W15QKN240009 RFQ LodgingMeals 200th MP Command Final.docx

DEPARTMENT OF THE ARMY

U.S. ARMY CONTRACTING COMMAND – NEW JERSEY JOINT BASE MDL, NEW JERSEY 08640

SOLICITATION W15QKN24Q0009

REPLY TO ATTENTION OF

CCNJ-IT 20 December 2023

SUBJECT: Request for Quote (RFQ) W15QKN24Q0009, Lodging-in-Kind and Meals for the 200th Military Police Command.

Point of Contact:

Contract Specialist Joshua Polonio Joshua.s.Polonio.civ@army.mil

I) INTRODUCTION

Note: Offeror’s may use another format for submission of quotes. However, all quotes shall contain the minimum information required under Federal Acquisition Regulation (FAR) 52.212-1, Instructions to Offeror’s Commercial Products and Commercial Services (NOV 2021).

This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested.

The United States Army Contracting Command – New Jersey (ACC-NJ) has issued this Request for Quotation (RFQ) to fulfill the need of the 200th Military Police Command’s requirement to procure lodging and meals in five (5) locations across the Continental United States. Lodging will be required in Saint Petersburg, FL 33701, Flushing, NY 11359, Tampa, FL 33614, Fort Lauderdale, FL 33309, and Los Alamitos, CA 90720. The Period of Performance (POP) for the Saint Petersburg, FL 33701, Flushing, NY 11359, and Tampa, FL 33614 lodging and meals will be from January 18th, 2024-January 21st, 2024 as stated in the Statement of Work (SOW) in Section VI, below. The Period of Performance (POP) for the Fort Lauderdale, FL 33309 lodging and meals will be from January 31st, 2024-February 3rd, 2024, and lastly the Period of Performance (POP) for the Los Alamitos, CA requirement will be from February 22nd, 2024 – February 25th, 2024. This action is a Small-Business Set-Aside solicited on Sam.gov under NAICS code 721110 – Hotels (except Casino Hotels) and Motels. The Small Business Size Standard for NAICS 721110 is $35 Million. The award will be for a Firm-Fixed Price (FFP) contract.

All quotes shall contain the minimum information required under FAR 52.212-1, Instructions to Offerors, Commercial Items (Sep 2023) to include its associated addendum. Your quote, in accordance with FAR 52.212-3 Offeror Representations and Certifications, Commercial Items (Nov 2023), shall list your Unique Entity Identifier (UEI) number, CAGE code, Company name, Point of Contact, and phone number. If you need to obtain or renew a UEI number and 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 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.

1. All questions shall be in writing. Questions may be emailed to Joshua Polonio joshua.s.polonio.civ@army.mil and courtesy copying the Contracting Officer, Bradley Borek bradley.r.borek.civ@army.mil.

2. All offers shall be in writing. Quotes/offers must be submitted through email to Joshua Polonio joshua.s.polonio.civ@army.mil and courtesy copying the Contracting Officer, Bradley Borek at bradley.r.borek.civ@army.mil . Quotes are due no later than 10:00AM Eastern Standard Time on 28 December 2023.

3. The quote 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. 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.

c. 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 quote submitted by an offeror that is not a hotel, caterer, or restaurant, the offeror must submit with their technical quote, 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 requirements.

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 EIN & Bradstreet number are to be returned with the quote. EIN 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: sam.gov.

EIN 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 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 quote 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.

2. 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).

(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.

Technical Acceptable/Unacceptable Ratings

(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.

IV) SUPPLIES OR SERVICES BID SCHEDULE

Contractor Name: POC:

Telephone #:

E-mail address: Fax#:

Address:

Lodging

1 SINGLE OCCUPANCY AND 42 DOUBLE OCCUPANCY IN SAINT PETERSBURG, FL 33701 FOR

3 NIGHTS FFP

CHECK IN DATE – THURSDAY, 18 JANUARY 2024

CHECK OUT DATE – SUNDAY, 21 JANUARY 2024

TOTAL = 129 ROOMS

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. This price includes all applicable taxes, fees, gratuities, commissions, and service charges.

Meal- Breakfast

255 EA

Breakfast: 85 Soldiers for 3 days for 255 meals

IN SAINT PETERSBURG, FL 33701

CHECK IN DATE – THURSDAY, 18 JANUARY 2024

CHECK OUT DATE – SUNDAY, 21 JANUARY 2024

PRICE SHALL NOT EXCEED PER DIEM RATE

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. This price includes all applicable taxes, fees, gratuities, commissions, and service charges.

FOB: Destination

Meal- Lunch

Lunch: 85 Soldiers for 3 days for 255 meals

CHECK IN DATE – THURSDAY, 18 JANUARY 2024

CHECK OUT DATE – SUNDAY, 21 JANUARY 2024

PRICE SHALL NOT EXCEED PER DIEM RATE

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. This price includes all applicable taxes, fees, gratuities, commissions, and service charges.

