COMBINED SYNOPSIS-SOL Landfill Disposal Contract.docx

COMBINED SYNOPSIS/SOLICITATION FOR

LANDFILL DISPOSAL SERVICES

General Information

Contracting Office Address Red River Army Depot Directorate for Contracting 100 James Carlow Drive, Bldg. 735 Texarkana, TX 75505-5000 Contract Specialist: Vanessa Buster vanessa.k.buster.civ@army.mil Contracting Officer: Aeron Miller aeron.p.miller.civ@army.mil Description This is a combined synopsis/solicitation for commercial Landfill Disposal Services at Red River Army Depot (RRAD). Activities at RRAD generate significant quantities of Texas Class II non-hazardous waste. This solicitation covers the acceptance and disposition into a permitted landfill. The landfill awarded must be in a 50-mile radius of RRAD as the equipment to haul this non-hazardous waste solid waste is not suitable for transportation of farther transport. The following non-hazardous solid waste streams generated at RRAD are Asbestos Waste, Boiler Ash Waste, Construction Debris, Plant Trash, Rubber Debris, and Weathered Timbers. This is prepared in accordance with the format in Federal Acquisition Regulation (FAR) 13.5 and (FAR) 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested to be filled in on page 5.

The associated North American Industry Classification System (NAICS) code is 562212, with a small business size standard of $47.0. The product service code is X1ND. The Government will award a Firm‐Fixed Price (FFP) Contract. The contract will have a base year and four option years, each consisting of 12 months each.

Basis for Award: See Provision at FAR 52.212-2 below.

Submission of Questions: Any questions regarding this RFQ must be received by 7 December 2023 at 10:00 AM Central Standard Time (CST). Questions shall be submitted by email to Contract Specialist at vanessa.k.buster.civ@army.mil.

Responses to questions are not considered changes to the RFQ as the only way the RFQ can be modified is through an amendment that will be issued. Oral explanations or instructions given before the award of a contract will not be binding. Upon receipt of questions, the Government will provide answers to all questions by email/sam.gov. Contractors will be notified if an extension is needed to respond to the questions submitted.

Submission Due Date: All offers are due by 2 January 2024 at 10:00 AM (CST). All responses received within this time frame will be considered by the government. Responses shall be submitted electronically to vanessa.k.buster.civ@army.mil concerning this acquisition. Offeror must be registered in System for Award Management (SAM) prior to receiving an award. Refer to website https://www.sam.gov/portal/public/SAM/.

All interested companies shall provide offers for the following:

Signature & Name/Title of person authorized to sign offer:

Offer Date - ___________________________

Performance Work Statement

1.0 Performance Work Statement (PWS). This PWS covers the acceptance and disposition of Texas Class II non-hazardous waste into a permitted landfill Monday through Friday during the hours of 0730-1600 unless it is a federal holiday where Red River Army Depot (RRAD) is on holiday. This support shall be for firm fixed pricing of various types of Class II non-hazardous waste that shall be deposited into an approved Texas landfill. This Texas Class II non-hazardous waste generated from RRAD in Texarkana, Texas and be delivered to the landfill. The landfill awarded a contract must be in a 50 mile radius of RRAD as the equipment used to haul this non-hazardous solid waste is not suitable for transportation of distances greater than that.

2.0 REQUIREMENTS

2.1 Delivery of Class II non-hazardous solid waste to the landfill

2.1.1 The Class II non-hazardous solid waste shall be delivered to the landfill in Front End Loader Trucks and Roll Off Trucks. The various types of containers shall be roll-offs of these sizes: 40 cubic yard, 30 cubic yard, 20 cubic yard, 15 cubic yard, 40 cubic yard compactor and front-end loader trucks (compacted).

2.1.2 All waste streams being deposited into the landfill shall be approved Class II Texas non-hazardous solid waste.

2.1.3 The following non-hazardous solid waste streams generated at RRAD and to be deposited into the landfill with the following estimated period of performance quantities, not guaranteed minimum or maximum amounts these amounts depend on mission. The government shall pay actuals only.

3.0 APPLICABLE DOCUMENTS.

3.1 Non-Hazardous Manifest

3.1.1 All Class II non-hazardous solid waste transported and deposited into the landfill shall be manifested using a Landfill Non-Hazardous Waste Manifest for tracking. Class II non-hazardous waste manifest shall be provided by the landfill upon request from the Contracting Officer Representative (COR).

