SP4705-23-Q-1776 Interior Plant RFQ- Final.pdf

Combined Synopsis Solicitation

SP4705-23-Q-1776

DLA Headquarters Interior Plants Maintenance

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. This is issued as a Request for Quote (RFQ). SP4705-23-Q-1776, 100% small business set-aside.

This notice incorporates provisions and clauses in effect through Federal Acquisition Circular 2023-04 effective June 2, 2023. This acquisition is being conducted in accordance with FAR Parts 12 & 13.5. The NAICS code for this acquisition is 561210, Facilities Support Services with a size standard of $47,000,000.00. In order for offerors to conduct business with the Department of Defense (DoD), the contractor must provide registration information to System for Award Management (SAM) website http://www/sam.gov. The Defense Logistics Agency (DLA) Contracting Office- Fort Belvoir, VA has a requirement to establish a contract for Interior Plant Maintenance Services. This solicitation is to obtain support services for existing live and replica plants at the Defense Logistics Agency; Andrew T. McNamara headquarters Complex (HQC), Bldg. 2462. The HQC is located at 8725 John J. Kingman Road, Fort Belvoir, VA 22060. The contractor shall furnish all management, labor, supervision, tools materials, equipment, storage, and transportation necessary to perform work in accordance with the general craft, industry standards, applicable laws, regulation, codes, and Federal specification for the work covered by the Performance Work Statement. The contract is for a base year, with four (4) twelve (12) month option periods.

Procurement Note L07 Site Visit Instructions (OCT 2016) DLAD

Primary POC: James Simms, James.k.simms@dla.mil Secondary POC: Andre Desima, Andre.desima@dla.mil

A Site Visit has been scheduled for July 18, 2023. Contractors shall notify the contract specialist, James Simms and copy contracting officer Andre Desima no later than July 14, 2023, that they intend to attend the Site Visit. Participants shall meet at the front entrance of the HQC no later than 1:00 P.M. Eastern Time, July 18, 2023. Only two (2) representatives from each potential offeror are authorized to attend. The Government does not intend to conduct individual site visits; therefore, offerors wishing to inspect the site should attend in accordance with the guidelines of this section.

Prior to the scheduled site visit, company must provide to the Contract Specialist at James.k.simms@dla.mil: Company Name, Cage Code, Attendee Full Name(s), Telephone Number for the individuals attending the site visit. (no more than two (2) persons per company for the site visit) no later than July 7, 2023, 12:00 P.M. Eastern Time. The Government will reach out for the following information regarding the individuals attending by phone: SSN(s), http://www/sam.gov mailto:James.k.simms@dla.mil mailto:Andre.desima@dla.mil mailto:James.k.simms@dla.mil

Date of Birth, this information is needed to gain access to the building all information will be destroyed after site visit.

Please arrive at DLA’s front gate at 8725 John J. Kingman Road, Fort Belvoir, VA at least 15 minutes prior to the arranged time in order to secure a visitor pass. To gain access to the installation you will need to have a government issued ID (e.g. driver’s license, state issued photo ID) for every individual, and vehicle registration and insurance for each vehicle. Once you have entered the gates, proceed to the flags to check in the visitor office. Mr. Michael Watts will be the point of contact for the site visit. If any issues arise while at the visitor office, please contact Mr. Watts at (571) 643-1490. Please note the site visit is only designed to allow interested parties the opportunity to visit the facility for viewing of the building live or replica plants, flowers, trees, palms, and specialty plants at DLA Headquarters Complex. Any technical questions shall be addressed in writing and sent via email directly to the Contract Specialist at James.k.simms@dla.mil and courtesy copied to the contracting officer Andre D. Desima at Andre.Desima@dla.mil no later than the submission for questions deadline found below.

SUBMISSION OF QUESTIONS: Any questions regarding the solicitation or resulting from the site visit must be in writing and submitted after the site visit to the contract specialist, James Simms, via email James.k.simms@dla.mil and the contracting officer, Andre D. Desima, via email Andre.Desima@dla.mil no later than 4:00 P.M., Eastern Time, July 21, 2023

The provision at 52.212-1 – Instructions to Offerors - - Commercial Products and Commercial Services (Mar 2023) Addendum to 52.212-1(b) Submission of offers.

