Solicitation W15QKN21Q0EMP 15DEC.docx

DEPARTMENT OF THE ARMY

U.S. ARMY CONTRACTING COMMAND – NEW JERSEY

JOINT BASE MDL, NEW JERSEY 08640

SOLICITATION # W15QKN21Q0EMP

REPLY TO ATTENTION OF

Point of Contact:

Lacey Hocutt – Contract Specialist Lacey.n.hocutt.civ@mail.mil Commercial # (609) 562-4118

REQUEST FOR QUOTE (RFQ)

I) INTRODUCTION

This is a solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice.

Solicitation Number W15QKN21Q0EMP is issued as a Request for Quotation (RFQ) to fulfill 200th Military Police Battalion’s requirement to procure Lodging and Meals in Mesa, Arizona. The Period of Performance (POP) is from 03 January 2021 through 06 January 2021, breakout of dates can be found in the Statement of Work (SOW) in Section VI below. This action is a 100% Woman Owned Small Business (WOSB) Set-Aside under NAICS code 721110 – Hotels (except Casino Hotels) and Motels. The Small Business Size Standard for NAICS 721110 is $35 Million. The requirement shall consist of four Contract Line Item Number (CLIN) for each lodging and meal period: 41 lodging room nights for 80 Service Members, 240 Breakfast meals, 160 Lunch meals and 240 Dinner meals. Specific requirements are listed in the SOW in section VI of this RFQ.

All quotes shall contain the minimum information required under FAR 52.212-1, Instructions to Offerors, Commercial Items (Oct 2018) to include its associated addendum. Your proposal, in accordance with FAR 52.212-3 Offeror Representations and Certifications, Commercial Items (Oct 2018), shall list your DUNS number, CAGE code, Company name, Point of Contact, and phone number. If you need to obtain or renew a DUNS number or CAGE code, please visit the System for Award Management (SAM) at https://beta.sam.gov/. Lack of registration in the SAM database will make an offeror ineligible for award. The vendor must also be registered in Wide Area Work Flow to receive payment through electronic funds transfer. If you are not currently registered, please visit the following website https://wawf.eb.mil/ to complete your registration.

In accordance with FAR 52.212-2, the Government intends to make an award to the Contractor who submits the Lowest Price Technically Acceptable (LPTA) quote, and deemed responsive and responsible by the Contracting Officer. Offeror must meet the requirements as specified in the Statement of Work (SOW) and this RFQ. The anticipated award will be a Firm Fixed-Price contract. Offerors must submit quotes on the full quantity identified. Failure to submit all information requested in the instruction to offerors could be cause for rejection of the entire quote. The Contracting Officer reserves the right to make no award under this RFQ. The Government CANNOT accept pricing above the locations’ per diem rate.

II) 52.212-1 INSTRUCTIONS TO OFFERORS (ADDENDUM)

1. All questions shall be in writing. Questions may be emailed to Lacey Hocutt at lacey.n.hocutt.civ@mail.mil.

2. All offers shall be in writing. Quotes / offers must be emailed to Lacey Hocutt at lacey.n.hocutt.civ@mail.mil. Quotes are due no later than 10:00 AM Eastern Standard Time on 23 December 2021. Responses should be marked with Solicitation Number W15QKN21Q0EMP on both the quote and in the subject line of the email.

3. The proposal must include the following information:

a. Technical:

i. Facility information for the lodging listing the name, location, and an onsite point of contact (POC) for the proposed facilities that can be reached from the commencement to the conclusion of the resulting contract;

ii. An assessment of the lodging facility addressing the security and amenity requirements as detailed in the SOW;

iii. Verification of the Federal Emergency Management Agency (FEMA) Certification of the proposed lodging facility (certifications can be found at https://apps.usfa.fema.gov/hotel/).

iv. Subcontracting agreements (if any); and

v. Completed solicitation terms and conditions.

b. Past Performance: Relevant (within 3 years) past or present performance for a similar requirement.

c. Price: Pricing for each Line Item. Pricing must be submitted in the proper format. The proper format consists of QUANTITY * UNIT AMOUNT = NET AMT. In the event there is a difference between a unit price and the extended total, the unit price will be held to the intended price. If the Quoter/Offeror shows only the total price but fails to enter a unit price, the total divided by the estimated quantity will be held to be the intended price.

d. Third party providers should include the additional information requested in paragraph 4 below. Failure to provide this information with your quote may deem your quote non-responsive.

