Combined Synopsis_W15QKN24Q5116 RFQ Shower Camp Bullis TX.docx

DEPARTMENT OF THE ARMY

U.S. ARMY CONTRACTING COMMAND – NEW JERSEY

JOINT BASE MDL, NEW JERSEY 08640

SOLICITATION # W15QKN-24-Q-0067

REPLY TO ATTENTION OF

CCNJ-ET 13 May 2024

SUBJECT: Request for Quote (RFQ) Military Intelligence Readiness Command (MIRC) 314th MIB Showers

THIS SOLICITATION IS ISSUED AS A 100% SMALL BUSINESS SET ASIDE

Point of Contact:

Patrick Lyons – Patrick.t.lyons9.civ@army.mil Elizabeth A. Horak – elizabeth.a.horak2.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 (Sept 2023).

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 and a written solicitation will not be issued.

Solicitation Number W15QKN-24-Q-5116 is issued as a Request for Quote (RFQ) in accordance with FAR Part 12, Acquisition for Commercial Items and FAR Part 13 - Simplified Acquisition Procedures by The United States Army Contracting Command – New Jersey (ACC-NJ) to fulfill the 314TH Military Intelligence Battalion’s requirement to procure Mobile Shower Facility Rentals.

The period of performance for the shower facilities is 01 June 2024 through 16 June 2024.

A detailed breakout of the requirement can be found in the Statement of Work (SOW).

This action is a 100% Small-Business Set-Aside under North American Industry Classification System (NAICS) code 561210 – Facility Support Services. The Small Business Size Standard for NAICS 561210 is $47 Million.

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

In accordance with FAR 52.212-2, the Government intends to make an award to the Contractor who submits the Lowest Price Technically Acceptable (LPTA) quote and deemed responsive and responsible by the Contracting Officer. Offeror must meet the requirements as specified in the Statement of Work (SOW) and this RFQ. The anticipated award will be a Firm Fixed-Price Purpose Order 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.

II) 52.212-1 INSTRUCTIONS TO OFFERORS (ADDENDUM)

1. All questions shall be in writing. Questions may be emailed to Patrick Lyons at Patrick.t.lyons9.civ@army.mil and cc Elizabeth Horak at elizabeth.a.horak2.civ@army.mil NLT 4:00PM EDT, 16 May 2024. All responses must be marked with Solicitation Number W15QKN24Q0067 in the subject line of the email.

2. Quotes are due no later than 4:00 PM Eastern Standard Time on 16 May 2024.

3. The proposal must include the following information:

a. Technical:

i. Write up and specifications of proposed Mobile Showers Facility Rental to meet the Statement of Work; and

ii. 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. The Contractor shall submit with its offer, it’s valid Certificate of Insurance, as prime contractor, in accordance with the requirements and applicable insurance amounts set forth within the solicitation at FAR 52.228-5, Insurance – Work on a Government Installation,” and “Insurance Requirements.”.

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

4. The contractor shall provide all personnel, equipment, tools, materials, supervision, and other items necessary to provide the incidental contracted services as described in Attachment 001 – Statement of Work.

5. 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.

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

7. Only one award will be made from this RFQ.

8. All quotes must be valid for a minimum of 60 days.

9. All representations and certifications to include provision of SAM UEI are to be returned with the quote. A contractor that is receiving an award resulting from this request for quotation must be registered in the SAM prior to contract award. To register, offerors may log onto: https://sam.gov/.

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

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

(a) The Government will award a contract resulting from this solicitation to the responsive* responsible** offeror whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The Government intends to award a single purchase order contract to an offeror whose proposal is determined to be the lowest priced technically acceptable based on the following evaluation factors (TECHNICAL and PRICE). The Government intends to make award without discussions (except for clarifications), but the Government reserves the right to conduct discussions and permit Offerors to revise their quotes. Quotes that are unrealistic in terms of technical or schedule commitments or contained unbalanced prices, may be considered indicative of a lack of understanding of the complexity of the contract requirements and may be determined Unacceptable.

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. The minimum requirements have been met if the description of the requirements in the Quote clearly meet the minimum requirements of the RFQ including:

0. All of the requirements of the SOW

0. The Period of Performance (2 June 2024 – 15 June 2024)

1. Price - Price will be evaluated to determine if the offerors proposed price is fair, reasonable, and balanced using price analysis techniques in accordance with the guidelines in FAR 15.404-1(b). Unreasonably high or unrealistically low proposed prices may be grounds for eliminating a proposal from consideration. Fair and reasonable pricing will be established on the basis of competition. If competition cannot be established, a price analysis will be performed.