1. Offerors shall submit any questions via email to James.k.simms@dla.mil with a cc copy to Andre.desima@dla.mil by 4:00 P.M. Eastern Time on July, 21, 2023, to allow time to publish any questions and answers before the closing date. NO PHONE CALLS WILL BE ACCEPTED. Emails must include the solicitation number, contractor’s name, and cage code in the subject line.

2. Offerors shall submit quotations only via email to James.k.simms@dla.mil by 11:00 A.M. Eastern Time on Thursday, August 10, 2023.

3. Offerors shall provide quotations that are clear and concise and shall include sufficient detail for effective evaluation and for substantiating the validity of stated claims. Offerors shall not simply restate or rephrase the Government’s requirements, but rather provide a convincing rationale explaining how the offeror intends to meet these requirements. Offerors shall assume that the Government has no prior knowledge of offeror’s facilities and experience and will base its evaluation exclusively on the merits and content of the information presented in the offeror’s quotation. The only exception is that the Government reserves the right to evaluate relevant past performance that is not included in the offeror’s quotation.

mailto:Andre.Desima@dla.mil mailto:James.k.simms@dla.mil mailto:Andre.Desima@dla.mil mailto:Andre.desima@dla.mil

3.1 Offerors shall submit quotations using a Times New Roman 12-point normal font (no reduction permitted), single-spaced with 1-inch margins all around, and formatted for standard 8.5'' x 11'' inch paper. All pages must include a footer marked “Technical Evaluation Information – See FAR 2.101 and 3.104.” Information deemed by the Offeror to be proprietary shall be clearly marked as proprietary information.

3.2 Offers shall submit an additional redacted copy of each volume. Redacted copies must remove the Offeror’s name, company name, Cage Code, address, and names of proposed employees. Failure to submit redacted copies of the quotation will result in a finding that the quotation is not acceptable.

3.3 Offerors shall submit in accordance with these instructions and include all data and information requested by these instructions. Nonconformance with the specified organization, content, and page limitations may be cause for quotation rejection.

(a) Responses shall not reference data in another volume.

Cover Sheet

Offerors shall provide the name, title, address, e-mail, fax, and telephone number of the company representative(s) who can obligate Offeror contractually on the cover sheet.

1. Company’s Name and Address

2. Commercial and Government Entity Code

3. Data Universal Numbering System Number

4. North American Industry Classification System Code

5. Name, Title, Email and Telephone Number for Company Representative(s) who can obligate the Offeror contractually

6. Acknowledgement of All Amendments

7. Total Proposed Price (Base and Options)

3.4 Comparative assessment is an evaluation process which can be used for simplified acquisitions. It does not require the ratings schemes and confidence assessments often used in best value trade-off procurements evaluated in accordance with FAR Part 15. In a FAR Part 15 evaluation, a proposal is evaluated in comparison to requirements of the solicitation and Performance Work Statement (PWS). In a FAR Part 13 Comparative Evaluation, a quotation, once deemed technically acceptable, is compared to the other technical acceptable quotations.

The keys to this type of assessment are fairness and good documentation of rationale.

Quotations must meet or exceed the technical requirements in the solicitation and any subsequent amendments to be considered technically acceptable. The technical quotation will be evaluated to determine to what extent the vendor understands the requirements of the PWS and has experience in providing interior plant maintenance services of a similar size and scope to DLA’s requirement. Any instances where a quotation exceeds the requirements of the PWS and exceeds that which has been offered in other quotations, may be considered as value added to the Government when making an award decision.

3.5 Technical Factors to be Considered:

1. Required Certification and Experience The vendor shall submit a resume for each of the key personnel positions identified in the PWS that will be performing under this requirement. The offeror must demonstrate that all key personnel proposed to perform the work contained in the PWS meet or exceed the required certifications and experience listed in section C.6 of the PWS.

The quote shall discuss the positions in reference to the following key personnel.

