02-TO Announcement Fort Wadsworth NY.pdf

FACILITIES DESIGN AND CONSTRUCTION CENTER

5505 ROBIN HOOD RD., SUITE K

NORFOLK, VA 23513

Sharan A. Lind Senior Field Contracting Officer

Sharan.A.Lind@uscg.mil 571-607-4595

Maria (Helen) Chapa-Johnson

Contracting Officer Maria.E.Chapa-Johnson@uscg.mil

206-815-3535

NATIONAL MULTIPLE AWARD

CONSTRUCTION CONTRACT III - POOL ONE (NMACC III-Pool 1)

TASK ORDER ANNOUNCEMENT #

70Z04725RPCNI0005

Design/Build Construction for

REBUILD FAMILY HOUSING FORT WADSWORTH (PHASE I)

AT U. S. COAST GUARD SECTOR NEW YORK,

STATEN ISLAND, NY

ISSUE DATE: May 27, 2025 mailto:Sharan.A.Lind@uscg.mil mailto:Maria.E.Chapa-Johnson@uscg.mil

United States Coast Guard Ombudsman Program

FAR 52.216-32 Task-Order and Delivery-Order Ombudsman (Sept 2019)

(a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order and delivery-order Ombudsman for this contract. The Ombudsman must review complaints from the Contractor concerning all task-order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract. Email OPAP@uscg.mil and copy the Senior Field Contracting Officer at Sharan.A.Lind@uscg.mil.

(b) Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., protests).

(c) Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution. When requested by the Contractor, the Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

(End of clause) mailto:OPAP@uscg.mil mailto:Sharan.A.Lind@uscg.mil

TASK ORDER ANNOUNCEMENT # 70Z04725RPCNI0005 IS ISSUED ONLY TO THOSE OFFERORS

UNDER THE NATIONAL MULTIPLE AWARD CONSTRUCTION CONTRACT III, POOL ONE

(NMACC III-Pool 1) INDEFINITE DELIVERY/INDEFINITE QUANTITY (IDIQ)

I. GENERAL REQUIREMENTS

Title: Design/Build-Rebuild Family Housing Fort Wadsworth (Phase I) at U. S. Coast Guard Sector New York

Location of the work: Staten Island, New York 10305-5005

Project Number: 21-14089081

Specifications and Drawings: RFP Guide Specifications 21-14089081 (provided in electronic format via Sam.gov and/or DoD Safe)

Supplementary Documents: Project 21-14089081 Attachments and Appendices (provided in electronic format via Sam.gov and/or DoD Safe)

Wage Determinations: General Decision No. NY20250003, Modification No. 07 dated 05/16/2025, New York, Richmond County (provided in electronic format via Sam.gov and/or DoD Safe)

Disclosure of Magnitude: The Government requests Offerors notify the Contracting Officer as soon as practicable if they determine the project cannot be accomplished within the below price limitation. The design and construction costs will be subject to the funds available for this project.

The contract price limitation for the contract award is approximately $18 Million for the total Base Items. The contract price limitation for the contract award is approximately $45 Million for the total Option Items. Contractors are notified that they are under no obligation to approach this ceiling; however, the Government may not be able to make an award if the dollar amount set for this project is exceeded.

Description of the work: This project is for design-build demolition and construction of Fort Wadsworth Family Housing Facilities located at U. S. Coast Guard Sector New York, Staten Island, NY. The project scope includes demolition of several apartment buildings, carports and their foundations, preparation and clearing of existing site for new construction, removal, and installation of underground utilities, resurfacing and repair of roads and sidewalks, and new multiplex construction with new street lighting, landscaping, fencing, and new entrance gates. The project consists of two (2) Base Items and six (6) Option Items in accordance with the Price proposal Form.

BASE ITEM 001: Provide all services and materials necessary to design and construct in accordance with RFP Guide Specifications to complete the design and build the project entitled, ‘Recapitalize Family Housing (Phase 1)’. The base bid scope includes:

(a) Demolish Unit #428 USS Connecticut Court.

(b) Construct one (1) multiplex family housing building with four (4) Units as outlined below: One (1) 3-Bedroom Unit (2,797 SF) One (1) 4-Bedroom Unit (2,946 SF) One (1) 3-Bedroom ADA Unit (2,536 SF) One (1) 4-Bedroom ADA Unit (3,507 SF) Construction

(c) All costs to repair USS Connecticut Court, including, but not limited to the resurfacing and striping/marking within the repair limits as shown on RFP Drawings.

BASE ITEM 0002: Allotment to all Contactors Offerors for all utility disconnection and connection fees and related service activities in accordance with Specification 01800, Paragraph 1.1.2 (Project Site).

Base Item 002 will be negotiated and incorporated into the contract via a modification at a later date.

Allotment amount is included solely for purposes of evaluation. In the event that the total cost of this Item is above $10,000, the Contractor may make a request for equitable adjustment to the Government.

A credit will be due back to the Government in the event these efforts total cost is less than $10,000.00.

OPTION ITEMS:

NMACC III-Pool 1 Contractors are required to provide pricing for all option items (Option Items 1 through 6). If awarded, options shall be completed within the contract performance period. Options will be considered in accordance with FAR 52.217-5 Evaluation of Options (JULY 1990).

BID OPTION 1, ITEM 001: Provide all services and materials necessary to design and construct in accordance with RFP Guide Specifications a four-unit multi-plex housing building, to include all related demolition and site work costs. Provide all services and materials necessary to design and construct in accordance with RFP Guide Specifications the repair of USS Connecticut Court, including, but not limited to the resurfacing and striping/marking within the repair limits as shown on RFP Drawings.

BID OPTION 1, ITEM 002: Allotment to all Contactors for all utility disconnection and connection fees and related service activities in accordance with Specification 01800, Paragraph 1.1.2 (Project Site).

Bid Option 1, Item 002 will be negotiated and incorporated into the contract via a modification at a later date. Allotment amount is included solely for purposes of evaluation. In the event that the total cost of this Item is above $10,000, the Contractor may make a request for equitable adjustment to the Government. A credit will be due back to the Government in the event these efforts total cost is less than $10,000.00.

BID OPTION 2, ITEM 001: Provide all services and materials necessary to design and construct in accordance with RFP Guide Specification and Drawings a four-unit multi-plex housing building to include all related demolition and site work costs.

BID OPTION 2, ITEM 002: Allotment to all Contactors for all utility disconnection and connection fees and related service activities in accordance with Specification 01800, Paragraph 1.1.2 (Project Site).

Bid Option 2, Item 002 will be negotiated and incorporated into the contract via a modification at a later date. Allotment amount is included solely for purposes of evaluation. In the event that the total cost of this Item is above $10,000, the Contractor may make a request for equitable adjustment to the Government. A credit will be due back to the Government in the event these efforts total cost is less than $10,000.00.

BID OPTION 3, ITEM 001: Provide all services and materials necessary to design and construct in accordance with RFP Guide Specifications a four-unit multi-plex housing building, to include all related demolition and site work costs. Provide all services and materials necessary to design and construct in accordance with RFP Guide Specifications the repair of USS North Carolina Road, including, but not limited to the resurfacing and striping/marking within the repair limits as shown on RFP Drawings.

BID OPTION 3, ITEM 002: Allotment to all Contactors for all utility disconnection and connection fees and related service activities in accordance with Specification 01800, Paragraph 1.1.2 (Project Site).

Bid Option 3, Item 002 will be negotiated and incorporated into the contract via a modification at a later date. Allotment amount is included solely for purposes of evaluation. In the event that the total cost of this Item is above $10,000, the Contractor may make a request for equitable adjustment to the Government. A credit will be due back to the Government in the event these efforts total cost is less than $10,000.00.