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

Technical Acceptable/Unacceptable Ratings

(c) Minimum Acceptability: If an Offeror takes exception to any of the terms and conditions in the RFQ, the offer may not be considered for award. All Offerors are urged to ensure that their initial quotes are submitted with the most favorable terms in order to reflect their best possible potential.

(d) 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.

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

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

***The Contracting Officer reserves the right to award without discussions.

IV) SUPPLIES OR SERVICES BID SCHEDULE

DISCLOSURE OF UNIT PRICE INFORMATION

This constitutes notification pursuant to Executive Order 12600, Pre-Disclosure Notification Procedures for Confidential Commercial Information (June 23, 1987), of our intention to release unit prices in response to any request under the Freedom of Information Act, 5 USC 552. Unit price is defined as the contract price per unit or item purchased. We consider any objection to be waived unless the contracting officer is notified of your objection to such posting prior to submission of initial proposals.

Contractor Name: POC:

Telephone #:

E-mail address: Fax#:

Address:

Contractor shall provide “Mobile Shower Facility Rental” in accordance with Attachment 0001 - Statement of Work.

The contractor shall provide four mobile shower facilities, two each per male and female that at a minimum contain twelve working shower stalls. Mobile Shower facilities must be self-contained for both fresh and grey water and be powered by generators. Training Area facilities do not have the required hook ups for outside utilities. There must be separate mobile facilities for females and males.

The Period of Performance (POP) will be 01 June 2024 through 16 June 2024.

V) INSPECTION AND ACCEPTANCE:

Supplies/services will be inspected/accepted at:

VI) STATEMENT OF WORK

Statement of Work (SOW)

MOBILE SHOWER FACILITY RENTALS

Military Intelligence Readiness Command 314th MI BN Camp Bullis, TX 78257

GENERAL: The 314th Military Intelligence Battalion (MI BN) have requirements for mobile Shower Facilities for Military Service Members of the 314th MI BN to attend training and to increase readiness located at Camp Bullis, TX. The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to accomplish the tasks outline in the of Military Service Members, Department of Defense Civilians, and any Government Officials.

OBJECTIVE/SCOPE: Mobile Shower Facilities are required to support Military Service Members of the 314th MI BN attending Annual Training for Centurian Ice at Camp Bullis, TX.

PERIOD OF PERFORMANCE:

314th MI BN: 2 Jun 2024 through 15 Jun 2024

The period performance for the mobile Shower Facilities is 2 June 2024 through 15 June 2024.

Date of Mobilization (Time Allotted to Set-Up): 1 June 2024 Operational Start: 2 June 2024 at 1900hrs Date of De-Mobilization (Time Allotted to Tear-Down): 16 June 2024 Operational Finish: 15 June 2024, at 2000hrs

PLACE OF PERFORMANCE:

314th MI BN: The Mobile Shower Facility shall be placed at Hutments Lodging Area located on Camp Bullis, TX. The vendor may enter the Camp Bullis Training Area Operations at the Main Gate located off Military Highway. Upon arrival the vendor will contact the Military Personnel Identified within the award of this contract for coordinating instructions. The military POC will meet and escort the vendor to the training site located at Hutments Lodging Area. This location is accessed by both hard surfaced and dirt roads, where the mobile units will be established in a field condition with no on-site power systems available. Specific grid coordination’s of the site will be provided by the military POC upon request.

Requiring Activity Point of Contact (POC): The following POC shall be utilized for the performance of the requirement. They shall not be contacted through the procurement process.

Name: Jill Eshleman Title/Rank: MSG Email: jill.a.eshleman.mil@army.mil Phone Number: 703-806-6287

314th MI BN Military Contact (POC): The following POC shall be utilized for the performance of the requirement. They shall not be contacted through the procurement process.

Name: Egberto Molina Title/Rank: SFC Email: egberto.molina.mil@army.mil Phone Number: 347-410-2087

SPECIFIED SUPPORT: The 314th MI BN mobile Shower Facilities for 150 personnel in field condition from 2 June 2024 through 15 June 2024. The vendor/ Service Provider will not have on site power available and the roads to the training site vary from paved to packed dirt.

a. SHOWER FACILITY: The contractor shall provide four mobile shower facilities, two each per male and female that at a minimum contain, twelve working showers stalls. Mobile Shower facilities must be self-contained for both fresh and grey water and be powered by generators. Training Area facilities do not have the required hook ups for outside utilities. There must be separate mobile facilities for females and males.

b. INCIDENTAL SERVICES: The contractor shall provide incidental services listed below.

