with egress routes annotated is attached to this document.

8. ACCEPTANCE / QUALITY ASSURANCE PLAN:

Contract Holder will develop a Quality Assurance Plan (QAP) within 60 days of contract start.

9. DELIVERABLES:

-Safety Plan

-Quality Assurance Plan

Appendix 1 Tables of Spaces

Northwest Arctic Heritage Center, 171 Third Avenue, Kotzebue, AK 99752 Room Floor Type Approximate Square Footage

Main Entrance/Vestibule Carpet 375 Main Lobby Slate 1985 Multi-purpose Room Tile 1350 Southwest Vestibule/Hall Carpet 175 Kitchen Tile 105

Exhibit Area Carpet 1515 Office Area Carpet 2160 Private Offices (5) Carpet 640 Bathrooms (2) Slate 350 Conference Room Carpet 370 Employee Break Area Tile 110 Bookstore Carpet 156 Front Desk/Office Carpet 175 Northwest Vestibule Carpet 10 Stairwell Tile 200

Total Square Footage 9464

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.

1. Price: Provide a quote for Base Year and Option Year 1, Option Year 2, Option Year 3, and Option Year 4

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

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 francisco_velasco@nps.gov

Offers shall submit the following information in its entirety:

a) Checklist for quote submittal:

• This page of the solicitation completed as the first page in the package ☐

• Signed acknowledgement of 1449 ☐

• Provide a project narrative that demonstrates how the company will successfully meet the needs of the scope of work. ☐

• Completed Provisions (including 52.204-24, 52.204-26, and others as applicable) ☐

• Completed the COR data of your organization (below) ☐

• Completed the Price Schedule (See attached Bid Schedule) ☐ mailto:francisco_velasco@nps.gov

b) Price Schedule:

Item Number Description – JANITORIAL SERVICES Price 00010 Base Year: 09/01/2024 through 08/31/2025 $

00020 Option Year 1: 09/01/2025 through 08/31/2026 $

00030 Option Year 2: 09/01/2026 through 08/31/2027

00040 Option Year 3: 09/01/2027 through 08/31/2028

00050 Option Year 4: 09/01/2028 through 08/31/2029 $

Total $

c) Contractor Core Data:

Offerors Name:__________________________________________________________________

Offerors Address:________________________________________________________________

Offerors Unique Entity Identifier (UEI):_______________________________________________

Offerors POC:___________________________________________________________________

Offerors Phone/Email:_____________________________________________________________

ATTACHEMENTS

1. WAGE DETERMINATION

Clauses Section

CLAUSES INCORPORATED BY REFERENCE

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): www.acquisition.gov (End of clause)

52.201-1 Acquisition 360: Voluntary Survey (Sep 2023) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Jun 2020)

52.203-17 Contractor Employee Whistleblower Rights (NOV2023) http://www.acquisition.gov/

52.204-8 Annual Representations and Certifications (MAY 2024)

52.204-13 System for Award Management. (OCT 2018)

52.204-18 Commercial and Government Entity Code Maintenance. (AUG 2020)

52.207-6 Solicitation of offers from Small Business Concerns and Small Business Teaming Arrangements or Joint Ventures (Multiple-Award Contracts) (Dec 2022)

52.211-1 Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29 (SEP 2023)

52.211-2 Availability of Specifications, Standards, and Data Item Descriptions Listed in the Acquisition Streamlining and Standardization Information System (ASSIST) (SEP 2023)

52.212-1 Instructions to Offerors— Commercial Products and Commercial Services. (SEP 2023)

52.212-3 Offeror Representations and Certifications—Commercial Products and Services. (NOV 2023)

52.212-4, Contract Terms and Conditions—Commercial Products and Commercial Services (NOV 2023)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services (MAY 2024)

52.213-4 Terms and Conditions— Simplified Acquisitions (Other Than Commercial Products and Commercial Services) (MAY 2024)

52.219-1 Small Business Program Representations. (SEP 2023)

52.219-8 Utilization of Small Business Concerns. (SEP 2023)

52.219-9 Small Business Subcontracting Plan.(SEP 2023)

52.219-28 Post-Award Small Business Program Representation. (SEP 2023)

52.222-19 Child Labor-Cooperation with Authorities and Remedies (DEC 2022)

52.223-1 Biobased Product Certification (MAY 2024)

52.223-2 Reporting of Biobased Products Under Service and Construction Contracts (MAY 2024)

52.223-3 Hazardous Material Identification and Material Safety Data (MAY 2024)

52.223-4 Recovered Material Certification (MAY 2024)

52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2024)

52.223-6 Drug-Free Workplace (MAY 2001) is redesignated as 52.226-7 Drug-Free Workplace (MAY

2024)

52.223-7 Notice of Radioactive Materials (MAY 2024)

52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2024)

52.223-10 Waste Reduction Program (MAY 2024) http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1895_263998

52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY

2024)

52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(MAY 2024)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) is redesignated as 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY

2024)

52.223-19 Compliance with Environmental Management Systems (MAY 2024)

52.223-20 Aerosols (MAY 2024)

52.223-21 Foams (MAY 2024)

52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation (MAY

2024)

52.223-23 Sustainable Products and Services (MAY 2024)

52.225-4 Buy American—Free Trade Agreements— Israeli Trade Act Certificate (DEC 2022)

52.225-5 Trade Agreements (DEC 2022)

52.225-11 Buy American—Construction Materials Under Trade Agreements. (DEC 2022)

52.225-23 Required Use of American Iron, Steel, and Manufactured Goods—Buy American Statute— Construction

Materials Under Trade Agreements (Dec 2022)

52.226-7 Drug-Free Workplace (MAY 2024)

52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024)

52.228-12 Prospective Subcontractor Requests for Bonds (DEC 2022)

52.232-31 Invitation To Propose Financing Terms. (DEC 2022)

52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR 2023)

52.237-9 Waiver of Limitation on Severance Payments to Foreign Nationals (DEC 2022)

52.242-3 Penalties for Unallowable Costs (DEC 2022)

52.244-6 Subcontracts for Commercial Products and Commercial Services (NOV 2023)

52.247-34, F.o.b. Destination (Nov 1991)

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. As prescribed in 4.2105(a), insert the following provision:

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 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— https://www.acquisition.gov/far/part-4#FAR_4_2105 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_25

(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.

https://www.sam.gov/

(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)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.As prescribed in 4.2105(b), insert the following clause:

PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

(a) Definitions. As used in this clause— Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

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

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

https://www.acquisition.gov/far/part-4#FAR_4_2105

(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–

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

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

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

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

(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

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

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

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

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

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

(b) Prohibition.

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

L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment , system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment , system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in

FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment , system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services , regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information ; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

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

(i) Within one business day from the date of such identification or notification: the contract number;

the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description;

and any readily available information about mitigation actions undertaken or recommended.

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

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

https://www.acquisition.gov/far/part-4#FAR_4_2104 https://www.acquisition.gov/far/part-4#FAR_4_2104 https://dibnet.dod.mil/ https://dibnet.dod.mil/

52.204-26 Covered Telecommunications Equipment or Services-Representation.

As prescribed in 4.2105(c), insert the following provision:

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)

(1) Representation. 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 inquiry for purposes of this representation, the offeror represents that it □ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

52.204-27 Prohibition on a ByteDance Covered Application.

As prescribed in 4.2203(c), insert the following clause:

PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)

(a) Definitions. As used in this clause—

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, “No TikTok on Government Devices” Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or https://www.acquisition.gov/far/part-4#FAR_4_2105 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.sam.gov/ https://www.acquisition.gov/far/part-4#FAR_4_2203 using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the…