- Contract Project Manager

- Horticulturist

2. Understanding of the PWS The offeror must demonstrate a clear understanding of all the Government’s requirements listed in the PWS to perform the identified services under this requirement. The offeror must demonstrate an ability to understand and satisfactorily provide all required services under this subfactor. This demonstration shall include the intended labor category mix for the Government’s review and approval.

3. Prior Experience and Expertise in Performing the PWS Tasks The offeror must demonstrate the ability to provide interior plant maintenance of similar scope within the last 3 years for a Department of Defense or other Federal Agency. This demonstration shall address challenges faced and how the offeror overcame said challenges.

ITEM SUPPLIES/SERVICES QUANTITY UNIT PRICE

AMOUNT

CLIN 0001 Guaranteed Maintenance Services- 12 Month $ $ BASE Live Plants in HQC

FIRM FIXED PICE

FOB: Destination Base Period of Performance: 1 Oct 2023-through 30 Sep 2024

ITEM SUPPLIES/SERVICES QUANTITY UNIT PRICE

AMOUNT

CLIN 0002 Front Desk Flower Rotation- 12 Month $ $ BASE 6 Plants Rotated Monthly

FIRM FIXED PICE

FOB: Destination Base Period of Performance: 1 Oct 2023-through 30 Sep 2024

ITEM SUPPLIES/SERVICES QUANTITY UNIT PRICE

AMOUNT

CLIN 0003 Replica Flower Storage & Refurbish 12 Month $ $ BASE Holiday Decor Storage

FIRM FIXED PICE

FOB: Destination Base Period of Performance: 1 Oct 2023-through 30 Sep 2024

ITEM SUPPLIES/SERVICES QUANTITY UNIT PRICE

AMOUNT

CLIN 0004 Replica Plants/Flowers 3 Each $ $ BASE Rotation Installations

FIRM FIXED PICE

FOB: Destination Base Period of Performance: 1 Oct 2023-through 30 Sep 2024

ITEM SUPPLIES/SERVICES QUANTITY UNIT PRICE

AMOUNT

CLIN 0005 Holiday Decoration Install 1 Each $ $ BASE and Removal

FIRM FIXED PICE

Base Period of Performance: 1 Oct 2023-through 30 Sep 2024

TOTAL AMOUNT FOR BASE PERIOD $

OPTION PERIOD ONE

ITEM SUPPLIES/SERVICES QUANTITY UNIT PRICE

AMOUNT

CLIN 1001 Guaranteed Maintenance Services- 12 Month $ $ BASE Live Plants in HQC

FIRM FIXED PICE

Base Period of Performance: 1 Oct 2024-through 30 Sep 2025

CLIN 1002 Front Desk Flower Rotation- 12 Month $ $ BASE 6 Plants Rotated Monthly

FIRM FIXED PICE

FOB: Destination Base Period of Performance: 1 Oct 2024-through 30 Sep 2025

ITEM SUPPLIES/SERVICES QUANTITY UNIT PRICE

AMOUNT

CLIN 1003 Replica Flower Storage & Refurbish 12 Month $ $ BASE Holiday Decor Storage

FIRM FIXED PICE

FOB: Destination Base Period of Performance: 1 Oct 2024-through 30 Sep 2025

ITEM SUPPLIES/SERVICES QUANTITY UNIT PRICE

AMOUNT

CLIN 1004 Replica Plants/Flowers 3 Each $ $ BASE Rotation Installations

FIRM FIXED PICE

FOB: Destination Base Period of Performance: 1 Oct 2024-through 30 Sep 2025

ITEM SUPPLIES/SERVICES QUANTITY UNIT PRICE

AMOUNT

CLIN 1005 Holiday Decoration Install 1 Each $ $ BASE and Removal

FIRM FIXED PICE

FOB: Destination Base Period of Performance: 1 Oct 2024-through 30 Sep 2025

TOTAL AMOUNT FOR OPTION PERIOD ONE $

OPTION PERIOD TWO

AMOUNT

CLIN 2001 Guaranteed Maintenance Services- 12 Month $ $ BASE Live Plants in HQC

FIRM FIXED PICE

Base Period of Performance: 1 Oct 2025-through 30 Sep 2026

ITEM SUPPLIES/SERVICES QUANTITY UNIT PRICE

AMOUNT

CLIN 2002 Front Desk Flower Rotation- 12 Month $ $ BASE 6 Plants Rotated Monthly

FIRM FIXED PICE

FOB: Destination Base Period of Performance: 1 Oct 2025-through 30 Sep 2026

ITEM SUPPLIES/SERVICES QUANTITY UNIT PRICE

AMOUNT

CLIN 2003 Replica Flower Storage & Refurbish 12 Month $ $ BASE Holiday Decor Storage

