Combined Synopsis Solicitation - Amendment 1.docx

RFQ No. W912CN-22-Q-0020 Issue Date: March 22, 2021 Combined Synopsis/Solicitation

The purpose of amendment 0001 is to:

1. Apply the appropriate CLIN numbering and update the delivery schedule.

2. The PWS has been revised to include one additional location currently covered under the contract.

3. The previous wage determination has been removed and a new non-standard wage determination (1988-0080 Rev 46) provided by DOL has been attached.

4. Provide responses to contractor questions.

5. Attachment 400 (referenced in the PWS) has been added to section xiii of the solicitation

i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This acquisition is conducted using FAR 13.5 - Simplified Procedures for Certain Commercial Items.

(ii) Competitive quotes are being requested under Request for Quote (RFQ) Number W912CN-22-Q-0020.

(iii) This solicitation document incorporates provisions and clauses are those in effect through Federal Acquisition Circular FAC 2022-04, Effective: January 26, 2022.

(iv) The North American Industry Classification System (NAICS) code applicable to this acquisition is 811310, Commercial and Industrial Machinery and Equipment. The small business size standard is $8.0 million. This procurement is issued as 100% Small Business Set-Aside. Only quotes submitted by Small Business Concerns will be accepted by the Government.

(v) A list of contract line item number(s) and items, quantities, and units of measure:

CLIN: 0001 DESCRIPTION OF REQUIREMENTS: Elevator, Platform & Lift Services FWA

EXTENDED DESCRIPTION: Perform monthly maintenance on elevators, lifts, and platforms on Fort Wainwright (FWA): in accordance with (IAW) the Performance Work Statement (PWS) and Technical Exhibit (TE) #2 for VTE.

QTY: 12

Unit of Issue: Months Unit Price:________________________ Extended Price:____________________

CLIN: 0002 DESCRIPTION OF REQUIREMENTS: Elevator, Platform & Lift Services FGA

EXTENDED DESCRIPTION: Perform monthly maintenance on elevators, lifts, and platforms on Fort Greely (FGA): in accordance with (IAW) the Performance Work Statement (PWS) and Technical Exhibit (TE) #2 for VTE.

QTY: 12

Unit of Issue: Months Unit Price:________________________ Extended Price:____________________

CLIN: 0003 DESCRIPTION OF REQUIREMENTS: One-Time Elevator Repair

EXTENDED DESCRIPTION: Performance under this CLIN will be subject to PGI requirements. All repair work conducted under this CLIN will be first approved by the Contracting Officer before performance can begin. This CLIN shall be priced per approved work request.

INFORMATIONAL PURPOSES ONLY:

Pricing: Pricing is for burdened rate pricing on a Fixed-Priced basis. All repair funding actions will be negotiated on an individual basis.

Provide your burdened hourly rate for the following positions: Probationary Apprentice Elevator Constructor: $ Apprentice Elevator Constructor/1st Year: $ Apprentice Elevator Constructor/2nd Year: $ Apprentice Elevator Constructor/3rd Year: $ Apprentice Elevator Constructor/4th Year: $ Journeyman Elevator Constructor Mechanic: $ Journeyman Elevator Constructor Mechanic in Charge: $

QTY: 12

Unit of Issue: Jobs

EST: $90,400.00

CLIN: 1001 DESCRIPTION OF REQUIREMENTS: Elevator, Platform & Lift Services FWA

EXTENDED DESCRIPTION: Perform monthly maintenance on elevators, lifts, and platforms on Fort Wainwright (FWA): in accordance with (IAW) the Performance Work Statement (PWS) and Technical Exhibit (TE) #2 for VTE.

QTY: 12

Unit of Issue: Months Unit Price:________________________ Extended Price:____________________

CLIN: 1002 DESCRIPTION OF REQUIREMENTS: Elevator, Platform & Lift Services FGA

EXTENDED DESCRIPTION: Perform monthly maintenance on elevators, lifts, and platforms on Fort Greely (FGA): in accordance with (IAW) the Performance Work Statement (PWS) and Technical Exhibit (TE) #2 for VTE.

QTY: 12

Unit of Issue: Months Unit Price:________________________ Extended Price:____________________

CLIN: 1003 DESCRIPTION OF REQUIREMENTS: One-Time Elevator Repair

EXTENDED DESCRIPTION: Performance under this CLIN will be subject to PGI requirements. All repair work conducted under this CLIN will be first approved by the Contracting Officer before performance can begin. This CLIN shall be priced per approved work request.