4. This is not a solicitation for event planning services. For a proposal submitted by an offeror that is not a hotel, caterer, or restaurant, the offeror must submit with their technical proposal, for evaluation, a description of the offeror’s technical approach for providing the requested services as the prime contractor. Again this not a solicitation for event planning services. An offer which requires the government to execute a separate agreement with a third party hotel shall be deemed technically unacceptable.

5. The contractor shall provide all personnel, equipment, tools, materials, supervision, and other items necessary to provide the contracted services.

6. Contractors shall quote on all CLINS. CLIN pricing should be all inclusive of labor, labor burden, other direct cost (material, equipment, fees, licenses, etc.), G&A and profit.

7. Line Item pricing should include all applicable taxes, fees, gratuities, commissions, services charges, etc. The federal government is tax exempt.

8. Room rates shall not exceed the government travel per diem rates in accordance with Joint Federal Travel Regulations (JFTR).

9. All representations and certifications to include provision of Dun & Bradstreet number are to be returned with the quote. Dun and Bradstreet information can be found by calling (800)-333-0505. A contractor that is receiving an award resulting from this request for quotation must be registered in the System for Award Management (SAM) prior to contract award. To register, offerors may log onto: https://beta.sam.gov/.

Dun and Bradstreet #__________________________ CAGE (commercial and government entity) code___________________ Federal Tax ID __________________

10. If the offeror is a third party, the offeror may only submit one offer/quote. If more than one is submitted the offeror will not be eligible for contract award.

11. If any section of this addendum conflicts with FAR Clause 52.212-1, the addendum shall take precedence.

III) 52.212-2 EVALUATION-COMMERCIAL ITEMS (MODIFIED)

(a) The Government will award a contract resulting from this solicitation to the responsive* responsible** offeror whose offer/quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The Government intends to award a single contract to an offeror whose proposal is determined to be the lowest priced technically acceptable based on the following evaluation factors:

1. Technical - Technical Capability will be evaluated to determine the likelihood that the Government’s requirements in the Statement of Work (SOW) can be achieved. A Government representative may conduct an onsite assessment of the proposed lodging facility prior to contract award to verify the cleanliness, safety, amenities, and security of the facilities as described in the SOW.

1. Past Performance - The Government will review the past performance information provided by the offerors in their proposal and any other past performance information independently uncovered. The Government will first determine if the past performance information is relevant to the instant action (similar in size, nature and complexity) and is recent (within the last three years).

1. Price - Price will be evaluated to determine if the offerors proposed price is fair, reasonable, and balanced using price analysis techniques in accordance with the guidelines in FAR 15.404-1(b). Unreasonably high or unrealistically low proposed prices may be grounds for eliminating a proposal from consideration.

(b) The offeror must provide information in sufficient detail to permit a complete and accurate evaluation of the previous factors. All non-priced factors will be evaluated on an “Acceptable” or “Unacceptable” basis. The factors identify the minimum requirements that are key to successful contract performance. An offeror must receive an “Acceptable” rating for all non-price factors to be considered for award. All offerors that are given an “Acceptable” rating on both technical and past performance will then be evaluated on price.

Technical Acceptable/Unacceptable Ratings

Past Performance Evaluation Ratings

Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

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

(d) The contractor’s offer shall remain valid for 60 days.

* Responsive is defined as a complete (conforms to all requirements in the “Instructions to Offerors” section of this document) offer/quote received before the closing date found in block 8 of the SF 1449).

**Responsibility is determined in accordance with FAR Part 9.

IV) SUPPLIES OR SERVICES BID SCHEDULE

39 DOUBLE & 2 SINGLE OCCUPANCY FOR 80 SERVICE MEMBERS FFP

Total number of Room Nights: 123

Quantities in this requirement are estimates. Contractor shall invoice for actual rooms provided only. Actual rooms provided in accordance with the terms and conditions of this contract will be accepted and paid for by the Government.

The Federal Government is tax exempt. This price includes all applicable taxes, fees, gratuities, commissions, and service charges.

All work shall be performed in accordance with the Statement of Work.

Total number of Lunch Meals: 240

Quantities in this requirement are estimates. Contractor shall invoice for actual meals provided only. Actual meals provided in accordance with the terms and conditions of this contract will be accepted and paid for by the Government.

The Federal Government is tax exempt. This price includes all applicable taxes, fees, gratuities, commissions, and service charges.