FIRM FIXED PICE

FOB: Destination Base Period of Performance: 1 Oct 2025-through 30 Sep 2026

ITEM SUPPLIES/SERVICES QUANTITY UNIT PRICE

AMOUNT

CLIN 2004 Replica Plants/Flowers 3 Each $ $ BASE Rotation Installations

FIRM FIXED PICE

FOB: Destination Base Period of Performance: 1 Oct 2025-through 30 Sep 2026

ITEM SUPPLIES/SERVICES QUANTITY UNIT PRICE

AMOUNT

CLIN 2005 Holiday Decoration Install 1 Each $ $ BASE and Removal

FIRM FIXED PICE

FOB: Destination Base Period of Performance: 1 Oct 2025-through 30 Sep 2026

TOTAL AMOUNT FOR OPTION PERIOD TWO $

OPTION PERIOD THREE

CLIN 3001 Guaranteed Maintenance Services- 12 Month $ $ BASE Live Plants in HQC

FIRM FIXED PICE

FOB: Destination Base Period of Performance: 1 Oct 2026-through 30 Sep 2027

ITEM SUPPLIES/SERVICES QUANTITY UNIT PRICE

AMOUNT

CLIN 3002 Front Desk Flower Rotation- 12 Month $ $ BASE 6 Plants Rotated Monthly

FIRM FIXED PICE

FOB: Destination Base Period of Performance: 1 Oct 2026-through 30 Sep 2027

ITEM SUPPLIES/SERVICES QUANTITY UNIT PRICE

AMOUNT

CLIN 3003 Replica Flower Storage & Refurbish 12 Month $ $ BASE Holiday Decor Storage

FIRM FIXED PICE

FOB: Destination Base Period of Performance: 1 Oct 2026-through 30 Sep 2027

ITEM SUPPLIES/SERVICES QUANTITY UNIT PRICE

AMOUNT

CLIN 3004 Replica Plants/Flowers 3 Each $ $ BASE Rotation Installations

FIRM FIXED PICE

FOB: Destination Base Period of Performance: 1 Oct 2026-through 30 Sep 2027

ITEM SUPPLIES/SERVICES QUANTITY UNIT PRICE

AMOUNT

CLIN 3005 Holiday Decoration Install 1 Each $ $ BASE and Removal

FIRM FIXED PICE

FOB: Destination Base Period of Performance: 1 Oct 2026-through 30 Sep 2027

TOTAL AMOUNT FOR OPTION PERIOD THREE $

OPTION PERIOD FOUR

AMOUNT

CLIN 4001 Guaranteed Maintenance Services- 12 Month $ $ BASE Live Plants in HQC

FIRM FIXED PICE

FOB: Destination Base Period of Performance: 1 Oct 2027-through 30 Sep 2028

ITEM SUPPLIES/SERVICES QUANTITY UNIT PRICE

AMOUNT

CLIN 4002 Front Desk Flower Rotation- 12 Month $ $ BASE 6 Plants Rotated Monthly

FIRM FIXED PICE

FOB: Destination Base Period of Performance: 1 Oct 2027-through 30 Sep 2028

ITEM SUPPLIES/SERVICES QUANTITY UNIT PRICE

AMOUNT

CLIN 4003 Replica Flower Storage & Refurbish 12 Month $ $ BASE Holiday Decor Storage

