B.08.02 combined Synopsis and Solicitation.pdf

Combined Synopsis and Solicitation Solicitation Number: W9127S23Q0042

Project Title: Clearing of Vegetation Project Location: Beaver Project Office

Notice: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 as supplemented with additional information in this notice.

This announcement constitutes the only solicitation, quotes are being requested and a written solicitation will not be issued.

Solicitation number W9127S23Q0042 is issued as a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2023-04.

This solicitation is set aside for Small Business firms. The NAICS code is 561730 and the applicable size standard is $9.5M.

Description of requirements for the items/services to be acquired:

The overall goal of this vegetation removal contract is to clear and remove all vegetation in the area between Monte Ne Ramp and Oklahoma Row in the Monte Ne Area of Beaver Lake. Approx 15 mature trees will be marked in this area prior to the contract and will not be removed.

Date(s) and Place(s) of delivery and acceptance.

• 01NOV2023 through 31MAR2024

• The place of performance will be Beaver Project Office

• FOB: Destination

Site Visit.

Previous Acquisition.

Not applicable

Pre-bid site visit is set for Aug 10th at 10 am at Beaver Project Office

The provision at 52.212-1 (Deviation), Instructions to Offerors -- Commercial, applies to this acquisition. Offerors are also required to submit a completed copy of the Request for Quotation cover page and a completed copy of the quote schedule.

The provision at 52.212-2, Evaluation -- Commercial Items, is NOT applicable to this solicitation. Award will be made solely on price.

Offerors are required to include a completed copy of the provision at 52.212-3 Alt I, Offeror Representations and Certifications -- Commercial Items, with its quote.

The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition.

The clause at 52.212-5 (Deviation), Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition. Please see the Clauses Incorporated By Reference section for additional FAR Clauses applicable to this acquisition.

Required Documents to Submit:

1. Request for Quotation Cover Page (filled in & signed)

2. Completed Provisions Page OR Copy of SAM Reps & Certs

3. Quote Schedule with unit prices & total price

4. Signed Amendments, if applicable.

When submitting your quote, please reference the solicitation number W9127S23Q0042.

The solicitation will close on Friday August 18th, 2023 at 14:00 CST. Emailed quotes in PDF format are preferred.

Send all submissions to: taylor.b.mclain@usace.army.mil OR Fax: (501) 324-5196 OR Mailing address: US Army Corps of Engineers, Little Rock District Contracting Division Attention: Taylor McLain 700 W. Capitol Avenue Room # 7315 Little Rock, AR 72203

Any questions – please contact Taylor McLain at taylor.b.mclain@usace.army.mil mailto:taylor.b.mclain@usace.army.mil mailto:taylor.b.mclain@usace.army.mil

REQUEST FOR QUOTATION COVER PAGE

US Army Corps of Engineers, Little Rock District Contracting Division

700 West Capitol Avenue Room 7315 Little Rock, AR 72203

W9127S-23-Q-0042, Vegetation Removal, Beaver Project Office

Submitted by

Offeror Name: _______________________________________________

Offeror Address:

Street: _________________________________________________ City/State/Zip: __________________________________________

Offeror Email Address: _________________________________________

Cage Code: ___________________________________________________

EIN Number: _________________________________________________

TIN: _________________________________________________________

Telephone Number: _____________________________________________

Signature: _____________________________________________________

Date: _________________________________________________________

**All offerors MUST be registered in SAM prior to submitting a quotation**

Vegetation Removal and Boulder Placement Contract

Bid Sheet

Clearing/Grubbing of Vegetation and Boulder Placement in the Monte Ne Area at Beaver Lake

CONTRACT NUMBER: W9127S-23-P-XXXX

Contractor Name:

Contractor Address:

Contractor Phone Number:

Item Description Lump Sum Total Amount

0001 Monte Ne Vegetation Removal and Boulder Placement $_______

Vegetation Removal and Boulder Placement Contract

Clearing/Grubbing of Vegetation and Boulder Placement in the Monte Ne Area at Beaver Lake

TABLE OF CONTENTS

Background Management Information Contract Work Overview Herbicide Specifications

1. Scope

2. Definitions

3. Government-Furnished Property

4. Contractor-Furnished Items

5. Specific Tasks

6. Bid Page Exhibits A. Sample Invoice B. Maps

Background Information and Current Conditions: The overall goal of this vegetation removal contract is to clear and remove all vegetation in the area between Monte Ne Ramp and Oklahoma Row in the Monte Ne Area of Beaver Lake. Approx 15 mature trees will be marked in this area prior to the contract and will not be removed.