NET AMT

Meal- Dinner

Dinner: 85 Soldiers for 3 days for 255 meals

CHECK IN DATE – THURSDAY, 18 JANUARY 2024

CHECK OUT DATE – SUNDAY, 21 JANUARY 2024

PRICE SHALL NOT EXCEED PER DIEM RATE

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. This price includes all applicable taxes, fees, gratuities, commissions, and service charges.

NET AMT

1 SINGLE OCCUPANCY AND 30 DOUBLE OCCUPANCY FOR

IN FLUSHING, NY 11359

CHECK IN DATE – THURSDAY, 18 JANUARY 2024

CHECK OUT DATE – SUNDAY, 21 JANUARY 2024

TOTAL = 93 ROOMS

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. This price includes all applicable taxes, fees, gratuities, commissions, and service charges.

183 EA

Breakfast: 61 Soldiers for 3 days for 183 meals

IN FLUSHING, NY 11359

CHECK IN DATE – THURSDAY, 18 JANUARY 2024

CHECK OUT DATE – SUNDAY, 21 JANUARY 2024

PRICE SHALL NOT EXCEED PER DIEM RATE

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. This price includes all applicable taxes, fees, gratuities, commissions, and service charges.

Lunch: 61 Soldiers for 3 days for 183 meals

CHECK IN DATE – THURSDAY, 18 JANUARY 2024

CHECK OUT DATE – SUNDAY, 21 JANUARY 2024

PRICE SHALL NOT EXCEED PER DIEM RATE

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. This price includes all applicable taxes, fees, gratuities, commissions, and service charges.

NET AMT

Dinner: 61 Soldiers for 3 days for 183 meals

CHECK IN DATE – THURSDAY, 18 JANUARY 2024

CHECK OUT DATE – SUNDAY, 21 JANUARY 2024

PRICE SHALL NOT EXCEED PER DIEM RATE

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. This price includes all applicable taxes, fees, gratuities, commissions, and service charges.

NET AMT

4 SINGLE OCCUPANCY AND 14 DOUBLE OCCUPANCY FOR

IN TAMPA, FL 33614

CHECK IN DATE – THURSDAY, 18 JANUARY 2024

CHECK OUT DATE – SUNDAY, 21 JANUARY 2024

TOTAL = 54 ROOMS

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. This price includes all applicable taxes, fees, gratuities, commissions, and service charges.

96 EA

Breakfast: 32 Soldiers for 3 days for 96 meals

IN TAMPA, FL 33614

CHECK IN DATE – THURSDAY, 18 JANUARY 2024

CHECK OUT DATE – SUNDAY, 21 JANUARY 2024

PRICE SHALL NOT EXCEED PER DIEM RATE

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. This price includes all applicable taxes, fees, gratuities, commissions, and service charges.

Lunch: 32 Soldiers for 3 days for 96 meals

CHECK IN DATE – THURSDAY, 18 JANUARY 2024

CHECK OUT DATE – SUNDAY, 21 JANUARY 2024

PRICE SHALL NOT EXCEED PER DIEM RATE

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. This price includes all applicable taxes, fees, gratuities, commissions, and service charges.

NET AMT

Dinner: 32 Soldiers for 3 days for 96 meals

CHECK IN DATE – THURSDAY, 18 JANUARY 2024

CHECK OUT DATE – SUNDAY, 21 JANUARY 2024

PRICE SHALL NOT EXCEED PER DIEM RATE

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. This price includes all applicable taxes, fees, gratuities, commissions, and service charges.

NET AMT

2 SINGLE OCCUPANCY AND 10 DOUBLE OCCUPANCY FOR

IN FORT LAUDERDALE, FL 33309

CHECK IN DATE – WEDNESDAY, 31 JANUARY 2024

CHECK OUT DATE – SATURDAY, 03 FEBURARY 2024

TOTAL = 36 ROOMS

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. This price includes all applicable taxes, fees, gratuities, commissions, and service charges.

66 EA

Breakfast: 22 Soldiers for 3 days for 66 meals

IN FORT LAUDERDALE, FL 33309

CHECK IN DATE – WEDNESDAY, 31 JANUARY 2024

CHECK OUT DATE – SATURDAY, 03 FEBURARY 2024

PRICE SHALL NOT EXCEED PER DIEM RATE

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. This price includes all applicable taxes, fees, gratuities, commissions, and service charges.

Lunch: 22 Soldiers for 3 days for 66 meals

CHECK IN DATE – WEDNESDAY, 31 JANUARY 2024

CHECK OUT DATE – SATURDAY, 03 FEBURARY 2024

PRICE SHALL NOT EXCEED PER DIEM RATE

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. This price includes all applicable taxes, fees, gratuities, commissions, and service charges.

