Sol_140P9725Q0007.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

0011283386 CODE 16. ADMINISTERED BYCODE

X

X

562111

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

01/22/2025 1400 AS

12/30/2024

9072012581Janet Milson (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140P9725Q0007

5. SOLICITATION NUMBER

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

1 85 0044003543OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

Port Alsworth AK 99653-9999 General Delivery NPS, Lake Clark National Park

15. DELIVER TO

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

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$47

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.

Removal of Waste and Recyclables from Lake Clark National Park and Preserve.

See attached Statement of Work.

POC Marty Powell 406-224-2879 marty_powell@nps.gov and Secondary POC Liz Wilcox

(907) 290-0183 elizabeth_wilcox@nps.gov Period of Performance: 05/01/2025 to 04/30/2030

Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Janet Milson

. 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.

00010 Base Year: Waste & Recycle Disposal 05/01/2025 -

04/30/2026

Product/Service Code: S205

Product/Service Description: HOUSEKEEPING-

TRASH/GARBAGE COLLECTION

Period of Performance: 05/01/2025 to 04/30/2026

FIRM FIXED PRICE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

85 2 of

Solicitation #140P9725Q0007

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) 140P9725Q0007 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:

National Park Service Contracting Specialist

Name: Janet Milson

Email:

janet_milson@nps.gov

Phone: 907-201-2581

The acquisition is in support of Lake Clark National Park & Preserve, Port Alsworth, Alaska

This is a 100% Total Small Business Set Aside. The North American Industry Classification System (NAICS) code is 562111 Solid Waste Collection. The small business size standard is 47M.

Period of performance Base and 4 option years

Base contract 05/01/2025 – 04/30/2026 Option year 1 05/01/2026 – 04/30/2027 Option year 2 05/01/2027 – 04/30/2028 Option year 3 05/01/2028 – 04/30/2029 Option year 4 05/01/2029 – 04/30/2030

Quotes due 1/22/2025 2:00 PM

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.

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

Statement of Work

Lake Clark National Park and Preserve

Refuse Removal

Lake Clark requires the removal of trash and recyclables from Port Alsworth AK transported to a Recycling Center in Anchorage Alaska and an acceptable landfill. Contractor shall be responsible for all transportation and disposal costs. The Park will be asking for a base year plus 4 option years for this requirement.

Materials to be removed:

A) General recyclables:

• Aluminum

• Glass

• Tin cans

• Plastics #1 and #2

• Scrap metal

B) Landfill Waste:

• Incinerator Ash

• General land fill garbage (unrecyclable waste)

• Tires

• Appliances

C) Hazardous waste:

• Aerosol cans

• Bear Spray canisters.

• Batteries

• Electronic waste

Packaging:

National Park Service personnel shall have material properly packaged and ready for transport conforming to the specifications listed.

• General recyclables, incinerator ash, and general landfill garbage will be contained in super sacks.

• Appliances, tires, vehicle/boat batteries, and electronic waste will be palletized.

• General batteries will be packaged in sealed 5-gallon buckets.

• Aerosol and bear spray canister will be properly packaged and labeled in hazmat barrels ready for shipment.

• Scrap metal will be in a 5-cubic yard dumping hopper that is forklift ready and empty hopper shall be returned on next waste trip.

Frequency:

All waste contained in supersacks shall be removed from Port Alsworth a minimum of twice a year.

Once in the Spring/early summer June 1st to July 15th and once in the late summer/early fall August 15th to October 1st.

All other waste shall be removed at a minimum of once per summer June 1st through October 1st.

Average Weights:

Average weight table is included in Appendix A.

Government Provided Equipment:

• Scrap metal dumping hoppers. (these will need to be transported to the recycling center and dumped, then returned to Port Alsworth upon the next trip)

Measurement and Payment Bid Sheet:

Payment will be made per unit listed below:

Item Packaged Unit Price per unit

Aluminum Super Sack ___________

Glass Super Sack ___________

Plastic Super Sack ____________

Tin Cans Super Sack ____________

Incinerator Ash Super Sack ____________

General Landfill Super Sack ____________

Tires Pallet ____________

Appliances Pallet _____________

Aerosol Cans 55 Gallon Drum _____________

Bear Spray Canisters 30 Gallon Drum _____________

Batteries General 5 Gallon Bucket _____________

Batteries Car/Boat Pallet _____________

Electronic Waste Pallet _____________

Appendix A

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 janet_milson@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 ☐

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

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

• Completed Price Schedule ☐

• Completed Contractor’s CORE Data Information ☐

Product Unit Average weight Average per year Aluminum super sack 250 4

Glass super sack 850 3 Tin cans super sack 300 2 Plastics super sack 150 4

Incinerator Ash super sack 950 10 General Land fill super sack 450 12

Scrap Metal 5-yard Hopper 3000 2 Tires Pallet 400 2

Appliances Pallet 250 4 Aerosol cans 55-Gallon drum 100 2

Bear Spray canisters 30 Gallon drum 50 1 Batteries General 5-Gallon Bucket 50 1 Batteries car/boat Pallet 400 1 Electronic waste Pallet 150 1 mailto:janet_milson@nps.gov

b) Price Schedule:

Item Number Description Price 10 Base contract 05/01/2025 – 04/30/2026 $ 20 Option year 1 05/01/2026 – 04/30/2027 $ 30 Option year 2 05/01/2027 – 04/30/2028 $ 40 Option year 3 05/01/2028 – 04/30/2029 $ 50 Option year 4 05/01/2029 – 04/30/2030 $

Total $

c) Contractor Core Data information:

Offerors Name:__________________________________________________________________

Offerors Address:________________________________________________________________

Offerors Unique Entity Identifier (UEI):_______________________________________________

Offerors POC:___________________________________________________________________

Offerors Phone/Email:_____________________________________________________________

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) 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) 52.219-1 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) 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 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1895_263998 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)

52.204–28 Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023)

Prescription at 4.2306(a). In all Federal Supply Schedules, Governmentwide acquisition contracts, and multi-agency contracts where FASCSA orders are applied at the order level, the contracting officer shall insert the clause in the basic contract solicitation and resultant contract (see 4.2304(b)(1)(ii)).

52.204–29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures.

(DEC 2023)

Prescription at 4.2306(b). Insert the provision in all solicitations other than those containing 52.204-28.

52.204–30 Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC 2023)

Prescription at 4.2306(c). Insert the clause in all solicitations and contracts. Use the clause with its Alternate II in IDVs.

52.212–3 Offeror Representations and Certifications—Commercial Products and Commercial Services.

(NOV 2023)

https://www.acquisition.gov/far/part-52#FAR_52_204_28 https://www.acquisition.gov/far/part-52#FAR_52_204_28 https://www.acquisition.gov/far/part-4#FAR_4_2306 https://www.acquisition.gov/far/part-4#FAR_4_2304 https://www.acquisition.gov/far/part-52#FAR_52_204_29 https://www.acquisition.gov/far/part-52#FAR_52_204_29 https://www.acquisition.gov/far/part-4#FAR_4_2306 https://www.acquisition.gov/far/part-52#FAR_52_204_30 https://www.acquisition.gov/far/part-4#FAR_4_2306 https://www.acquisition.gov/far/part-52#FAR_52_212_3

Prescription at 12.301(c). The provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. This provision provides a single, consolidated list of representations and certifications for the acquisition of commercial products or commercial services and is attached to the solicitation for offerors to complete. This provision may not be tailored except in accordance with subpart 1.4.

52.212–4 Contract Terms and Conditions—Commercial Products and Commercial Services. (NOV 2023)

Prescription at 12.301(b)(3). This clause includes terms and conditions which are, to the maximum extent practicable, consistent with customary commercial practices and is incorporated in the solicitation and contract by reference (see Block 27, SF 1449). Use this clause with its Alternate I when a time-and-materials or labor-hour contract will be awarded. The contracting officer may tailor this clause in accordance with 12.302.

52.212–5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services. (NOV 2023)

Prescription at 12.301(b)(4). The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Products and Commercial Services. This clause incorporates by reference only those clauses required to implement provisions of law or Executive orders applicable to the acquisition of commercial products or commercial services. The contracting officer shall attach this clause to the solicitation and contract and, using the appropriate clause prescriptions, indicate which, if any, of the additional clauses cited in 52.212-5(b) or (c) are applicable to the specific acquisition. Some of the clauses require fill-in; the fill-in language should be inserted as directed by 52.104(d). When cost information is obtained pursuant to part 15 to establish the reasonableness of prices for commercial products or commercial services, the contracting officer shall insert the clauses prescribed for this purpose in an addendum to the solicitation and contract.

This clause may not be tailored.

52.217-4 Evaluation of Options Exercised at Time of Contract Award.

As prescribed in 17.208(b), insert a provision substantially the same as the following:

EVALUATION OF OPTIONS EXERCISED AT TIME OF CONTRACT AWARD (JUNE 1988)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate the total price for the basic requirement together with any option(s) exercised at the time of award.

(End of provision) https://www.acquisition.gov/far/part-12#FAR_12_301 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-1#FAR_Subpart_1_4 https://www.acquisition.gov/far/part-52#FAR_52_212_4 https://www.acquisition.gov/far/part-52#FAR_52_212_4 https://www.acquisition.gov/far/part-12#FAR_12_301 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items https://www.acquisition.gov/far/part-12#FAR_12_302 https://www.acquisition.gov/far/part-52#FAR_52_212_5 https://www.acquisition.gov/far/part-52#FAR_52_212_5 https://www.acquisition.gov/far/part-12#FAR_12_301 https://www.acquisition.gov/far/part-52#FAR_52_212_5 https://www.acquisition.gov/far/part-52#FAR_52_212_5 https://www.acquisition.gov/far/part-52#FAR_52_104 https://www.acquisition.gov/far/part-15#FAR_Part_15 https://www.acquisition.gov/far/17.208#FAR_17_208 https://www.acquisition.gov/far/17.206#FAR_17_206

52.222-19 Child Labor – Cooperation with Authorities and Remedies. (NOV 2023)

Prescription at 22.1505(b). Insert in all solicitations and contracts for the acquisition of supplies that are expected to exceed the micro-purchase thresholds.