3.1.2 Said non-hazardous manifest shall be returned by the landfill with the top sheet being ticket with the customer information, Manifest number, Ticket number, Date received, cubic yard container size, type of non – hazardous waste with it’s profile number, gross, tare, net and tons along with the other colored sheets connected to the Non-Hazardous Solid Waste Manifest to RRAD COR within 10 business days of receipt.

4.0 ADDITIONAL INFORMATION

4.1 Holidays

4.1.1 The following holidays are observed:

Contract is for a one-year period from the effective date of the contract, with four (4) option years. Quantities are estimates. There is no guarantee of minimum or maximum quantity per delivery. The government shall pay actuals only.

The contractor is responsible for Contractor Manpower Reporting in accordance with the guidance on https://cmra.army.mil

Prior to award of this contract, the government reserves the right to inspect the landfill site to include compliance records, permits and/or any other applicable documents identifying compliance with State and Federal laws/regulations.

Prior to the start a work, contractor must attend an in person start of work meeting with the Contract Specialist (KO) and COR on the date assigned by the KO.

Table 1

AS6311 - ALT

A.__ Electronic Contracting

(a) All Army Contracting Command – Detroit Arsenal solicitations will be publicized on the System for Award Management website (https://www. sam.gov). Any additional attachments, including Technical Data Packages (TDPs) when available electronically, will be separate attachments or links embedded in the solicitation.

(b Unless directed to do otherwise in Section L of this solicitation, offerors shall follow the instructions in paragraph (c) below.

(c) With the recent transition from www.FBO.gov to www.beta.sam.gov and then to www.sam.gov, the www.sam.gov site has been experiencing a number of issues. Interested Offerors shall submit a proposal via email to the Contract Specialist (vanessa.k.buster.civ@army.mil) and cc the corresponding Contracting Officer (aeron.p.miller.civ@army.mil) with the subject header: Proposal Submission – W911RQ-24-R-0097 (company name). Once a proposal is received, the Contract Specialist/Contracting Officer will reply with the respective Offeror stating receipt of proposal submission.

(1) Maximum size of each e-mail shall be 10 megabytes. You may use multiple e-mail messages for each bid/submission, however, you must annotate the subject lines as described above for each message, and number them in this manner: “Message 1 of 3, 2 of 3, 3 of 3”. Bids can be submitted can be submitted using any of the following electronic formats:

(2) Microsoft Office Products; Word, Excel, or PowerPoint. Spreadsheets must be sent in a format that includes all formulate macro and format information. Print image is not acceptable.

(3) Files in Adobe PDF (Portable Document Format). Scanners should be set to 300 dots per inch.

(4) Files in HTML (Hypertext Markup Language). HTML documents must not contain active links to live Internet sites or pages. All linked information must be contained within your electronic bid/offer and be accessible offline.

(5) Other electronic formats are not acceptable.

Ensure that filenames of attachments DO NOT contain spaces to limit virus scanners rejecting the email as unscannable.

(d) Please pay close attention to the Issued By block location on the cover page of the solicitation for closing date and time. The closing date and time is based on the local time of the listed location of the Issued By office. In accordance with FAR 15.208(a), offerors are responsible for submitting proposals, and any revisions, and modifications, so as to be received by the Government office designated in the solicitation by the time specified.

(e) It is the responsibility of the Offeror to ensure the proposal/quote is received by the date and time specified on the cover page of this solicitation. In accordance with FAR 15.208, if the proposal/quote was not received at the initial point of entry to the Government infrastructure (in this case, received through SAM) by the exact date and time specified on the cover page of this solicitation, it will be determined late. Proposal/quote is defined to mean ALL volumes or parts required in the solicitation are included in the electronic submission.

Note: There is no "expected" or "target" length of time for proposal submission; size and content may be factors, therefore offerors are strongly cautioned when submitting proposals to allow adequate time for submission.

(f) Solicitations may remain posted on www.Ssam.gov after the solicitation closing date. If the response deadline has passed for the solicitation, vendors will no longer be able to submit electronic responses.