INFORMATIONAL PURPOSES ONLY:

Pricing: Pricing is for burdened rate pricing on a Fixed-Priced basis. All repair funding actions will be negotiated on an individual basis.

Provide your burdened hourly rate for the following positions: Probationary Apprentice Elevator Constructor: $ Apprentice Elevator Constructor/1st Year: $ Apprentice Elevator Constructor/2nd Year: $ Apprentice Elevator Constructor/3rd Year: $ Apprentice Elevator Constructor/4th Year: $ Journeyman Elevator Constructor Mechanic: $ Journeyman Elevator Constructor Mechanic in Charge: $

QTY: 12

Unit of Issue: Jobs

EST: $90,400.00

CLIN: 1004 DESCRIPTION OF REQUIREMENTS: Elevator, Platform & Lift Services EAFB

EXTENDED DESCRIPTION: Perform monthly maintenance on elevators, lifts, and platforms on Eielson Air Force Base (EAFB): in accordance with (IAW) the Performance Work Statement (PWS) and Technical Exhibit (TE) #2 for VTE.

QTY: 12

Unit of Issue: Months Unit Price:________________________ Extended Price:____________________

CLIN: 2001 DESCRIPTION OF REQUIREMENTS: Elevator, Platform & Lift Services FWA

EXTENDED DESCRIPTION: Perform monthly maintenance on elevators, lifts, and platforms on Fort Wainwright (FWA): in accordance with (IAW) the Performance Work Statement (PWS) and Technical Exhibit (TE) #2 for VTE.

QTY: 12

Unit of Issue: Months Unit Price:________________________ Extended Price:____________________

CLIN: 2002 DESCRIPTION OF REQUIREMENTS: Elevator, Platform & Lift Services FGA

EXTENDED DESCRIPTION: Perform monthly maintenance on elevators, lifts, and platforms on Fort Greely (FGA): in accordance with (IAW) the Performance Work Statement (PWS) and Technical Exhibit (TE) #2 for VTE.

QTY: 12

Unit of Issue: Months Unit Price:________________________ Extended Price:____________________

CLIN: 2003 DESCRIPTION OF REQUIREMENTS: One-Time Elevator Repair

EXTENDED DESCRIPTION: Performance under this CLIN will be subject to PGI requirements. All repair work conducted under this CLIN will be first approved by the Contracting Officer before performance can begin. This CLIN shall be priced per approved work request.

INFORMATIONAL PURPOSES ONLY:

Pricing: Pricing is for burdened rate pricing on a Fixed-Priced basis. All repair funding actions will be negotiated on an individual basis.

Provide your burdened hourly rate for the following positions: Probationary Apprentice Elevator Constructor: $ Apprentice Elevator Constructor/1st Year: $ Apprentice Elevator Constructor/2nd Year: $ Apprentice Elevator Constructor/3rd Year: $ Apprentice Elevator Constructor/4th Year: $ Journeyman Elevator Constructor Mechanic: $ Journeyman Elevator Constructor Mechanic in Charge: $

QTY: 12

Unit of Issue: Jobs

EST: $90,400.00

CLIN: 2004 DESCRIPTION OF REQUIREMENTS: Elevator, Platform & Lift Services EAFB

EXTENDED DESCRIPTION: Perform monthly maintenance on elevators, lifts, and platforms on Eielson Air Force Base (EAFB): in accordance with (IAW) the Performance Work Statement (PWS) and Technical Exhibit (TE) #2 for VTE.

QTY: 12

Unit of Issue: Months Unit Price:________________________ Extended Price:____________________

CLIN: 3001 DESCRIPTION OF REQUIREMENTS: Elevator, Platform & Lift Services FWA

EXTENDED DESCRIPTION: Perform monthly maintenance on elevators, lifts, and platforms on Fort Wainwright (FWA): in accordance with (IAW) the Performance Work Statement (PWS) and Technical Exhibit (TE) #2 for VTE.

QTY: 12

Unit of Issue: Months Unit Price:________________________ Extended Price:____________________

CLIN: 3002 DESCRIPTION OF REQUIREMENTS: Elevator, Platform & Lift Services FGA

EXTENDED DESCRIPTION: Perform monthly maintenance on elevators, lifts, and platforms on Fort Greely (FGA): in accordance with (IAW) the Performance Work Statement (PWS) and Technical Exhibit (TE) #2 for VTE.

QTY: 12

Unit of Issue: Months Unit Price:________________________ Extended Price:____________________

CLIN: 3003 DESCRIPTION OF REQUIREMENTS: One-Time Elevator Repair

EXTENDED DESCRIPTION: Performance under this CLIN will be subject to PGI requirements. All repair work conducted under this CLIN will be first approved by the Contracting Officer before performance can begin. This CLIN shall be priced per approved work request.

INFORMATIONAL PURPOSES ONLY:

Pricing: Pricing is for burdened rate pricing on a Fixed-Priced basis. All repair funding actions will be negotiated on an individual basis.

QTY: 12

Unit of Issue: Jobs

EST: $90,400.00

CLIN: 3004 DESCRIPTION OF REQUIREMENTS: Elevator, Platform & Lift Services EAFB

EXTENDED DESCRIPTION: Perform monthly maintenance on elevators, lifts, and platforms on Eielson Air Force Base (EAFB): in accordance with (IAW) the Performance Work Statement (PWS) and Technical Exhibit (TE) #2 for VTE.

QTY: 12

Unit of Issue: Months Unit Price:________________________ Extended Price:____________________

CLIN: 4001 DESCRIPTION OF REQUIREMENTS: Elevator, Platform & Lift Services FWA

EXTENDED DESCRIPTION: Perform monthly maintenance on elevators, lifts, and platforms on Fort Wainwright (FWA): in accordance with (IAW) the Performance Work Statement (PWS) and Technical Exhibit (TE) #2 for VTE.

QTY: 12

Unit of Issue: Months

CLIN: 4002 DESCRIPTION OF REQUIREMENTS: Elevator, Platform & Lift Services FGA

EXTENDED DESCRIPTION: Perform monthly maintenance on elevators, lifts, and platforms on Fort Greely (FGA): in accordance with (IAW) the Performance Work Statement (PWS) and Technical Exhibit (TE) #2 for VTE.

QTY: 12

Unit of Issue: Months

CLIN: 4003 DESCRIPTION OF REQUIREMENTS: One-Time Elevator Repair

EXTENDED DESCRIPTION: Performance under this CLIN will be subject to PGI requirements. All repair work conducted under this CLIN will be first approved by the Contracting Officer before performance can begin. This CLIN shall be priced per approved work request.

INFORMATIONAL PURPOSES ONLY:

Pricing: Pricing is for burdened rate pricing on a Fixed-Priced basis. All repair funding actions will be negotiated on an individual basis.

Provide your burdened hourly rate for the following positions: Probationary Apprentice Elevator Constructor: $ Apprentice Elevator Constructor/1st Year: $ Apprentice Elevator Constructor/2nd Year: $ Apprentice Elevator Constructor/3rd Year: $ Apprentice Elevator Constructor/4th Year: $ Journeyman Elevator Constructor Mechanic: $ Journeyman Elevator Constructor Mechanic in Charge: $

QTY: 12

Unit of Issue: Jobs

EST: $90,400.00

CLIN: 4004 DESCRIPTION OF REQUIREMENTS: Elevator, Platform & Lift Services EAFB

EXTENDED DESCRIPTION: Perform monthly maintenance on elevators, lifts, and platforms on Eielson Air Force Base (EAFB): in accordance with (IAW) the Performance Work Statement (PWS) and Technical Exhibit (TE) #2 for VTE.

QTY: 12

Unit of Issue: Months Unit Price:________________________ Extended Price:____________________

To be considered acceptable and eligible for award, quotes must be complete and including all of the items and services in accordance with the attached “Performance Work Statement.” The Government will not consider quotes or offers for partial items or quantities.

(vi) Contractors shall review the “Attachment 1 – Performance Work Statement” for the full description of requirements.

(vii) Date(s) and place(s) of delivery and acceptance and FOB point:

The expected Delivery Date for this effort is:

CLINs 0001 through 0003: POP 21-APR-2022 TO 20-APR-2023

Option Period 1 - CLINs 1001 through 1004: POP 21-APR-2023 TO 20-APR-2024

Option Period 2 - CLINs 2001 through 2004: POP 21-APR-2024 TO 20-APR-2025

Option Period 3 - CLINs 3001 through 3004: POP 21-APR-2025 TO 20-APR-2026

Option Period 4 - CLINs 4001 through 4004: POP 21-APR-2026 TO 20-APR-2027

Delivery locations for CLINs are described below:

CLINs 1004, 2004, 3004, & 4004: 354 CES/CEOS -F1U3C1 JULIA WALDO 354 CES/CEOS - F1U3C1 2310 CENTRAL AVE, BLDG 2258 EIELSON AFB AK 99702

CLINs 0001, 1001, 2001, 3001, & 4001: DIRECTORATE OF PUBLIC WORKS DAVID ALEXANDER CONTRACT MANAGEMENT BLDG 3022, MONTGOMERY ROAD FORT WAINWRIGHT AK 99703

CLINs 0002, 1002, 2002, 3002, & 4002: FT. GREELY, ALASKA 31269-1269

CLINs 0003, 1003, 2003, 3003, & 4003: Determined at the Task Order Level.