Total number of Lunch Meals: 160

Quantities in this requirement are estimates. Contractor shall invoice for actual meals provided only. Actual meals provided in accordance with the terms and conditions of this contract will be accepted and paid for by the Government.

The Federal Government is tax exempt. This price includes all applicable taxes, fees, gratuities, commissions, and service charges.

Total number of Dinner Meals: 240

Quantities in this requirement are estimates. Contractor shall invoice for actual meals provided only. Actual meals provided in accordance with the terms and conditions of this contract will be accepted and paid for by the Government.

The Federal Government is tax exempt. This price includes all applicable taxes, fees, gratuities, commissions, and service charges.

CLINs 0001 through 0004 Total Price $

V) INSPECTION AND ACCEPTANCE:

Supplies/services will be inspected/accepted at:

VI) STATEMENT OF WORK

Statement of Work Lodging-in-Kind with Meals Mesa, Arizona

1. GENERAL: The Army Contracting Command – New Jersey, in support of the 56th Military Police Company (Combat Support) has a requirement for lodging and meals for a three (3) day Pre-Mobilization training event in Mesa, Arizona.

The Contractor shall provide all personnel, equipment, supplies, facilities, tools, materials, supervision, and other items, necessary to provide lodging and meal services for 80 Soldiers during their Pre-Mobilization Event starting 3 January 2021 and ending on 6 January 2021 as defined in this Statement of Work (SOW).

2. References:

3. PURPOSE: Lodging and meals are required to support Soldiers attending the Pre-Mobilization Training Event located at 7334 E. Ulysses Avenue Mesa, Arizona 85212. The lodging facility and meals must adhere to AR 30-22, section 3-24. Soldiers shall be housed at a maximum of two (2) Soldiers per room with the exception of the two highest ranking individuals within the unit as identified on the unit’s roster. The AR 30-22 states that Soldiers shall have access to three square meals per day, served in compliance with the published/listed nutrition standards.

The lodging facility shall support the requested amount of thirty-nine (39) double rooms and two (2) single rooms (71 males and 9 females) for Soldiers attending the Pre-Mobilization Training Event. The period of performance is for four days and three nights, 3 January 2021 through 6 January 2021.

The lodging facility shall support a total maximum amount of thirty-nine (39) double rooms and two (2) single rooms for 80 Soldiers (71 males and 9 females). The meals necessary include breakfast, lunch, and dinner for 80 Soldiers.

Billeting: All rooms shall be at one location and shall be within a 5-mile radius of 7334 E. Ulysses Avenue Mesa, Arizona 85212. The distance will be calculated by estimating the distance from the hotel to the exact address provided above. The distance will be calculated by using Google Maps.

Period of Performance: 3 January 2021 through 6 January 2021, a total of three (3) room nights.

4. DESCRIPTION:

Lodging:

Total number of double occupancy rooms: 123.

All rooms are to be located at the same facility.

Sleeping rooms shall be provided at or below the prevailing per diem rates in accordance with the per diem thresholds.

Rooms shall be constructed and finished to provide good light and sound attenuation. Access to individual rooms shall have interior access.

Sufficient electrical outlets shall be available and in good working condition.

All entrance doors to rooms shall have interior security locks, either deadbolt or double locking locks. Each room occupant shall be provided with a room key. Access to sleeping rooms shall be via interior corridors.

Bathrooms must be in a sanitary condition. Bathrooms must contain a shower and/or tub combination with a wash basin, a properly functioning toilet, and a mirror. Additionally, bathrooms shall have adequate lighting and grounded electrical outlets for use of electrical razors, hair dryers, etc. The shower or shower/tub combination shall have shower doors or curtains.

Rooms shall have adequate heating and cooling capabilities.

Each room must contain at a minimum; television with cable access, internet access, iron and ironing board, and alarm clock. A refrigerator and a microwave are also preferred, but not required.

Vendor’s location must have accessible parking area and be free of drugs and prostitution. Health and Fitness Center, Recreation Area (pool), and Business Services Center at no cost to the Soldiers is preferred but not required.

Double occupancy room shall have two standalone beds (a pullout does not constitute a bed).

All rooms will be non-smoking, free of bed bugs, lice, rodents or anything that will make the living conditions unsafe and/or unhealthy.

Daily custodial services shall include, but is not limited to, room cleaning, bed making, linen change (as required), adequate quantities of soap, bath towels, hand towels, sanitized drinking glasses, facial tissues, and a cloth bath mat.