The contractor shall provide all labor, materials, tools, equipment and services required to complete the work within the project area in the Monte Ne Area. The project area will be flagged in orange flagging tape. Map of the work area will be attached. Work area is approx. 3 acres.

1 SCOPE

1.1 Work Location. Work Location is the Beaver Lake Project. In particular, the job pertains to portions of Monte Ne Area, between Monte Ne Ramp and Oklahoma Row.

1.2 Background. Beaver Lake Project is a multi-purpose power generation, flood control and municipal water supply project. Beaver Dam is located at river mile 609 on the White River in Benton, Washington, and Carroll Counties, Arkansas, about 10 miles west of Eureka Springs, Page | 2

Arkansas. The lake extends southwesterly and covers approximately 28,220 surface acres at conservation pool. The Beaver Project Office is responsible for operation and maintenance duties at the Project Office, Office Compound, and 11 recreation areas around the lake.

1.3 Personnel.

1.3.1 Contractor Representative. The contractor shall provide a representative who shall be responsible for the performance of the work, and who has the authority to make on-site decisions on the behalf of the contractor concerning contract matters. The name of this person, and an alternate(s), who shall act for the contractor when the contractor is absent, shall be designated in writing to the Contracting Officer within seven (7) days after contract award.

1.3.2 The Contractor Representative or Alternate shall be onsite whenever contract services are being performed and shall have full authority to direct the work and to obtain supplies and equipment necessary to complete the work as required by these specifications. The contractor representative shall have a cellular telephone so that Beaver Project personnel may contact him/her during working hours. The telephone number shall be provided to the Beaver Project Office.

1.3.3 The Contractor Representative and alternate must be able to read, write, speak and understand English.

1.3.4 Contract personnel shall present a neat appearance and shall conduct themselves in a proper manner at all times while in the performance of this contract. Personnel shall wear one or a combination of the following for identification; a shirt, ball cap, hardhat, or name tag that has the company and employee’s name clearly visible.

1.3.5 The Government has the right to restrict the employment under the contract of any contractor employee or prospective contractor employee, who is identified as a potential threat to the health, safety, security, or general wellbeing of the project and its population.

1.3.6 The Contractor shall provide a list of names, addresses, and telephone numbers of those employees who will be performing work under this contract, within seven (7) days after contract award, and provide an updated copy of the list prior to allowing new employees to perform work on this contract. All Contractor employees shall be eighteen (18) years of age or older.

1.3.7 Manpower Requirements. The Contractor shall provide an adequate number of qualified personnel to perform the work specified herein and in a timely manner.

1.4 Quality Control. The contractor shall establish and maintain an acceptable complete Quality Control Plan to ensure the requirements of the contract are provided as specified. A copy of the contractor’s Quality Control Plan shall be provided to the Contracting Officer representative not later than three (3) days after award of contract.

1.5 Quality Assurance. The Government reserves the right to inspect the contractor’s performance using any reasonable inspection method. When an observation indicates defective

Page | 3 performance, the COR will request the contractor’s representative to initial the observation.

1.6 Performance Meetings. The Contractor may be required to attend meetings with the COR as often as necessary, as determined by the COR, to discuss contract issues. If the Contractor requests, a meeting will be held whenever a Contract Deficiency Report is issued.

1.7 Hours of Operation.

1.7.1 Normal Hours. The contractor shall maintain the following contract performance hours:

8:00 am to 4:30 pm Monday through Friday.

1.8 When one of the below designated holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday. Federal Holidays are not included as normal working hours.