NET AMT

Dinner: 22 Soldiers for 3 days for 66 meals

CHECK IN DATE – WEDNESDAY, 31 JANUARY 2024

CHECK OUT DATE – SATURDAY, 03 FEBURARY 2024

PRICE SHALL NOT EXCEED PER DIEM RATE

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. This price includes all applicable taxes, fees, gratuities, commissions, and service charges.

NET AMT

7 SINGLE OCCUPANCY AND 27 DOUBLE OCCUPANCY FOR

IN LOS ALAMITOS, CA 90720

CHECK IN DATE – THURSDAY, 22 FEBRUARY 2024

CHECK OUT DATE – SUNDAY, 25 FEBRUARY 2024

TOTAL = 102 ROOMS

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. This price includes all applicable taxes, fees, gratuities, commissions, and service charges.

180 EA

Breakfast: 60 Soldiers for 3 days for 180 meals

IN LOS ALAMITOS, CA 90720

CHECK IN DATE – THURSDAY, 22 FEBRUARY 2024

CHECK OUT DATE – SUNDAY, 25 FEBRUARY 2024

PRICE SHALL NOT EXCEED PER DIEM RATE

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. This price includes all applicable taxes, fees, gratuities, commissions, and service charges.

Lunch: 60 Soldiers for 3 days for 180 meals

CHECK IN DATE – THURSDAY, 22 FEBRUARY 2024

CHECK OUT DATE – SUNDAY, 25 FEBRUARY 2024

PRICE SHALL NOT EXCEED PER DIEM RATE

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. This price includes all applicable taxes, fees, gratuities, commissions, and service charges.

NET AMT

Dinner: 60 Soldiers for 3 days for 180 meals

CHECK IN DATE – THURSDAY, 22 FEBRUARY 2024

CHECK OUT DATE – SUNDAY, 25 FEBRUARY 2024

PRICE SHALL NOT EXCEED PER DIEM RATE

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. This price includes all applicable taxes, fees, gratuities, commissions, and service charges.

NET AMT

V) INSPECTION AND ACCEPTANCE:

Supplies/services will be inspected/accepted at:

V) STATEMENT OF WORK

See section VII, Attachment 0001, Statement of Work, dated 13 December 2023.

VI) 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):

CONTRACT PROVISIONS / CLAUSES

All FAR and DFARS clauses may be viewed in full text via the internet at https://www.acquisition.gov/. In accordance with FAR 52.252-1 (NOV 2021) solicitation provisions are hereby incorporated by reference.

The following Federal Acquisition Regulation/Defense Federal Acquisition Regulation Supplement (FAR/DFAR) clauses are applicable to this requirement. Please note that additional clauses may be incorporated clauses:

Debarred, Suspended, or Proposed for Debarment (NOV 2021)

2011)

(OCT 2016)

(DEC 2019)

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (DEC 2018)

252.232-7010 Preference for Certain Domestic Commodities (APR 2022)

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)

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 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) Representation. The Offeror represents that—

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

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section.

(e) Disclosures.

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

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

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

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

(End of provision) 52.204-26 Covered Telecommunications Equipment or Services-Representation (OCT 2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” 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)

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

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

(End of provision)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (DEC 2023)

As prescribed in 12.301(b)(4), insert the following clause:

Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (Dec 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 Covered Entities (Dec 2023) (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) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

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

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

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

XX (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (6) [Reserved].

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

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

(10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) (Pub. L. 115–390, title II).

__ (11)

(i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) (Pub. L. 115–390, title II).

__ (ii) Alternate I (Dec 2023) of 52.204–30.

XX (12) 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).

__ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (14) [Reserved].

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

__ (16) 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).

__ (17) [Reserved]

XX (18)

(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.

__ (19)

(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.

__ (20) 52.219-8, Utilization of Small Business Concerns (Sep 2023) (15 U.S.C. 637(d)(2) and (3)).

__ (21)

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

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

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

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

__ (v) Alternate IV (Sep 2023) of 52.219-9.

__ (22)

(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.

__ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637s).

__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

__ (25) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) (15 U.S.C. 657f).

XX (26)

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

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

__ (27) 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)).

__ (28) 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)).

__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).

XX(31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

XX(32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Nov 2023) .

XX(33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

XX(34)

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

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

XX(35)

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

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

XX(36)

(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.

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

XX(38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

XX(39)

(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).

__ (40) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (41)

(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.)

__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (44)

(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.

__ (45)

(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.

__ (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

__ (47)

(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.

XX(48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (49) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (50) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (51)

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

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

XX(52)

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

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

__ (53)

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

__ (ii) Alternate I [Reserved].

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

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

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

__ (54) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX(55) 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).

__ (56) 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).

__ (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

__ (59) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (60) 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).

__ (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

XX(62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

__ (63) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (64) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (65) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (66) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (67)

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

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

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

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

[Contracting Officer check as appropriate.] __ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

__ (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).

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

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

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

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

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

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

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

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

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

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

(e)

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

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

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

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

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by KasperskyLab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

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

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