The Government intends to perform focused on-ramping for this requirement. Eielson AFB may be added to this contract at the exercise of Option Period 1, or another option period at the Government’s sole discretion. Once added, this work will become part of the “requirements” contract.

(viii) OFFEROR INSTRUCTIONS

The provision at 52.212-1, Instructions to Offerors – Commercial Products and Commercial Services (DEC 2021), applies to this acquisition. The Government intends to award a Firm-Fixed-Price contract resulting from this solicitation to the responsible offeror whose quotation conforming to the solicitation is most advantageous to the Government as defined in the, ‘EVALUATION FACTORS FOR AWARD’ section below. A complete quote must be received for consideration. Respond to each item listed below, if the response is “None” or “Not applicable,” explicitly state and explain. The Government may consider quotes that fail to address or follow all instructions to be non-responsive and ineligible for contract award. A complete quote includes a response and submission to each of the following:

1. General Information: Offeror Business Name, Address, Cage, and DUNS Codes (ensure Representation and Certifications are up to date in SAM.gov), Business Size and Type of Small Business based on applicable NAICS Code as provided above, Federal Tax ID, Primary Point of Contact (to include telephone and e-mail address) and provide a GSA contract number if some or all items proposed are on the GSA schedule.

2. Price Quote: The quoter shall submit complete pricing for each CLIN listed in the “Description of Requirements” Section above to include the unit price and the extended price for each line item and a total price in US Dollars ($). All options must be priced; partial quotes will not be accepted.

3. Past Performance: The quoter will evaluated in accordance with the following:

a. DFARS Provision 252.213-7000 Use of Supplier Performance Risk System (SPRS) in Past Performance Evaluation in Past Performance Evaluations (SEP 2019) will be used to conduct the evaluation. A full text of the provision is located below (under section “xiii”).

(ix) Evaluation Factors for Award: The specific evaluation criteria included are technical, past performance, and price as defined below:

Factor I – Price: The Government will evaluate the total price to determine if it is fair and reasonable. The price quote shall include a unit price for each item and a total firm-fixed-price for all line items inclusive of all option periods. The total firm-fixed-price shall include all applicable taxes and all associated price as outlined in paragraph (v) above.

Factor II – Technical: The Government will evaluate the offerors’ Technical Capability/experience to which the offerors’ provided current elevator mechanics licenses and certifications by the state of Alaska and IAW the PWS. In addition, the contractor shall provide current certifications for each inspector expected to complete work under this effort. Technical experience will be evaluated to determine the level to which the offerors’ submitted past experience (which may include past experience of proposed subcontractors) was for work of a like and similar magnitude, scope and complexity as this solicitation.

The Government will evaluate up to three (3) technical experience submissions (Submitted on the Technical Experience Forms provided as Attachment 3), and will only evaluate experience submissions that were performed, in whole or in part, within the past five (5) years from the closing date of the solicitation. If an offeror fails to provide an acceptable past experience narrative the offeror may be ineligible for the award. The Government will determine the acceptability of offeror’ technical experience based on the following ratings:

Factor III – Past Performance: The Government will evaluate past performance by reviewing all quoters records based on the SPRS’s Supplier Risk Score. In the case of a supplier without a record of relevant past performance history in SPRS for the FSC or PSC of the supplies being purchased, the supplier may not be evaluated favorably or unfavorably for its past performance history.

**Basis for Award: The Government intends to award a firm-fixed-price contract to the responsible offeror meeting solicitation requirements, such as terms and conditions, representations, and certifications in order to be eligible for award. The vendor must be actively registered in the System for Award Management (SAM) at the time of offer submission. In order to arrive at the best value determination, the Government reserves the right to resolve quote deficiencies with one, some, or all contractors at its discretion. Additionally, the quote will be evaluated for a fair and reasonable price. The Government reserves the right to award no contract at all, depending on the quality of quotes submitted and availability of funds.

The Government will evaluate its option to extend services (FAR Clause 52.217-8) by adding one- half of the offerors’ proposed price for the option period to the total proposed amount. Thus, the offerors’ total price for the purpose of evaluation will include the 60- month contract term and one half of the last option period. Offerors will not propose a cost for the six-month period. The extension of services clause will be exercised only if necessary, utilizing the negotiated rates of the preceding period.

(x) Offerors must include a completed copy of the provision at 52.212-3 Alt I (OCT 2014), Offeror Representations and Certifications -- Commercial Items, with its offer.

(xi) The clause at 52.212-4, Contract Terms and Conditions -- Commercial Products and Commercial Services (DEC 2021), applies to this acquisition.

(xii) The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Products and Commercial Services (JAN 2022), applies to this acquisition. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses can be accessed in full text at https://www.acquisition.gov/content/regulations.

The following additional FAR clauses and provisions are applicable to this acquisition:

Subcontract Awards

Systems

and Video Surveillance Services or Equipment

DEC 2021

The following additional DFARS clauses are applicable to the acquisition:

Officials

Officials

Controls

Incident Reporting

Support

-- Representation

Telecommunications Equipment or Services -- Representation

Telecommunications Equipment or Services

Performance Risk System in Past Performance Evaluations

Economic Enterprises, and Native Hawaiian Small Business

Concerns

Reports

Personnel

(xiii) The following additional contract requirement(s) or terms and conditions apply to this acquisition.

Attachment 1 – Performance Work Statement (PWS Elevators) dated 3 Jan 2022 Attachment 2 – WD 2015-5683 27 Dec 2021 Attachment 3 – Technical Experience Form Attachment 4 – Question Submission Form Attachment 400- Facilities Maintenance Instruction

252.213-7000 Use of Supplier Performance Risk System (SPRS) in Past Performance Evaluation in Past Performance Evaluations Applies (SEP 2019)

(a) The Supplier Performance Risk System (SPSR) application (https://www.sprs.csd.disa.mil) will be used in the evaluation of suppliers’ past performance in accordance with DFARS 213.106-2 (b)(i).

(b) SPRS collects quality and delivery data on previously awarded contracts and orders from existing Department of Defense reporting systems to classify each supplier’s performance history by Federal supply class (FSC) and product or service code (PSC). The SPRS application provides the contracting officer quantifiable past performance information regarding a supplier's quality and delivery performance for the FSC and PSC of the supplies being purchased.

(c) The quality and delivery classifications identified for a supplier in SPRS will be used by the contracting officer to evaluate a supplier’s past performance in conjunction with the supplier’s references (if requested) and other provisions of this solicitation under the past performance evaluation factor. The Government reserves the right to award to the supplier whose quotation or offer represents the best value to the Government.

(d) SPRS classifications are generated monthly for each contractor and can be reviewed by following the access instructions in the SPRS User’s Manual found at 1ttps://www.sprs.csd.disa.mil/reference.htm. Contractors are granted access to SPRS for their own classifications only. Suppliers are encouraged to review their own classifications, the SPRS reporting procedures and classification methodology detailed in the SPRS User's Manual, and SPRS Evaluation Criteria available from the references at https://www.sprs.csd.disa.mil/pdf/SPRS_DataEvaluationCriteria.pdf. The method to challenge a rating generated by SPRS is provided in the User’s Manual.

(End of provision) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

As prescribed in 4.2105(a), insert the following provision:

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

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

(b) Prohibition.

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

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

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

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

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

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

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

(d) Representation. The Offeror represents that—

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

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

(e) Disclosures.

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

(i) For covered equipment —

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

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

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

(ii) For covered services—

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

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

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

(i) For covered equipment —

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

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

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

(ii) For covered services—

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

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

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

As prescribed in 4.2105(c), insert the following provision:

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)

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

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

(End of provision) 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2022)

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

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

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

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

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

(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.)

XX (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).

XX (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 (SEP 2021) (15 U.S.C. 657a).

(12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(13) [Reserved]

XX (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 2018) (15 U.S.C. 637(d)(2) and (3)).

(17)(i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) (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 (SEP 2021) (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 (SEP 2021) (15 U.S.C. 657f).

XX (22) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (SEP 2021) (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 (SEP 2021) (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 (SEP 2021) (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).

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

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

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

XX (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

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

XX (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.

XX (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.

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

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

XX (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 (NOV 2021). (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.

XX (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) 52.225-1, Buy American--Supplies (NOV 2021) (41 U.S.C. chapter 83).

(49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (NOV 2021) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 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 (JAN 2021) of 52.225-3.

(iii) Alternate II (JAN 2021) of 52.225-3.

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

(50) 52.225-5, Trade Agreements (OCT 2019) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (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. 2302 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. 2307(f)).

(57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

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

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

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

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

(62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

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

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

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

(a) 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.]

XX (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).

XX (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

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

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

(7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O. 13658).

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

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

(b) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

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

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

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

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

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

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

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

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

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(vii) 52.222-26, Equal Opportunity (Sep…