FIRM FIXED PICE

FOB: Destination Base Period of Performance: 1 Oct 2027-through 30 Sep 2028

ITEM SUPPLIES/SERVICES QUANTITY UNIT PRICE

AMOUNT

CLIN 4004 Replica Plants/Flowers 3 Each $ $ BASE Rotation Installations

FIRM FIXED PICE

FOB: Destination Base Period of Performance: 1 Oct 2027-through 30 Sep 2028

ITEM SUPPLIES/SERVICES QUANTITY UNIT PRICE

AMOUNT

CLIN 4005 Holiday Decoration Install 1 Each $ $ BASE and Removal

FIRM FIXED PICE

Base Period of Performance: 1 Oct 2027-through 30 Sep 2028

TOTAL AMOUNT FOR OPTION PERIOD FOUR $

TOTAL AMOUNT FOR CONTRACT $

52.212-2 Evaluation—Commercial Products and Commercial Services (Nov 2021)

The Government intends to evaluate quotations and award a contract without discussions with offerors. Therefore, the offeror’s initial quotation should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The Government will use a comparative assessment as the basis for award in accordance with the procedures outlined at FAR 13.106-2. By submitting a quotation, the offeror acknowledges the wide discretion available to the Government to determine what constitutes added value.

The following standards shall be used to evaluate offers:

(i) Technical: Quotations must meet or exceed the technical requirements in the solicitation and any subsequent amendments to be considered technically acceptable. The technical quotation will be evaluated to determine to what extent the vendor understands the requirements of the PWS and has experience in providing interior plant maintenance services of a similar size and scope to DLA’s requirement. Any instances where a quotation exceeds the requirements of the PWS and exceeds that which has been offered in other quotations, may be considered as value added to the Government when making an award decision.

(ii) Price: Price will be evaluated for fairness, reasonableness, and completeness.

(iii) Past Performance: Past performance will be evaluated to determine its recency, relevancy, and quality. The Government reserves the right to utilize resources other than information within the quotation to evaluate past performance. In the absence of any past performance, a quotation will be evaluated neither favorably or unfavorably.

A written notice of award will be provided to the successful vendor. A quotation is not an offer and, consequently, cannot be accepted by the Government to form a binding contract. Therefore, issuance by the Government of an order in response to a supplier’s quotation does not establish a contract. The order is an offer by the Government to the supplier to buy certain supplies or services upon specified terms and conditions. A contract is established when the supplier accepts the offer.

If the Government issues an order resulting from a quotation, the Government may (by written notice to the supplier, at any time before acceptance occurs) withdraw, amend, or cancel its offer.

Clauses Incorporated by Reference:

FAR 52.203-3 Gratuities. (Apr 1984) FAR 52.204-13 System for Award Management Maintenance. (Oct 2018) FAR 52.204-16 Commercial and Government Code Reporting. (Aug 2020) FAR 52.204-18 Commercial and Government Entity Code Maintenance. (Aug 2020) FAR 52.204-26 Covered Telecommunications Equipment or Services—Representation (Oct 2020) FAR 52.204-7 System for Award Management. (Oct 2018) FAR 52.232.39 Unenforceability of Unauthorized Obligations (Jun 2013) FAR 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services. (March 2023) FAR 52-212-4 Contract Terms and Conditions Commercial Items. (Dec 2002) DFARS 252.201-7000 Contracting Officers Representative (Dec 1991) DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (Sept 2011) DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (Dec 2022) DFARS 252.203-7005 Representations Relating to Compensation of Former DoD Officials (Sept 2022) DFARS 252.204-7004 Antiterrorism Awareness Training for Contractors (Jan 2023) DFARS 252.204-7006 Billing Instructions (Oct 2005) DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (Oct 2016) DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (Jan 2023) DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support (Jan 2023) DFARS 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment and Services-Representation. (May 2021) DFARS 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services. (Jan 2023) DFARS 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements (Mar 2022) DFARS 252.204-7020 NIST SP 800-171 DoD Assessment Requirements (Jan 2023) DFARS 252.204-7024 Notice on the use of the Supplier Performance Risk System. (Mar 2023) DFARS 252.204-7016 Covered Defense Telecommunications Equipment or Services— Representation DFARS 252.204-7003 Control of Government Personnel Work Product