Mobile Shower Facilities must be in sanitary condition upon arrival. Mobile shower facility must contain a shower with a wash basin. Additionally mobile facilities must have adequate lighting and proper ventilation. The shower shall have shower doors or curtains.

Mobile Shower facility and hand washing station service will only be refilling the freshwater tank and removal and disposal of grey water.

The contractor will provide support, maintenance of all equipment, and keep them free of trash and debris. The contractor will ensure all equipment is sanitized and in working condition. Cleaning will be performed at a minimum of once daily and equipment failure will be repaired or corrected within 8 hours of notification. The contract shall ensure the equipment is free of dirt as the training is a field environment.

Generators/Fuel: The contractor shall be responsible for providing enough power to run the Mobile Shower Facilities for 24 hours a day for the duration of the exercise. The contractor shall be responsible for all fuel required for powering facilities.

All waste oil, fuel spills and any HAZMAT materials generated as a result of the contractor activities will be cleaned immediately and all residues transported away for proper disposal in accordance with applicable laws and regulations at the Contractor's expense.

Contractor's Equipment: The contractor is solely responsible for the operation and good repair of their mobile facilities and equipment.

Bulk Water: The contractor shall transport bulk water to the facilities.

Gray Water/Trash: The contractor shall be responsible for removing gray water and proper offsite disposal.

Cleaning and Trash Removal: The contractor shall be responsible for ensuring the facilities are cleaned and restocked daily to maintain 24 hour a day operations. The contractor shall be responsible for removing and proper disposal of the trash generated at the facility as a result of operations.

HEALTH, SAFETY AND SECURITY:

a. Access and General Protection Policy and Procedures: For contractors that do not require CAC, but require access to a DoD facility or installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

b. iWATCH Training: This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of contract award and within 05 calendar days of new employees commencing performance with the results reported to the COR NLT 30 calendar days after contract award.

c. For contracts that require delivery of food and water. This standard language is for contractor employees with an area of performance delivering food and water within an Army-controlled installation, facility or area. The supplies delivered under this contract shall be transported in delivery conveyances maintained to prevent tampering with and / or adulteration or contamination of the supplies, and if applicable, equipped to maintain a prescribed temperature. All delivery vehicles will also be subject to inspection at all times and all places by the Contracting Officers Representative, Post Veterinarian, and / or Law enforcement Officials. When the sanitary conditions of the delivery conveyance have led, or may lead to product contamination, adulteration, constitute a health hazard, the delivery conveyance is not equipped to maintain prescribed temperatures or the transport results in product "unfit for intended purpose", supplies tendered for acceptance may be rejected without further inspection. As the holder of a contact with the Department of Defense, it is incumbent upon the awardee to ensure that all products and/or packaging have not been tampered or contaminated. Delivery conveyances will be locked or sealed at all times, except when actively loading or unloading. Unsecured vehicles will not be left unattended. All incoming truck drivers will provide adequate identification upon request. In the event of an identified threat to an installation, or a heightened force protection/Homeland Security threat Level, the contractor may be required to adjust delivery routes to minimize vulnerability risks and enable direct delivery to DOD facilities.

d. The contractor presented to the Government must be either a Federal Emergency Management Agency (FEMA) approved or an approved GSA vendor.

ELECTRONIC INVOICING: The Wide Area Workflow system in the method to electronically process vendor payment request and receiving reports, as authorized by Defense Federal Acquisition Regulation 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

Actual Receipts shall be provided to the Military Intelligence Readiness Command (MIRC) Requiring Activity and/or Unit point of contact.

All equipment shall be paid for through the contracting office, unless noted otherwise. The Federal Government is tax exempt.

Personal Expenses: Any damages that occur will be at the either the soldiers or unit’s expense.

Price quoted shall include all costs associated with set up/tear down, service, generator rental, water tank and pump rental, gray water removal, and fresh water supply as needed as well as delivery charges.

The Contractor shall also provide a hard copy invoice to support WAWF invoicing.

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

ROLES AND RESPONSIBILITIES:

CONTRACTOR: A supplier, vendor or third party awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime contractor.

CONTRACTING OFFICER: The Contracting Officer is the only official with the expressed authority to obligate the Government or make changes to the contract/agreement. Under NO circumstances shall changes to the contract/agreement, be made without the written consent of the Contracting Officer.