Federal Holidays currently observed during the application window are:

Memorial Day (Last Monday in May) Independence Day (July 4th) Labor Day (1st Monday in September)

1.9 Safety Requirements. In order to provide safety control for protection of the life and health of employees and other persons; for prevention of damage to property, materials, supplies, and equipment; and for avoidance of work interruptions in the performance of this contract, the contractor shall comply with Occupational Safety and Health Act (OSHA) and all pertinent provisions of the publications 29 CFR 1910 and EM 385-1-1. All changes to the EM 385-1-1 will be posted to website http://www.hq.usace.army.mil. (Select “Safety & Occupation Health” and the “Changes to EM”). Contractors shall comply with changes accordingly. Particular emphasis shall be placed on the contractor's safety plan and the reporting provisions of EM 385- 1-1. During all work, crew members shall wear a high visibility vest, shirt, or jacket at all times due to high number of hunters in the woods on both public and private lands (ref. EM 385-1-1- 05.F.03). If the contractor fails or refuses to promptly comply with the safety requirements as specified herein, the COR or other Government representative may stop all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such stop shall be made subject to claim for extension of time or for excess costs or damages to the contractor.

1.10 Monthly Exposure Report. The total number of man-hours worked by the contractor, under this contract, shall be submitted with invoice.

1.11 Environmental Program. The Contractor shall comply with Federal, State, and local laws, regulations and standards regarding environmental protection. All environmental protection matters shall be coordinated with the COR.

1.12 Permits and Licenses. The Contractor shall, at his/her own expense, obtain any licenses or

Page | 4 permits required to perform the contract. The Contractor shall comply with all other current applicable federal, state, and local laws and regulations and shall comply with any subsequent changes.

1.13 Disposal of Materials. The Contractor shall dispose of all materials and clean worksite before leaving the area on a daily basis.

1.14 Task Items. The contractor shall include all labor, material, supplies, parts, tools, equipment, transportation to and from the work site, profit and overhead, and vehicles except as otherwise provided for herein, required to perform the service listed in the applicable bid item.

1.14.1 Quality of Materials. Materials used shall be new and of the same brand or have the same salient characteristics as the existing product. The items used shall be standard products of manufacturers regularly engaged in the production of such items. Contractor reimbursable materials and task item products are subject to approval by the COR prior to being used.

1.14.2 Response Time. Contractor will have two weeks from notification from Corps representative to start contract and complete the contract within 90 calendar days of contract award. The operation window for herbicide application will be Oct 1 to March 30. The contractor shall execute the work continuously and expeditiously, subject to weather or other excusable delays as may be agreed to by the Operations Manager or his authorized representatives. The Operations Manager has the ability to suspend or expand operation time due to weather or conditions.

1.14.3 Site Visit. All bidders are strongly encouraged to visit the work site to fully understand existing conditions and scope of work required.

1.14.4 Non-Compliance Work. Should the Contractor fail to satisfactorily perform any contract specifications, a deficiency notice (CDR) will be issued.

1.15 Payment. The Contractor will be paid by line item in contract once work has been completed.

1.16 Damages or Loss of Contractor's Property. The Contractor is responsible for taking the action necessary to protect all Contractor property from loss, damage or theft.

1.17 Submittals. The contractor shall submit project submittals within 3 days of award of contract. The government shall have up to 7 days to review and approve or disapprove submittals. The following will be submitted but not limited to:

Current Arkansas Commercial Pesticide Applicator License(s) Accident Prevention Plan CPR and First Aid Certification as outlined in EM 385-1-1.

Designation of competent/qualified individual or contractor quality control (QC).

Exposure hours Hazard Analysis Employee and Equipment List

Page | 5

1.18 Pre-Work Meeting. Successful bidder shall notify Beaver Project Office upon receipt of contract to schedule a pre-work meeting to discuss safety, work specifications, and scheduling of work. No work shall be performed prior to this meeting. Beaver Project point of contact – Jared Trammell, 501-340-1708, Monday through Friday 8:00 a.m. to 4:30 p.m.

1.19 Pre-Bid Meeting. Pre-Bid meeting will be scheduled prior to bids being due to Contracting.

Beaver Project point of contact – Jared Trammell, 501-340-1708, Monday through Friday 8:00 a.m. to 4:30 p.m.

1.20 Utility Lines- Area should be called for On-Call and utilities shall be marked prior to start of contract. If utilities exist in the area, contractor shall protect them remain free from damage.