The contractor’s facility shall comply with all applicable fire and safety codes and regulations.

The hotel presented to the Government shall be Federal Emergency Management Agency (FEMA) approved.

4.2 Meals:

Total # Breakfast

Total # Lunch

Total # Dinner

Total # Meals

The Contractor shall provide 640 meals throughout the period of performance and at the locations listed above. Special dietary restrictions will be identified and accommodated for an on as-needed basis. Vegetarian options shall be available. Food and beverage charges are based upon a total of servings per meal. Self-serve beverage stations are preferred at each meal.

Local government per diem meal rates for food shall apply.

All utensils, plates, napkins, etc. shall also be provided by the contractor.

All Military personnel shall clean up their area and trash when finished eating each meal.

The following meal options shall be comprised of one of the following service style types: either (1) hot food buffet or (2) cafeteria style of (3) some other applicable style that must adhere to the rest of this SOW.

4.2.1 Breakfast: Hot food shall be available from 0600 to 0700 (6:00 AM to 7:00 AM) on the following days: 4 January 2021, 5 January 2021, and 6 January 2021. Meals shall include such items as: pancakes, bacon, sausage, eggs, ham, assorted fresh fruit, pastries, and cereal. Drinks shall consist of coffee, milk, and juice. Total meals for breakfast shall be for 80 persons for three (3) days for a total of 240 meals.

4.2.2 Lunch: Hot food shall be available from 1200 to 1330 (12:00 PM to 1:30 PM) on the following days: 4 January 2021 and 5 January 2021. Meals shall include such items as: garden salad with assorted toppings and dressings, meat selections, vegetables, and starch selection. Drinks shall consist of coffee, milk, tea and juice. Total meals for lunch shall be for 80 persons for two (2) days for a total of 160 meals.

4.2.3 Dinner: Hot food shall be available from 1730 to 2030 (5:30 PM to 8:30 PM) for the following days: 3 January 2021, 4 January 2021, and 5 January 2021. Meals shall consist of chicken, beef or fish, vegetables, soup or salad, and dessert. Drinks shall consist of coffee, milk, tea, and soft drinks. Total meals for dinner shall be for 80 persons for three (3) days for a total of 240 meals.

Total meals provided shall be 640.

5. SECURITY/HEALTH: The approved facility shall be secured enough for Government’s information, supplies, equipment, and other properties. Entry access to sleeping areas shall be through hotel interior corridors/main lobby. Additionally, the approved facility with security cameras or a security guard on property for after hour protection. All rooms will be non-smoking, and free of bed bugs, lice, rodents, or anything that will make the living conditions unsafe and/or unhealthy. The lodging POC (provided at contract award) will conduct a site visit prior to award of contract to ensure that the facility meets the criteria listed herewith in this SOW such as safety/security etc. All rooms will be non-smoking, and free of bed bugs, lice, rodents or anything that will make the living conditions unsafe and/or unhealthy.

6. ROOMING LIST: A complete berthing list will be forwarded to the Lodging Facility 72 hours before check in by the 56th MP CO (CS) Lodging point of contact. The list will include each Soldiers’ name, rank, gender, check-in date, and total number of days authorized.

7. INVOICING/BILLING: The Government will only pay for actual rooms used. Occupied rooms will be accepted and invoiced as appropriate utilizing Wide Area Work Flow (WAWF). The contracted cost shall not exceed the local authorized Per Diem rate for both lodging and meals. Personal expenses in guest rooms, such as ordering movies, telephone fees, laundry and room service will be paid by the guest. The Federal Government is tax exempt. If needed, the Government will provide the hotel with the appropriate sales tax exemption forms for their records.

8. ADVANCE NOTIFICATION PERIOD: The Government reserves the right to cancel any or all portions of a reservation up to 24 hours prior to the start date. The cancellation notices will be issued by the Contracting Officer (KO). The Contractor shall waive any charges against the Government due to the cancellation and release it from all obligations under the contract if the Government meets the deadlines above.