(g) Any award issued as a result of this solicitation will be distributed electronically. In the event of a FOIA request for a copy of any award issued as a result of this solicitation, or any subsequent modifications to the contract, the contract and modifications will be released, including the awarded unit price. This is the notice required by Executive Order 12600 (June 23, 1987) of the Government’s intention to release unit prices in response to any request under the Freedom of Information Act (FOIA), 5 USC 552. Unit price is defined as the contract price per unit or item purchased as it appears in Section B of the contract and is NOT referring to nor does it include Cost or Pricing data/information. If an Offeror objects to such release in the base contract or contract modifications, the Offeror must notify the contracting officer in writing prior to the closing date identified in this solicitation and include the rationale for the objection consistent with the provisions of FOIA. A release determination will be made based on rationale given.

(h) Questions pertaining to this solicitation should be directed to the Contract Specialist identified on the cover page of this solicitation. For technical assistance in doing business with the Government, and doing business electronically, please visit the Procurement Technical Assistance Center (PTAC) website at http://www.aptac-us.org/ to locate a regional center.

AS6311

A.__ Electronic Contracting

(a) All Army Contracting Command – Detroit Arsenal solicitations will be publicized on the System for Award Management website (https://www.sam.gov). Any additional attachments, including Technical Data Packages (TDPs) when available electronically, will be separate attachments or links embedded in the solicitation.

(b) As of 10 August 2015, unless directed to do otherwise in Section L of this solicitation, vendors are required to submit a quote or proposal on the website SAM.gov.

(c) Please pay close attention to the Issued By block location on the cover page of the solicitation for closing date and time. The closing date and time is based on the local time of the listed location of the Issued By office. In accordance with FAR 15.208(a), offerors are responsible for submitting proposals, and any revisions, and modifications, so as to be received by the Government office designated in the solicitation by the time specified.

(d) It is the responsibility of the Offeror to ensure the proposal/quote is received by the date and time specified on the cover page of this solicitation. In accordance with FAR 15.208, if the proposal/quote was not received at the initial point of entry to the Government infrastructure (in this case, received through SAM) by the exact date and time specified on the cover page of this solicitation, it will be determined late. Proposal/quote is defined to mean ALL volumes or parts required in the solicitation are included in the electronic submission.

Note: There is no "expected" or "target" length of time for proposal submission; size and content may be factors, therefore offerors are strongly cautioned when submitting proposals to allow adequate time for submission.

(e) Solicitations may remain posted on www.SAM.gov after the solicitation closing date. If the response deadline has passed for the solicitation, vendors will no longer be able to submit electronic responses.

(f) Any award issued as a result of this solicitation will be distributed electronically. In the event of a FOIA request for a copy of any award issued as a result of this solicitation, or any subsequent modifications to the contract, the contract and modifications will be released, including the awarded unit price. This is the notice required by Executive Order 12600 (June 23, 1987) of the Government’s intention to release unit prices in response to any request under the Freedom of Information Act (FOIA), 5 USC 552. Unit price is defined as the contract price per unit or item purchased as it appears in Section B of the contract and is NOT referring to nor does it include Cost or Pricing data/information. If an Offeror objects to such release in the base contract or contract modifications, the Offeror must notify the contracting officer in writing prior to the closing date identified in this solicitation and include the rationale for the objection consistent with the provisions of FOIA. A release determination will be made based on rationale given.

(g) Questions pertaining to this solicitation should be directed to the Contract Specialist identified on the cover page of this solicitation. For technical assistance in doing business with the Government, and doing business electronically, please visit the Procurement Technical Assistance Center (PTAC) website at http://www.aptac-us.org/ to locate a regional center.

C.____ ENVIRONMENTAL MANAGEMENT SYSTEM

(a) RRAD has implemented an Environmental Management System (EMS), which is based on ISO-14001, and is concerned about environmental issues. RRAD desires to conduct its business operations in an environmentally sound manner. Relevant significant aspects will be communicated to contractors (including those used for outsourcing) and suppliers through the solicitation package where applicable. RRAD expects its suppliers and contractors to provide, at the same quality and price, products and services that have the least environmental consequence of all available options.

(b) Wherever possible, where a supplier’s product is causing a significant environmental aspect at RRAD, RRAD will communicate to that supplier that they should select the available option that minimizes the potential environmental impact of that product. Any contractor with plans to be working six months or longer at RRAD must receive EMS awareness training and information on operational controls where applicable. This training is thirty minutes in duration and will be provided by RRAD. A copy of the RRAD Environmental Policy can be viewed on the Depot Website via the Internet.