Notify the Contracting Officer immediately of damage to or an encounter with an unknown existing utility line. The Contractor is responsible for the repair of damage to existing utility lines. When utility lines are located during the contract, notify the Contracting Officer and services are repaired in ample time to minimize interruption of the service. There are no known utilities in the work area.

2 DEFINITIONS

2.1 Contracting Officer. The Contracting Officer is a person with the authority to enter into, administer, and terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer (COR) acting within the limits of their authority as delegated by the Contracting Officer.

2.2 Contractor. The person or persons who have agreed to perform services specified.

2.3 DBH. Diameter at breast height (approximately 4 ½ feet above ground level)

2.4 Inspection. The examination and testing of supplies or services to determine whether the supplies or services conform to contract requirements. Inspection is the process of measuring, examining, testing, or otherwise comparing the unit of service with the requirements.

2.5 Program Manager. Government individual responsible for quality assurance surveillance and day to day tracking of contractor progress and contract delivery orders.

2.6 Quality Control. Action by the Contractor to ensure that products and services offered for delivery conform to the requirements of the contract. Contractor methods and actions including performing daily inspections of work performed.

2.7 Quality Assurance. Action by the Government to verify that the quality of purchased goods and services received are acceptable in accordance with established standards and requirements of this contract. Those actions taken by the Government to evaluate service delivery to determine conformance to the requirements of the contract.

Page | 6

3 GOVERNMENT FURNISHED PROPERTY.

The Government will furnish maps of the work area. Government will provide seed for this contract.

4 CONTRACTOR FURNISHED ITEMS.

4.1 Except for those items or services specifically stated to be Government furnished in Section C.3, the contractor shall furnish everything required to perform this contract.

4.2 The contractor shall furnish a sufficient number of vehicles suitable for the transportation of personnel, materials, and equipment for use in the performance of this contract. The contractor vehicles and equipment shall meet applicable state vehicle safety standards and shall be maintained in a serviceable and presentable condition. Contractor equipment or vehicles shall be operated by qualified and competent personnel.

4.3 The Contractor shall provide all the necessary "tools of the trade" and expendable materials to accomplish the work issued by the delivery order.

4.4 The contractor shall provide an acceptable means of communication between the contractor and his employees, and government to contractor for routine and emergency purposes. Pagers and cell phones have been used successfully in the past. Contractor shall make contact with government personal every morning between 7:30 and 8:00 am to pass on info, report where work will be performed that day, and so on.

5 SPECIFIC TASKS

5.1 Woody Vegetation Removal-

The contractor shall remove all woody vegetation located within the removal area as specified on the attached drawings. Removal areas will also be field marked by the government with orange flagging. Approximate size of the removal zone is 3 acres. Approx 15 mature trees will be marked in this area prior to the contract and will not be removed. Please ensure the approx. 15 mature trees that will be left onsite are left intact and undamaged during this contract.

Contractor shall grind/mulch trees and woody vegetation less than 4” in diameter to ground surface level. Mulch created by this work can be left on site so long that it is not piled more than 3” deep in any area.

Trees over 4” shall be removed from the ground via grubbing equipment. Trees larger than 4” will be removed along with the stump, and all roots within 6” below the ground surface. The contractor shall ensure that any resulting voids are free of organic debris and shall backfill any resulting voids with clean dirt. All vegetation larger than 4” diameter at the ground removed with equipment will be removed from site. Minor leveling and reshaping of the site may be required.

The area must be left where it can be managed in the future with a tractor and bushhog equipment. Burning will not be allowed onsite.

Page | 7

5.2 Flood debris Removal -

All flood debris over 8 feet in length or 4” in diameter in the flagged work area shall be removed.

Due to the complexity of the area and debris location, hand work may be required.. All flood debris collected will be removed from site. Burning will not be allowed onsite.

5.3 Seeding, Fertilizer, and Mulching

The Contractor shall provide soil preparation, seeding and fertilizing of all finished surfaces.

Apply a seed mixture that is supplied by the Government at an application rate per the seed requirement. Apply 13-13-13 fertilizer at a rate of 1 pound per 10 square yards. A broad cast seeder shall be used to achieve a uniform application rate. After areas have been cleared and grubbed, incorporate seed and fertilizer into soil by disking, harrowing, or tilling. Straw or hydro mulch shall be spread uniformly at a rate to thoroughly cover and protect the seed from erosion.