VII) CONTRACT PROVISIONS/CLAUSES

The below Clauses are incorporated either by reference or full text and made a part of this Request for Quote (FAR, and DFAR Provisions, and Local Clauses):

CLAUSES INCORPORATED BY REFERENCE

52.203-3 52.204-2 52.204-7 Gratuities (APR 1984) Security Requirements (AUG 1996) System for Award Management (OCT 2018)

52.209-6

52.212-1 Protecting the Government’s Interest when Subcontracting with Contractors Debarred, Suspended, or proposed for Debarment (OCT 2015) Instructions to Offerors – Commercial Items (OCT 2018)

52.232-40 52.233-1 52.233-2 52.233-3 52.239-1 52.243-1 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) Disputes (MAY 2014) Service of Protest (SEP 2006) Protest After Award (AUG 1996) Privacy or Security Safeguards (AUG 1996) Changes – Fixed Price (AUG 1987)

Controls (OCT 2016)

2016)

252.204-7015 252.222-7007 Disclosure of Information to Litigation Support Contractors (MAY 2016) Representation Regarding Combating Trafficking in Persons (JAN 2015)

252.243-7001 252.246-7000 Pricing of Contract Modifications (DEC 1991) Material Inspection and Receiving Report (MAR 2008)

CLAUSES INCORPORATED BY FULL TEXT

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC/2014)

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

(End of clause)

FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

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 the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision--

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

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of clause)

FAR 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 (Dec 2019)

(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.

(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) 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.

(End of provision)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUN 2020)

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

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

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

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

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

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

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Oct 1995)(41 U.S.C. 4704 and 10 U.S.C. 2402).

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

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

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

___ (5) [Reserved].

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

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

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

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

___ (10) [Reserved]

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

___ (ii) Alternate I (MAR 2020) of 52.219-3.

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

___ (ii) Alternate I (MAR 2020) of 52.219-4.

___ (13) [Reserved]

{XX} (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

___ (ii) Alternate I (MAR 2020) of 52.219-6.

___ (iii) Alternate II (Nov 2011) of 52.219-6.

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

___ (ii) Alternate I (MAR 2020) of 52.219-7.

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

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

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

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

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

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

___ (v) Alternate IV (Jun 2020) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

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

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

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

{XX} (22) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 2020)(15 U.S.C. 632(a)(2)).

___ (i) Alternate I (MAR 2020) of 52.219-28.

___ (23) 52.219-29 Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)).

{XX} (24) 52.219-30 Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (MAR 2020) (15 U.S.C. 637(m)).

___ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

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

{XX} (27) 52.222-3, Convict Labor (June 2003)(E.O. 11755).

{XX} (28) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2020) (E.O. 13126).

{XX} (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

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

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

{XX} (31)(i) 52.222-35, Equal Opportunity for Veterans (Jun 2020)(38 U.S.C. 4212).

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

{XX} (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020)(29 U.S.C. 793).

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

{XX} (33) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Jun 2020)(38 U.S.C. 4212).

{XX} (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

{XX} (35)(i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

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

___ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693).

___ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693).

___ (40)(i) 52.223-13, Acquisition of EPEAT[supreg]-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

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

___ (41)(i) 52.223-14, Acquisition of EPEAT[supreg]-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

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

___ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (43)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

{XX} (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

___ (45) 52.223-20, Aerosols (June, 2016) (E.O. 13693).

___ (46) 52.223-21, Foams (June, 2016) (E.O. 13693).

___ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (JAN 2017) of 52.224-3.

___ (48) 52.225-1, Buy American--Supplies (MAY 2014) (41 U.S.C. chapter 83).

___ (49)(i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

___ (ii) Alternate I (MAY 2014) of 52.225-3.

___ (iii) Alternate II (MAY 2014) of 52.225-3.

___ (iv) Alternate III (MAY 2014) of 52.225-3.

___ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

{XX} (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)(42 U.S.C. 5150).

___ (55) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020).

___ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002)(41 U.S.C. 4505, 10 U.S.C. 2307(f)).

___ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017)(41 U.S.C. 4505, 10 U.S.C. 2307(f)).

{XX} (58) 52.232-33, Payment by Electronic Funds Transfer -- System for Award Management (Oct 2018)(31 U.S.C. 3332).

___ (59) 52.232-34, Payment by Electronic Funds Transfer -- Other Than System for Award Management (Jul 2013)(31 U.S.C. 3332).

___ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

{XX} (61) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a).

___ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(13)).

___ (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)(46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

___(iii) Alternate II (Feb 2006) of 52.247-64.

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

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

___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

{XX} (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

{XX} (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

___ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

___ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (Executive Order 13658).

___ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

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

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

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

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

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

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

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

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

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

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

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

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

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

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

(xiii)(A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. 7104(g)).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. 7104(g)).

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

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

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (Executive Order 13658).

(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

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

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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