52.225-3 Buy American—Free Trade Agreements—Israeli Trade Act. (NOV 2023)

Prescription at 25.1101 (b)(1)(i). Insert in solicitations and contracts if-

(A) The acquisition is for supplies, or for services involving the furnishing of supplies, for use within the United States, and the acquisition value is $50,000; or more, but is less than $183,000;

(B) The acquisition is not for information technology that is a commercial product, using fiscal year 2004 or subsequent fiscal year funds; and

(C) No exception in 25.401 applies. For acquisitions of agencies not subject to the Israeli

Trade Act (see 25.406), see agency regulations.

(ii) If the acquisition value is $50,000 or more but is less than $92,319, use the clause with its Alternate II.

(iii) If the acquisition value is $92,319 or more but is less than $100,000, use the clause with its Alternate III.

52.225-4 Buy American—Free Trade Agreements— Israeli Trade Act Certificate (NOV 2023)

Prescription at 25.1101 (b)(2)(i). Insert in solicitations containing the clause at 52.225-3.

(ii) If the acquisition value is $50,000 or more but is less than $92,319, use the provision with its Alternate II.

(iii) If the acquisition value is $92,319 or more, but is less than $100,000, use the provision with its Alternate III.

52.225-5 Trade Agreements (NOV 2023)

Prescription at 25.1101(c)(1). Insert in solicitations and contracts valued at $183,000 or more, if the acquisition is covered by the WTO GPA (see subpart 25.4) and the agency has determined that the restrictions of the Buy American statute are not applicable to U.S.-made end products. If the agency has not made such a determination, the contracting officer must follow agency procedures.

52.225-11 Buy American—Construction Materials Under Trade Agreements. (NOV 2023)

Prescription at 25.1102(c). Insert in solicitations and contracts for construction that is performed in the United States valued at $7,032,000 or more.

52.225-12 Notice of Buy American Requirement-Construction Materials Under Trade Agreements

((NOV 2023)

Prescription at 25.1102(d)(1). Insert in solicitations containing the clause at 52.225-11.

52.225-23 Required Use of American Iron, Steel, and Manufactured Goods—Buy American Statute— Construction Materials Under Trade Agreements (NOV 2023)

Prescription at 25.1102(e). For use in contracts using Recovery Act funding.

52.225-24 Notice of Required Use of American Iron, Steel, and Manufactured Goods-Buy American Statute-Construction Materials Under Trade Agreements (NOV 2023)

Prescription at 25.1102(e). For use in contracts using Recovery Act funding.

https://www.acquisition.gov/far/part-52#FAR_52_222_19 https://www.acquisition.gov/far/part-22#FAR_22_1505 https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://www.acquisition.gov/far/part-25#FAR_25_1101 https://www.acquisition.gov/far/part-25#FAR_25_401 https://www.acquisition.gov/far/part-25#FAR_25_406 https://www.acquisition.gov/far/part-52#FAR_52_225_4 https://www.acquisition.gov/far/part-25#FAR_25_1101 https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://www.acquisition.gov/far/part-52#FAR_52_225_5 https://www.acquisition.gov/far/part-25#FAR_25_1101 https://www.acquisition.gov/far/part-25#FAR_Subpart_25_4 https://www.acquisition.gov/far/part-52#FAR_52_225_11 https://www.acquisition.gov/far/part-25#FAR_25_1102 https://www.acquisition.gov/far/part-52#FAR_52_225_12 https://www.acquisition.gov/far/part-52#FAR_52_225_12 https://www.acquisition.gov/far/part-25#FAR_25_1102 https://www.acquisition.gov/far/part-52#FAR_52_225_11 https://www.acquisition.gov/far/part-52#FAR_52_225_23 https://www.acquisition.gov/far/part-52#FAR_52_225_23 https://www.acquisition.gov/far/part-25#FAR_25_1102 https://www.acquisition.gov/far/part-52#FAR_52_225_24 https://www.acquisition.gov/far/part-52#FAR_52_225_24 https://www.acquisition.gov/far/part-25#FAR_25_1102

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

Prescription at 44.403. Insert the clause in solicitations and contracts other than those for commercial products or commercial services.

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.

https://www.acquisition.gov/far/part-52#FAR_52_244_6 https://www.acquisition.gov/far/part-52#FAR_52_244_6 https://www.acquisition.gov/far/part-44#FAR_44_403 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_204_25

(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);

https://www.sam.gov/

(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.

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);

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

(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 https://www.acquisition.gov/far/part-4#FAR_4_2104 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.

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)

https://www.acquisition.gov/far/part-4#FAR_4_2104 https://dibnet.dod.mil/ https://dibnet.dod.mil/ https://www.acquisition.gov/far/part-4#FAR_4_2105

(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.

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 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 application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or 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 age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

FAR 52.212-3 Offeror Representations and Certifications - Commercial Products and Commercial Services

NOV 2023

https://www.sam.gov/ https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services-or-equipment#id1989I600I4C https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services-or-equipment#id1989I600I4C http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable Inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in…