Mulch shall be dry and free of Johnson grass or other noxious weeds or seed.

5.4 Placement of Boulders-

Contractor will place boulders along the road and parking lot of the work area to restrict driving on the shoreline. Boulders will be placed with 3’ spacing in between boulders. See map for details. Boulders should be a minimum of 3’x 2’ in size. Boulders on site may be utilized in this contract.

Page | 8

EXHIBIT A

SAMPLE INVOICE

FROM: Contractor's Name INVOICE NO.________________

Address INVOICE FOR MONTH OF: ____

Telephone Number DATE OF INVOICE: __________

CONTRACT NUMBER: DACWO3-03-C-XXXX

TO: Project Name Address

Item Description Lump Sum Total Amount

0001 Monte Ne Vegetation Management ________ $_______

Page | 9

CLAUSES INCORPORATED BY REFERENCE

52.204-6 Unique Entity Identifier OCT 2016 52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-12 Unique Entity Identifier Maintenance OCT 2016 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

MAR 2023

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

DEC 2022

52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-41 Service Contract Labor Standards AUG 2018 52.222-50 Combating Trafficking in Persons NOV 2021 52.222-55 Minimum Wages for Contractor Workers Under Executive

Order 14026

JAN 2022

52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2022 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.247-34 F.O.B. Destination NOV 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7005 Representation Relating to Compensation of Former DoD Officials

SEP 2022

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

JAN 2023

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

252.225-7048 Export-Controlled Items JUN 2013 252.225-7974 (Dev) Representation Regarding Business Operations with the

Maduro Regime (DEVIATION 2020-O0005)

FEB 2020

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

JAN 2023

252.239-7098 (Dev) Prohibition on Contracting to Maintain or Establish a Computer Network Unless Such Network is Designed to Block Access to Certain Websites - Representation.

(Deviation 2021-O0003)

APR 2021

252.244-7000 Subcontracts for Commercial Products or Commercial Services

JAN 2023

252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)

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

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name)

(End of provision)

52.204-20 Predecessor of Offeror (AUG 2020)

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

Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ____ (or mark “Unknown”).

Predecessor legal name: ____.

(Do not use a “doing business as” name).

(End of provision)

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)

52.204-26 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)

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--

REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

(End of provision)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JUN 2023)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

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

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

(5) 52.232-40, 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) 52.204-10, 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) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

___ (9) 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).

___ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

____ (11) [Reserved]

____ (12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

____ (13) 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).

____ (14) [Reserved]

____ (15)(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.

____ (16)(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.

____ (17) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)).

____ (18)(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.

____ (19) (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.

____ (20) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

____ (21) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

____ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C.

657f).

____ (23) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (MAR 2023) (15 U.S.C. 632(a)(2)).

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

____ (24) 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)).

____ (25) 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)).

____ (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

____ (27) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

____ (28) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

____ (29) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (DEC 2022) (E.O. 13126).

____ (30) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

____ (31)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

____ (32)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

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

____ (33)(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.

____ (34) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

____ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

____ (36)(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).

____ (37) 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.)

____ (38)(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.)

____ (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

____ (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(JUN 2016) (E.O. 13693).

____ (41)(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.

____ (42)(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.

____ (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

____ (44)(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.

____ (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.

13513).

____ (46) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

____ (47) 52.223-21, Foams (JUN 2016) (E.O. 13693).

____ (48)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

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

____ (49) (i) 52.225-1, Buy American--Supplies (OCT 2022) (41 U.S.C. chapter 83).

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

____ (50)(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.

____ (51) 52.225-5, Trade Agreements (DEC 2022) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

____ (52) 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).

____ (53) 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).

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

____ (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.

5150).

____ (56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

____ (57) 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).

____ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

____ (59) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

____ (60) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

____ (61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

____ (63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (64)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C.

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

____ (ii) Alternate I (APR 2003) of 52.247-64.

____ (iii) Alternate II (NOV 2021) of 52.247-64.

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

_____ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

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

chapter 67).

_____ (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,…