C.__ ADMINISTERING CONTRACTING OFFICER

NAME: Aeron P. Miller ADDRESS: Red River Army Depot 100 James Carlow Drive

ATTN: CCTA-HDR

Texarkana, Texas 75507-5000

TELEPHONE: (571)588-1514

E-MAIL: aeron.p.miller.civ@army.mil

H,__ TASK ORDER PROCEDURES

(a) The contractor shall incur costs under this contract only in the performance of Task Orders and modifications to Task Orders issued by the Contracting Officer in accordance with this procedure. No other costs are authorized without the express written consent of the Contracting Officer.

(b) Task Orders will be issued by the Contracting Officer to the contractor incorporating (i) the task to be performed to include deliverables; (ii) the required task dates or overall period of performance; and, (iii) any Government-furnished property. Deliverables may consist of charts, reports, briefing notes, tabulations, view graphs, computer software, materials, prototypes, presentations, etc., as appropriate.

(c) Task Orders will be issued on a Cost-Plus-Fixed-Fee basis with a specified period of performance on a DD Form 1155 Order for Supplies or Services which shall incorporate the Task SOW provided by the Government. A revision to a Task Order will be issued on a Standard Form 30 Amendment of Solicitation/Modification of Contract and may incorporate revisions to Task SOWs that will clearly indicate the revisions.

(d) The Government guarantees that at least the identical minimum amount will be ordered during each contract period. This minimum amount may be issued at any time during the ordering period (i.e., it may not necessarily be issued at the beginning of each contract period).

(e) In the event of multiple awards, each awardee will be provided a fair opportunity to be considered for each order. Broad discretion will be exercised by the Contracting Officer who will consider the following factors in the placement of orders:

(1) Quality of Proposal submitted for the task.

(2) Past performance in a given functional area identified in source selection and/or on previous tasks issued thereunder;

(3) Quality of deliverables provided on previous Task Orders;

(4) Cost control ability demonstrated by previous Task Orders and/or required due to the complexity of the proposed Task Order;

(5) Cost reasonableness on previous Task Orders, or cost competition on the proposed Task Order;

(6) Urgency of the requirement;

(7) Uniqueness of the requirement; and,

(8) Whether the task is considered to be a continuation of a previously issued Task Order.

Typically, each new Task Order will be subjected to the above factors, and if deemed by the Contracting Officer as appropriate for “competition” will be submitted to each awardee for development of a Task Proposal, to include a cost “volume” (see in this respect paragraph g. below).

(f) No protest under FAR Subpart 33.1 is authorized in connection with the issuance or proposed issuance of a Task Order, except on the grounds that the order increases the scope or maximum value of the contract in total (not necessarily each contract period).

(g) The contractor shall submit to the Contracting Officer a Task Proposal within ten (10) calendar days after receiving a draft of the task SOW and written notification from the Contracting Officer that a Task Proposal is required. The Task Proposal shall provide the contractor’s detailed approach to accomplishing the requirements of the task and will identify the contractor’s overall estimate for completing the task. An oral presentation may be required in lieu of or in addition to the Task Proposal. Specific direction will be provided by the Contracting Officer.

(h) The contractor shall initiate task performance promptly upon receipt of a fully executed Task Order that has been signed by the Contracting Officer. The signed Task Order will incorporate all items agreed upon during cost proposal discussions.

(i) It is the Government’s intent to fully fund each task order when issued; however, it may be necessary to incrementally fund some task orders.

(j) The “Limitations of Funds” clause contained in Section I herein will be applicable to all funding actions (whether or not they are incremental or full funding type actions).

(k) This ordering procedure is of a lesser order of precedence than the “Limitation of Funds” clauses of the contract. The contractor is not authorized to incur costs on task orders which are not in compliance with this clause.

(l) Changes. The contractor cannot exceed the DPPH or costs specified in each task order without the written approval of the contracting officer. Any changes to task content, total DPPH hours, estimated cost, schedules, and deliverables shall be documented by a modification to the task order.

LS7015

L.___ HQ-AMC LEVEL PROTEST PROCEDURES

Complete AMC Protest Procedures can be found at: http://www.amc.army.mil/Connect/Legal-Resources/ An agency protest may be filed with either the contracting officer or to HQAMC but not both following the procedures listed on the website above.