DFARS 252.215-7007 Notice of Intent to Resolicit (Jun 2012) DFARS 252.216-7004 Award Fee Reduction or Denial for Jeopardizing the Health or Safety of Government Personnel. (Sept 2011) DFARS 252.225-7001 Buy American and Balance of Payments Program. (Jan 2023) DFARS 252.225-7012 Preference for Certain Domestic Commodities. (Apr 2022) DFARS 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns. (Jan 2023) DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. (Dec 2018) DFARS 252.232-7010 Levies on Contract Payments. (Dec 2006) DFARS 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. (Jan 2023) DFARS 252.243-7002 Requests for Equitable Adjustment. (Dec 2022) DFARS 252.244-7000 Subcontracts for Commercial Products or Commercial Services. (Jan 2023)

FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (JUN 2023)

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

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

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

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

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

(5) 52.233-3, 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 products and commercial services:

[Contracting Officer check as appropriate.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with

Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

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

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

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

__ (5) [Reserved].

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

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

_x_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).

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

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (13) [Reserved] _X_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

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

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

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

_x_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C. 637(d)(2) and

(3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) (15 U.S.C. 637(d)(4)).

(i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) (15 U.S.C. 637(d)(4)).

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

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

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

__ (v) Alternate IV (Sep 2021) of 52.219-9.

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

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

__ (19) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637s).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021)(15 U.S.C.

637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) (15 U.S.C. 657f).

_x_ (22)

(i) 52.219-28, Post Award Small Business Program Re-representation (MAR 2023) (15 U.S.C.

632(a)(2)).

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

__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022)(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 (Sep 2021) (15U.S.C. 637(a)(17)).

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

_(28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126).

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

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

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

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

__ (ii) Alternate I (Jul 2014) of 52.222-35.

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

793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

_x_ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

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

_x_ (35)(i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

_x_ (36) 52.222-54, Employment Eligibility Verification (May 2022) (E. O. 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 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 (Jun 2016) (E.O. 13693).

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

__ (40)

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

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

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020)(42 U.S.C.

8259b).

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

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

_x_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47)(i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

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

__ (48)(i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

__ (ii) Alternate I (Oct 2022) of 52.225-1.

__ (49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Dec 2022) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (Dec 2022) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (Dec 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

__ (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 (Feb 2021).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

_x_ (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).

__ (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 (Nov 2021) (46 U.S.C.

55305 and 10 U.S.C. 2631).

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

__ (iii) Alternate II (Nov 2021) of 52.247-64.

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

[Contracting Officer check as appropriate.] _x_ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

_x_ (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).

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

chapter 67).

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

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

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

_X_ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

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

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

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

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

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

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

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services.

Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

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

(ii) 52.203-19, 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 (Nov 2021) (Section 1634 of Pub. L.

115-91).

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

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (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 2015) (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). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(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 (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).

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

(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 (May 2022) (E.O. 12989).

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

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (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 (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

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

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

FAR

clause 52.247-64.

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

(End of clause)

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):

http://farsite.hill.af.mil.

FAR 52.217-5 EVALUATION OF OPTIONS (July 1990)

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 offers for award purposes by adding the total price for all options to the total price for the basic requirement.

Evaluation of options will not obligate the Government to exercise the option(s).

FAR 52.217-8 OPTION TO EXTEND SERVICES (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 calendar days before the contract expires.

(End of clause)

FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days before the contract expires; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c)The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months.

(End of clause)

FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

(a) Definitions. As used in this provision—

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

(b) Prohibition.

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

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

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

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

Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25

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

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

(d) Representation. The Offeror represents that—

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

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

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services.

The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

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

(i) For covered equipment—

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

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

and item description, as applicable); and

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

(ii) For covered services— https://www.sam.gov/

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

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

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

(i) For covered equipment—

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

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

and item description, as applicable); and

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

(ii) For covered services—

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

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

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

(End of provision)

52.219-14 Limitations on Subcontracting (DEVIATION 2021-O0008)

Limitations on Subcontracting (Sep 2021) (DEVIATION 2021-O0008)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. “Similarly situated entity,” as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed…