W912DW24R0005 Natural Resource and Cultural Resource at YTC.pdf

W912DW24R0005

Combined Synopsis/Solicitation

Wildlife, Natural, and Cultural Resources Project Support for Joint Base Lewis-McChord, Yakima Training Center, WA

Solicitation W912DW24R0005

Combined Synopsis/Solicitation (Per FAR 12.603)

The resulting contract from this solicitation will be a Firm Fixed Price, Indefinite Delivery/Indefinite Quantity (ID/IQ), Single Award Task Order Contract (SATOC). All work will be ordered via Task Order. No work will begin prior to a Task Order being issued.

i. This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in FAR subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a separate solicitation will not be issued.

ii. Solicitation W912DW24R0005 is issued as a Request for Proposal (RFP), procedurally and in accordance with FAR 12, 13 and 16.

iii. The solicitation document and incorporated provisions and clauses are those in effect through Federal

Acquisition Circular FAC 2024-06.

iv. This action is an acquisition offered to the SBA under the 8(a) program and shall be awarded on the basis of competition limited to eligible 8(a) participants.

IAW 52.219-14 the Contractor agrees that in performance of the contract it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities.

The applicable NAICS Code is 541620 Environmental Consulting Services; Size Standard $19M.

v. The ID/IQ contract to be awarded from this this solicitation will consist of a base year and two (2) twelve (12) month option years. Anticipated Task Orders will vary in quantity and work, will be for Natural Resource or Cultural Resource projects or both and are expected to range from $50,000 to $900,000. Task Order Request for Proposals will contain line items numbers, quantities, and units of measure. Task Orders will be awarded as Firm Fixed Price. The per year capacity of the ID/IQ contract is shown below.

CLIN SERVICE CAPACITY

0001 Natural Resource & Cultural Resource $1,876,860.00 1001 Natural Resource & Cultural Resource $1,933,165.00 2001 Natural Resource & Cultural Resource $1,991,160.00

Total $5,801,185.00

vi. Description of services to be acquired:

This Contract will require a wide variety of wildlife and natural resources-related tasks as well as archaeological work on Joint Base Lewis McChord (JBLM) Yakima Training Center (YTC) that will allow government staff to develop accurate and effective management/protection strategies in areas potentially affected by military activity to comply with all Federal statutes, regulations, and Executive Orders for management of all types of cultural and natural resources. The Government will identify tasks required to complete each specific job and will issue Task Orders to the Contractor to complete the identified jobs. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform each task identified and defined in the Task Orders placed against this contract.

vii. Location of Contract Performance:

Yakima Training Center, WA. Anticipated contract award date is 19 Sep 2024. Period of Performance:

12 month base year and two option years.

viii. The provision at 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services, applies to this acquisition and is incorporated by reference.

ADDENDUM TO 52.2 212-1(b)

All E-mail submissions must clearly identify this notice on the subject line. Offerors bear the burden of ensuring their proposal reached the designated contracting office on time and should allow reasonable time for transmission to be completed. Large e-mail files may not transmit properly so it is advised to send large attachments in several separate e-mails. All pages of the transmission and attachments must reach the office before the deadline specified. Any part of the proposal that arrives after the specified deadline may not be considered. The submitter bears the risk of non-receipt of proposals and should confirm by telephone that the proposal was received. The point of contact for this requirement is Contract Specialist Alfonso Nolasco.

The offeror shall submit 1 copy of its entire proposal. The submission of an incomplete proposal may render the proposal unacceptable and will not be considered. (NOTE:

proposals submitted through sam.gov are unacceptable)

DOCUMENTATION, shall include the following:

I. Administrative Submit:

Offerors will submit A cover letter with signatures of a corporate officer or similarly situated individual authorized to negotiate for the company. Include name of the company, phone, fax numbers, and email address(es) and:

1. Acknowledged amendment(s) if applicable. If amendment(s) are not clearly acknowledged your proposal may not be considered.

2. Provide CAGE and UEIs. Offerors are required to be fully registered in SAM at the time an offer is submitted. Proposals from offerors who are not fully registered in SAM will not be evaluated and will not be eligible for award.

There are no exceptions.

II. Price Factors

Attachment 4: DEMONSTRATION NRCR Price Evaluation.xlsx shows how the values in an offerors’ proposal will be used to obtain an offerors’ Evaluated Price. Individual elements of each factor will be analyzed for balanced pricing. Unbalanced pricing may increase performance risk and could result in payment of unreasonably high prices. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly over or understated as indicated by the application of cost or price analysis techniques. Normally, adequate price competition establishes a fair and reasonable price.

FACTOR I: Binding Labor Rates Submit:

1. Offerors will also submit the rates for personnel.

Direct Labor / Fully Burdened Hourly Rates

Discipline Base Period (Year 1)

Option Period (Year 2)

Option Period (Year 3)

Contract Manager

Project Manager

Archaeologist Sr.‐ Level

Archaeologist Mid‐Level

Archaeologist Jr.‐

Biologist Sr.‐

Biologist Mid‐

Biologist Jr.‐Level

Ecologist Sr.‐

Ecologist Mid‐

Ecologist Jr.‐

Environmental Specialist Sr ‐

Specialist Mid ‐

Specialist Jr ‐

Historian Sr.‐

Historian Mid‐

Historian Jr.‐Level

GIS Specialist Mid‐Level

GIS Specialist Jr level

Regulatory Specialist Sr.‐

Specialist Mid‐

Specialist Jr.‐

2. The proposed Binding Labor rates will be accepted and incorporated into the

Contract and will be used in establishing the prices for all Task Orders and Modifications thereto.

FACTOR II: Indirect Cost Factors (ICF) (OH & GA)

The Offeror shall provide:

Indirect Cost Factor: ___________%

1. DEFINITION: The Contractor’s ICF is a numerical factor that encompasses all of the Contractor’s allowable and allocable indirect costs. Examples of such costs include: Home Office Over Head (HOOH) costs; General and Administrative (G&A) costs; all taxes including business and occupation tax;

superintendent salaries; all insurance costs; and various overhead expenses such as project estimating, management staff passenger vehicle costs (including maintenance and fuel), and office administrative expenses.

2. The Contractor’s ICF are proposed as a percentage increase, to be applied to the total of all direct costs. For example, if the ICF is intended to increase the sum of the direct costs by twenty percent (20%), the ICF in the Indirect Cost Factor Schedule is stated as 120%.

3. The proposed ICF will be accepted and incorporated into the Contract and will be used in establishing the prices for all Task Orders and Modifications thereto.

FACTOR III Profit

The Offeror shall provide:

Profit Rate: ___________%

1. DEFINITION: The contractor’s profit represents that element of the potential renumeration that contractors may receive for contract performance over and above allowable costs.

2. The proposed Profit Rate will be accepted and incorporated into the Contract and will be used in establishing the prices for all Task Orders and Modifications thereto.

III. Non-Price Factors

FACTOR IV: Past Performance

1. The offeror will provide a list of four (4) projects completed within the past

10 years that are similar in scope to this requirement. Similar experiences consist of projects completed as a prime contractor or subcontractor. The contractor shall provide project start and completion dates, enough details to show similarity to this project, performance rating and points of contact-titles, phone number and email address.

2. In addition the Government will evaluate each offeror’s past performance history in Contractor Performance Assessment Reporting System (CPARS) at CPARS.gov. The Government may also use information from its own records, information provided by the offerors or their customers, or from any other source it deems appropriate and consider them for past performance evaluation.

The offeror will receive a rating of SATISFACTORY for past performance that demonstrates more than three (3) years of favorable performance on similar projects, and any additional information retrieved from CPARS and from the Contracting Officer is favorable, as applicable.

In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror WILL NOT BE EVALUATED FAVORABLY OR UNFAVORABLY and will receive a NEUTRAL rating.

The offeror will receive a rating of UNSATISFACTORY for past performance that demonstrates unfavorable performance on similar projects and/or the additional information from CPARS and/or the Contracting Officer is not favorable.

FACTOR V: Key Personnel

1. The offeror shall provide their proposed Key Personnel’s resume and qualifications.

PWS KEY PERSONNEL QUALIFICATION

1.7.7.2 Archaeologists - Senior

Level Technical Qualifications:

Master’s degree from an accredited college or university in a field related to the technical field consistent with the required duties of the position and a minimum of 10 years of directly applicable experience, with a minimum of 3 years of experience in the Columbia River Basin.

Professional certification is preferred where applicable.

Archeologists will meet Secretary of Interior standards for 36 CFR Part 61.

1.7.7.2 Biologists - Senior

Level Technical Qualifications:

Master’s degree from an accredited college or university in a field related to the technical field consistent with the required duties of the position and a minimum of 10 years of directly applicable experience, with a minimum of 3 years of experience in the Columbia River Basin.

Professional certification is preferred where applicable.

1.7.7.2 Ecologists - Senior

Level Technical Qualifications:

Master’s degree from an accredited college or university in a field related to the technical field consistent with the required duties of the position and a minimum of 10 years of directly applicable experience, with a minimum of 3 years of experience in the Columbia River Basin.

Professional certification is preferred where applicable.

1.7.7.2 Environmental

Scientist/ Historians - Senior Level Technical Qualifications:

Master’s degree from an accredited college or university in a field related to the technical field consistent with the required duties of the position and a minimum of 10 years of directly applicable experience, with a minimum of 3 years of experience in the Columbia River Basin.

Professional certification is preferred where applicable.

1.7.7.2 Historians - Senior

Level Technical Qualifications:

Master’s degree from an accredited college or university in a field related to the technical field consistent with the required duties of the position and a minimum of 10 years of directly applicable experience, with a minimum of 3 years of experience in the Columbia River Basin.

Professional certification is preferred where applicable.

An offer will receive a rating of EXCEPTIONALLY QUALIFIED for providing resumes and qualifications that demonstrates minimum education and experience qualifications in four of the five disciplines- Archaeologists/ Biologists / Ecologists /Environmental Scientist/ Historians.

An offer will receive a rating of HIGHLY QUALIFIED for providing two or three resumes and qualifications that demonstrates the minimum education and experience in different disciplines of the five disciplines- Archaeologists/ Biologists / Ecologists /Environmental Scientist/ Historians.

An offer will receive a rating of QUALIFIED for providing at least one resume and qualification that demonstrates the minimum education and experience in one of the five disciplines- Archaeologists/ Biologists / Ecologists /Environmental Scientist/ Historians.

An offer will receive a rating of NOT QUALIFIED for not providing at least one resume and qualification that demonstrates the minimum education and experience in any of the five disciplines- Archaeologists/ Biologists / Ecologists /Environmental Scientist/ Historians.

IV. Technical Approach

FACTOR VI Technical Approach to INITIAL TASK ORDER

1. The offeror shall respond to Attachment 2, Initial Task Order Request for Proposal for project titled "Shrub Planting and Cultural Resource Surface and Subsurface Survey” at Yakima Training Center, JBLM, WA providing a Technical Narrative describing the approach to be used to accomplish the contract tasks as stated in the Performance Work Statement (PWS).

The technical narrative shall be detailed, concise, and shall cover every aspect of how the contractor will accomplish the Tasks (Part 5) of the Performance Work Statement and Performance Requirement Summary (PRS) at 7.2. The narrative should describe the contractor’s Quality Control Plan (QCP) and how the contractor will implement it, in accordance with the PWS. The format of Task Order Request for Proposal (TORP) for project titled "Shrub Planting and Cultural Resource Surface and Subsurface Survey” at Yakima Training Center, JBLM, WA is typical of how Task Orders will be requested.

2. The offeror shall provide Proposal Pricing for Initial Task Order using the provided pricing schedule included in Attachment 2. The quote shall be inclusive of all costs to perform the work specified in the PWS and shall reflect the effort described as part of the offeror’s Technical Narrative. Pricing of the Task Order is not being evaluated as a price element or for price reasonableness, but should demonstrate how the proposed hourly rates, ICF, and Profit will result in execution of price reasonable task orders.

The offeror will receive a rating of EXCEPTIONAL for submitting a technical narrative and quality control plan that covers all aspects of the Specific Tasks listed in Part 5 of the PWS and the PRS in a detailed and concise manner and demonstrates a high level of technical proficiency and unique qualifications to fulfill the requirements described in the PWS.

Pricing of the offer should reflect conformance with Base Contract Performance Works Statement Para 1.4.2.

The offeror will receive a rating of SATISFACTORY for submitting a technical narrative and quality control plan that covers all or most of the aspects of the Specific Tasks listed in Part 5 of the PWS and the PRS and demonstrates technical proficiency and qualifications to fulfill the requirements described in the PWS. Pricing of the offer should reflect conformance with Base Contract Performance Works Statement Para 1.4.2.

The offeror will receive a rating of UNSATISFACTORY for submitting a technical narrative and quality control plan that does not sufficiently cover all or most of the aspects of the Specific Tasks listed in Part 5 of the PWS and the PRS and demonstrates questionable proficiency and qualifications to fulfill the requirements described in the PWS. Pricing of the offer would NOT reflect conformance with Base Contract Performance Works Statement Para 1.4.2.

(End of Addendum to 52.212-1)

ix. The provision at 52.212-2 Evaluation—Commercial Products and Commercial Services applies to this acquisition:

ADDENDUM TO 52.212-2

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose proposal conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

The following factors shall be used to evaluate proposals: Factor II.

Technical Capability, Factor III. Past Performance & Factor IV. Price.

Evaluation Procedures: A comparative evaluation will be performed in accordance with FAR 13.106-2(b)(3). A comparative evaluation is defined as the act of comparing two or more offers in response to the RFP. The item-by-item comparison is performed by comparing each offer directly to one another to determine which provides the best value to the Government utilizing Non-Price Factors, Price Factor and Initial Project as described below.

Of the Non-Price Factors, Key Personnel is equally important to Past Performance, and both are substantially more important than Technical Approach (Initial Project). When combined, the Non- Price factors are equal to Price Factors.

(b) Options. Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Addendum to FAR 52.212-2)

x. Offerors shall state they have a current and complete record in SAM which meets the requirement of the provision 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, or a copy of the complete provision must be provided with its offer.

xi. 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services, 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, applies to this acquisition.

xiii. 52.222-41, Service Contract Labor Standards applies to this requirement. Wage

Determination No.: 2015-5543 Rev 23, 7/22/2024, is currently applicable. The most recent revision of this Wage Determination that is in effect on the date of contract Task Order award will be incorporated into the contract Task Order.

xiv. Defense Priorities and Allocations System (DPAS) rating is not applicable.

xv. Offers are due on 12 Sept 2024 at 12:00:00 pm (PDT) and shall be electronically sent to the following personnel:

Contract Specialist: Alfonso Nolasco, alfonso.nolasco@usace.army.mil

Contracting Officer: Jeffrey Ross, jeffrey.a.ross@usace.army.mil

xvi. For questions regarding this solicitation, email Alfonso Nolasco at alfonso.nolasco@usace.army.mil and Jeffrey Ross, jeffrey.a.ross@usace.army.mil . Questions submitted less than three (3) business days prior to solicitation closing may not receive a response.

SITE VISIT- The Government will hold a site visit at Yakima Training Center on 28 Aug 2024 beginning at 10:00 a.m. PDT. Attendance is at the offeror’s expense. All interested firms may attend to include subcontractor personnel. All personnel are instructed to meet outside the main gate and the Environmental Division Chief, Bethany Mills, will be present to assist with gate access. Once everyone has access, a tour of the pertinent ranges and areas under this contract action will commence. Contractors will be responsible for providing their own transportation and will be following the lead vehicle during the tour.

Technical questions will not be addressed during the site visit. Contractors are asked to RSVP to the Project Manager, Lindsey Gay, via email lindsey.t.gay@usace.army.mil or Cell: 206-660-6471 no later than 26 Aug 2024.

Attachments:

1. BASE CONTRACT- PWS Indefinite Delivery Indefinite Quantity Wildlife, Natural, and Cultural Resources Project Support

2. INITIAL TASK ORDER REQUEST FOR PROPOSAL (TORP) – PWS Shrub Planting and CR

Surface and Subsurface Survey

3. DEMONSTRATION NRCR Price Evaluation.xlsx

CLAUSES INCORPORATED BY REFERENCE

52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(JUN 2020) -- Alternate I

NOV 2021

52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

JUN 2020

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-20 Predecessor of Offeror AUG 2020 52.204-26 Covered Telecommunications Equipment or Services--

Representation.

OCT 2020

52.209-5 Certification Regarding Responsibility Matters AUG 2020 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

FEB 2016

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

SEP 2023

52.212-2 Evaluation - Commercial Items NOV 2021 52.212-3 Alt I Offeror Representations and Certifications--Commercial

Products and Commercial Services (NOV 2023) Alternate I

OCT 2014

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

NOV 2023

52.217-5 Evaluation Of Options JUL 1990 52.219-8 Utilization of Small Business Concerns SEP 2023 52.219-14 (Dev) Limitations on Subcontracting (DEVIATION 2021-O0008) FEB 2023 52.219-17 Section 8(a) Award OCT 2019 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option Contracts)

AUG 2018

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation

APR 1984

52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.252-4 Alterations in Contract APR 1984 252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

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

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7012 (Dev) Safeguarding Covered Defense Information and Cyber

Incident Reporting (DEVIATION 2024-O0013)

MAY 2024

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7022 Expediting Contract Closeout MAY 2021 252.204-7023 Alt I Reporting Requirements for Contracted Services (JUL 2021)

Alternate I

JUL 2021

252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.205-7000 Provision Of Information To Cooperative Agreement Holders JUN 2023 252.215-7008 Only One Offer DEC 2022 252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors

JAN 2023

252.225-7048 Export-Controlled Items JUN 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

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

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

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

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

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

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

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

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004s) (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).

XX (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

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

XX (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-

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

___ (6) [Reserved]

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

C).

___ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub.

L. 111-117, section 743 of Div. C).

XX (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub.

L. 117-328).

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

___ (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC 2023) (Pub. L.

115-390, title II).

___ (ii) Alternate I (DEC 2023) of 52.204-30.

___ (12) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

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

____ (14) [Reserved]

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

____ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (17) [Reserved]

XX (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

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

____ (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

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

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

____ (21)(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C. 637(d)(4)).

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

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

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

____ (v) Alternate IV (SEP 2023) of 52.219-9.

____ (22) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

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

____ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

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

____ (25) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C.

657f).

XX (26) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (SEP 2023) (15 U.S.C. 632(a)(2)).

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

____ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

____ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

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

____ (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

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

____ (32) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (NOV 2023) (E.O. 13126).

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

XX (34)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

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

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

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

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

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

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

13496).

XX (39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

XX (40) 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.)

____ (41)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

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

____ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

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

____ (44)(i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

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

____ (45)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

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

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

____ (47)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

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

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

13513).

____ (49) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

____ (50) 52.223-21, Foams (JUN 2016) (E.O. 13693).

____ (51)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

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

____ (52) (i) 52.225-1, Buy American--Supplies (OCT 2022) (41 U.S.C. chapter 83).

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

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

____ (ii) Alternate I [Reserved].

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

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

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

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

XX (55) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (56) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

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

____ (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.

5150).

____ (59) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

____ (60) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

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

XX (62) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

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

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

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

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

____ (67)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C.

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

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

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

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

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

XX (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).

This statement is for INFORMATION only. It is not a Wage Determination.

Employee Class/Monetary Wage-Fringe Benefits

11090 - Gardener GS-7 Step III $25.13 Plus Benefits 11210 - Laborer, Grounds Maintenance GS-5 Step II $19.66 Plus Benefits 30021 - Archeological Technician I GS-4 Step IV $18.70 Plus Benefits 30022 - Archeological Technician II GS-5 Step IV $20.92 Plus Benefits 30023 - Archeological Technician III GS-7 Step IV $25.92 Plus Benefits 30090 - Environmental Technician GS-7 Step IV $25.92 Plus Benefits

_____ (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).

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

13658).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

117-328).

(vii)(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC 2023) (Pub. L. 115- 390, title II).

(B) Alternate I (DEC 2023) of 52.204-30.

(viii) 52.219-8, Utilization of Small Business Concerns (SEP 2023) (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.

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

(x) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

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

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

(xiv) 52.222-40, Notification of Employee Rights…