MS7311

M.___ CONTRACTOR RESPONSIBILITY AND ELIGIBILITY FOR AWARD

(a)The Government will award a contract to the offeror that:

(1) submits the lowest evaluated offer if award is based on price only, or the offer that provides the best value to the Government if factors in addition to price are identified elsewhere in this solicitation,

(2) submits a bid or proposal that meets all the material requirements (including technical requirements of the specification, if applicable) of this solicitation, and

(3) meets all the responsibility criteria at FAR 9.104.

(b) To make sure that an offeror meets the responsibility criteria at FAR 9.104 the Government may:

(1) arrange a visit to the offeror’s plant and perform a preaward survey;

(2) ask the offeror to provide financial, technical, production, or managerial background information.

(c) If the offeror does not provide the Government with the data requested within 7 days from the date the requested is received, or if the offeror refuses to have an onsite visit to the offeror’s facility, the Government may determine the offeror to be nonresponsible.

(d) If the Government visits the offeror’s facility, please make sure that current certified financial statements and other data relevant to the bid or proposal available for Government personnel to review.

C.__ Task Order Notice This is issued under and pursuant to the provisions of (the “Agreement”). The terms and conditions of the Agreement are hereby incorporated by reference and, except as provided herein by this order, remain in full force and effect.

Instructions, Conditions, & Notices to Offerors 52.212-1 Addendum, Instructions to Offerors A-1. Period for Acceptance of Offers IAW FAR 52.215-1(d). The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.

A-2. To ensure timely and equitable evaluation of offers, offerors must follow the instructions contained herein. Offers must be complete, self-sufficient, and respond directly to the requirements of this solicitation. A complete quote consists of: Part I – Price. Failure to furnish a complete offer may result in the offer being determined unacceptable by the Government. Response to this solicitation must be submitted by the due dates specified in this Combined Synopsis Solicitation. The signed Combined Synopsis Solicitation document must be submitted electronically to all individuals listed below. Receipt of your electronic submittal will be acknowledged via return email; if you do not receive an acknowledgement, you are advised to call for confirmation as firewall protections may block emails and/or strip attachments. Contact information is as follows (email is highly suggested):

Contract Specialist – Vanessa Buster, vanessa.k.buster.civ@army.mil (571-588-1506)

A-3. Specific Instructions:

A-3.1 Part I, Price. Offerors are asked not to alter the electronic version of this Combined Synopsis Solicitation other than to fill in pricing information in Table 1, page 5. The extended amount must equal the quantity multiplied by the unit price. To prevent rounding issues, unit prices are to be rounded to the nearest whole dollar. Note: It is the responsibility of each offeror to verify their calculations.

A-3.1.1 Page 2 of this Solicitation - Complete the items listed below. In doing so, the offeror accedes to the contract terms and conditions as written in the solicitation, to include attachments. The solicitation constitutes the model contract.

Offeror Business Name & Address Name/POC Cage Code/ Unique Entity ID Signature: Name/Title of person authorized to sign offer Offer Date

Interchanges: The Government may conduct interchanges with one, some, none, or all vendors at its discretion.

(End of 52.212-1 Addendum)

Evaluation Factors for Award

52.212-2 Addendum, Evaluation Methodology B-1 BASIS FOR CONTRACT AWARD: This requirement will be awarded to the responsible offeror whose quote conforming to the solicitation is determined to represent the best selection for the Government based on meeting price. This acquisition is being conducted in accordance with FAR Part 13 Simplified Acquisition Procedures. By submission of its offer, the offeror accedes to all solicitation requirements, including terms and conditions, representations, and certifications. The offeror accedes to the terms of this model contract and all such offers shall be treated equally except for their price. Quotes will be evaluated using FAR 13.106-2 procedures which permit comparative evaluation of offers. While the Government will strive for maximum objectivity, the selection process is by its nature subjective. Therefore, professional judgment is implicit throughout the entire process. The evaluation process shall proceed as follows:

The following documents will be evaluated for completeness and compliance with the requirements of the RFQ. Please refer to the instructions in 52.212-1 Addendum. Incomplete items may be a basis for rejection:

1. Part I, Price

(a) Signed copies of this Combined Synopsis Solicitation document. Is this Combined Synopsis Solicitation document completed and signed by an official authorized to bind the company?

(b) Completed Price Schedule, this Combined Synopsis Solicitation document. Is the price schedule accurately and completely filled in by the offeror?

(c) Solicitation Amendments (if applicable). Did the offeror acknowledge all amendments to the RFQ?

(d) System for Award Management (SAM) Registration. Has the offeror completed SAM registration and is the registration active? (Government will validate via SAM website)

B-2 CONTRACT AWARD. The Government intends to award, without discussion, to the offeror whose quote represents the best selection for the Government based on meeting price. Offerors are cautioned to submit sufficient information, and in the format specified in 52.212-1 Addendum. Offeror's may be asked to clarify certain aspects of their quote. Communication conducted to resolve minor or clerical errors will not constitute discussions and the Contracting Officer reserves the right to award a contract without the opportunity for quote revision. The Government intends to award a contract without interchanges with respective offerors. The Government, however, reserves the right to conduct interchanges with one, none, or all offerors if deemed in its best interest.

The Government retains the right to cancel this Request for Quote at any time prior to contract award.

B-3 CONTRACTOR RESPONSIBILITY. Prior to an award, an offeror may be requested to provide business information for the purpose of a responsibility determination in accordance with FAR Part 9. Failure to provide requested information may result in a determination of non-responsibility, and the offeror would then be considered ineligible for award.

(End of 52.212-2 Addendum) The full text of FAR provisions or clauses may be accessed electronically at acquisition.gov.

CLAUSES/PROVISIONS INCORPORATED BY REFERENCE

52.204-26 Covered Telecommunications Equipment or Services--Representation.

OCT 2020

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law FEB 2016 52.211-17 Delivery of Excess Quantities SEP 1989 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services SEP 2023 52.212-3 (Dev) Offeror Representations and Certifications – Commercial Products and Commercial Services (Deviation 2023-O0002, Revision 1) DEC 2022 52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services DEC 2022 52.222-42 Statement of Equivalent Rates for Federal Hires MAY 2014 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. JUN 2020 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

252.204-7016 Covered Defense Telecommunications Equipment or Services – Representation DEC 2019 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services – Representation MAY 2021 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services JAN 2023 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements JAN 2023 252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors 252.225-7048 Export-Controlled Items JUN 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Products or Commercial Services JAN 2023

PROVISIONS INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

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

(b) Prohibition.

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

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

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

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

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

(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)

52.212-2 Evaluation-Commercial Products and Commercial Services. Nov 2021 As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:

Evaluation-Commercial Products and Commercial Services (Nov 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government and price. The following factors shall be used to evaluate offers:

See Addendum FAR 52.212-2 Evaluation

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, emailed 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.

(End of provision)

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023)

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

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

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

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

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

(5) 52.232-40, 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:

_X__ (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).

_X_ (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) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L.

109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

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

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

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

____ (10) [Reserved] ____ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

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

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

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

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

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

____ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)).

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

____ (ii) Alternate I (NOV 2016) of 52.219-9.

____ (iii) Alternate II (NOV 2016) of 52.219-9.

____ (iv) Alternate III (JUN 2020) of 52.219-9.

____ (v) Alternate IV (SEP 2021) of 52.219-9.

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

____ (ii) Alternate I (MAR 2020) of 52.219-13.

____ (19) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

____ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

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

____ (22) (i) 52.219-28, Post-Award Small Business Program Representation (MAR 2023) (15 U.S.C. 632(a)(2)).

____ (ii) Alternate I (MAR 2020) of 52.219-28.

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

____ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

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

____ (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

__X__ (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

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

__X__ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

_X___ (30)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

____ (ii) Alternate I (FEB 1999) of 52.222-26.

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

____ (ii) Alternate I (JUL 2014) of 52.222-35.

_X___ (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

____ (ii) Alternate I (JUL 2014) of 52.222-36.

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

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

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

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

____ (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

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

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

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

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

____ (40)(i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

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

____ (ii) Alternate I (JUN 2014) of 52.223-14.

____ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

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

____ (ii) Alternate I (JUN 2014) of 52.223-16.

_X___ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

____ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

____ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

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

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

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

____ (ii) Alternate I (OCT 2022) of 52.225-1.

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

____ (ii) Alternate I [Reserved].

____ (iii) Alternate II (DEC 2022) of 52.225-3.

____ (iv) Alternate III (JAN 2021) of 52.225-3.

____ (v) Alternate IV (OCT 2022) of 52.225-3.

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

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

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

____ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150 ____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

____ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

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

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

_X___ (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

____ (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

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

____ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

____ (62) 52.242-5, Payments to…