REQUIRING ACTIVITY (POC): This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

SUBCONTRACTOR: One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor; therefore, the Government will communicate with the prime contractor who in turn communicates with the subcontractor.

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

CLAUSES INCORPORATED BY REFERENCE

52.203-3 52.203-11

52.203-17

52.203-18

52.204-7 52.204-9 Gratuities (Apr 1984) Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sept 2007) Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Jun 2020) Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017) System for Award Management (OCT 2018) Personal Identity Verification of Contractor Personnel (Jan 2011)

52.204-16 52.204-17 Commercial and Government Entity Code Reporting (JUL 2016) Ownership or Control of Offeror (Aug 2020)

52.204-19 52.204-20 52.204-23

52.204-26

52.209-2 52.209-5 52.209-10 Incorporation by Reference of Representations and Certifications.

Predecessor of Offeror (Aug 2020) Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) Covered Telecommunications Equipment or Services-Representation (Oct 2020) Prohibition on Contracting with Inverted Domestic Corporations-Representation (Nov 2015) Certification Regarding Responsibility Matters (Aug 2020) Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

52.212-4 52.219-1 Alt I 52.222-22 52.222-25 52.228-5 52.229-3 Contract Terms and Conditions – Commercial Items (NOV 2023) Small Business Program Representations (FEB 2024) Previous Contracts and Compliance Reports (Feb 1999) Affirmative Action Compliance (Apr 1984) Insurance-Work on a Government Installation (Jan 1997) Federal, State, and Local Taxes (Feb 2013)

52.232-11 52.232-33 Extras (APR 1984) Payment by Electronic Funds Transfer-System for Award Management (Oct 2018)

52.232-40 52.233-1 52.233-2 52.233-4 52.237-2 52.242-13 52.242-15 52.243-1 52.246-2 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) Disputes (MAY 2014) Service of Protest (SEP 2006) Applicable Law for Breach of Contract Claim (Oct 2004) Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) Bankruptcy (July 1995) Stop-Work Order (Aug 1989) Changes – Fixed Price (AUG 1987) Inspection of Supplies-Fixed-Price (Aug 1996)

Controls (OCT 2016)

2016)

252.204-7015 252.204-7017

252.204-7018

252.211-7003 252.213-7000

252.215-7013 252.222-7007 252.225-7012 Disclosure of Information to Litigation Support Contractors (MAY 2016) Prohibition On the Acquisition Of Covered Defense Telecommunications Equipment Or Services—Representation (MAY 2021) Prohibition On the Acquisition Of Covered Defense Telecommunications Equipment Or Services (JAN 2023) Item Unique Identification and Valuation (JAN 2023) Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations (SEP 2019) Supples and Services Provided By Nontraditional Defense Contractors (Jan 2023) Representation Regarding Combating Trafficking in Persons (JAN 2015) Preference For Certain Domestic Commodities (APR 2022)

252.232-7010 252.239-7017 Levies on Contract Payments (DEC 2006) Notice of Supply Chain Risk (DEC 2022)

252.243-7001 252.244-7000 252.246-7000 Pricing of Contract Modifications (DEC 1991) Subcontracts For Commercial Products or Commercial Services (Jan 2023) Material Inspection and Receiving Report (MAR 2008)

252.225-7056 Prohibition Regarding Business Operations with the Maduro JAN 2023 Regime 52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 252.225-7055 Representation Regarding Business Operations with Maduro MAY 2022 Regime 252.225-7059 Prohibition on Certain Procurements from the Xinjiang JUNE 2023 Uyghur Autonomous Region Representation

252.239-7098 Prohibition on Contracting to Maintain or Establish a Computer APR 2021

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements JAN 2023 252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 52.204-22 Alternate Line Item Proposal JAN 2017

CLAUSES INCORPORATED BY FULL TEXT

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

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

(End of clause)

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

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

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

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

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

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

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

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

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

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

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

(c) Representations.

(1) 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 (FEB 2024)

(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).

_x_ (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).

_x_ (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.

_x_ (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]

_x_ (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.

_x_ (20) 52.219-8, Utilization of Small Business Concerns (Feb 2024) ( 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 Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) ( 15 U.S.C. 657f).

_x_ (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Feb 2024) ( 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)).

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

_x_ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024).

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

_x_ (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

_x_ (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.

_x_ (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.

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

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

_x_ (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.

_x_ (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.

__ (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 (Feb 2024) 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).

_x_ (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).

__ (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).

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

_X_ (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:

__ (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…