BID OPTION 4, ITEM 001: Provide all services and materials necessary to design and construct in accordance with RFP Guide Specifications the demolition and site restoration of 432 Iowa Circle as shown on RFP Drawings.

BID OPTION 4, ITEM 002: Allotment to all Contactors for all utility disconnection and connection fees and related service activities in accordance with Specification 01800, Paragraph 1.1.2 (Project Site).

Bid Option 4, Item 002 will be negotiated and incorporated into the contract via a modification at a later date. Allotment amount is included solely for purposes of evaluation. In the event that the total cost of this Item is above $10,000, the Contractor may make a request for equitable adjustment to the Government. A credit will be due back to the Government in the event these efforts total cost is less than $10,000.00.

BID OPTION 5, ITEM 001: Provide all services and materials necessary to design and construct in accordance with RFP Guide Specifications the installation and/or replacements of gates, fencing, signage, utilities, and landscaping as shown on RFP Drawings.

BID OPTION 5, ITEM 002: Allotment to all Contactors for all utility disconnection and connection fees and related service activities in accordance with Specification 01800, Paragraph 1.1.2 (Project Site).

Bid Option 5, Item 002 will be negotiated and incorporated into the contract via a modification at a later date. Allotment amount is included solely for purposes of evaluation. In the event that the total cost of this Item is above $10,000, the Contractor may make a request for equitable adjustment to the Government. A credit will be due back to the Government in the event these efforts total cost is less than $10,000.00.

BID OPTION 6, ITEM 001: Provide all services and materials necessary to design and construct in accordance with RFP Guide Specifications the reconstruction of Ayers Road, as shown on RFP Drawings.

Period of Performance: The contract performance period is 1489 calendar days after award of the Task Order for the Base and all Option Items. If awarded, the Option Items shall be completed within the contract completion date in accordance with FAR Clause 52.211-10 Commencement, Prosecution and Completion of Work (APR 1984).

Liquidated Damages: Liquidated damages in the amount of $1,429.00 per day will be assessed, if necessary, in accordance FAR 52.211-12, Liquidated Damages-Construction (SEPT 2000).

Insurance/Bonds: Please review Section H.2 of the IDIQ contract for insurance requirements and FAR 52.228-15 for bonding requirements.

Utilities: Refer to appropriate Specification Sections.

SITE VISIT: An organized site visit is scheduled for June 17, 2025, from 9:00AM to 1:00PM.

Participants will meet at USCG Sector Engineering, 311 Battery Rd., Staten Island, NY 10305. See FAR Clause 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995) under Part II. Additional Provisions and Clauses.

Contractors shall submit the names of personnel and subcontractors, including company names attending (Social Security Numbers are NOT required) to Maria (Helen) Chapa-Johnson, Maria.e.chapa-johnson@uscg.mil and Kimberly Stone, Kimberly.stone@uscg.mil no later than four (4) days prior to the site visit. See attached Site Visit Access List and instructions. Although the site visit IS NOT mandatory, it is highly encouraged that you have your team and any major subcontractors attend the meeting. No other site visits will be allowed.

Authorized Representatives of the Contracting Officer: Kimberly Stone is the Contracting Officer's Representative (COR) for the purpose of day-to-day technical administration/inspection of all work under the contract. This includes, but is not limited to, administration of progress, approval of submittals, final inspection and providing technical assistance when required. The contractor is cautioned that in no instance is the above-named person authorized to approve any changes which will involve the quantity, quality, price, or performance of the contract.

A Construction Inspector (to be determined) will coordinate with the Contracting Officer’s Representative for the purpose of inspection of work under the contract. The Contractor is cautioned that in no instance is the Construction Inspector authorized to approve any changes, which involves the quantity, quality, price, or performance of the contract.

Instructions for Submitting Questions Regarding Task Order Announcement: Offerors are requested to review this Task Order Announcement as soon as possible upon receipt. If an offeror has any questions regarding the Task Order Announcement which require an answer from the issuing office, these questions shall be submitted, in writing via email to the Senior Field Contracting Officer, Sharan Lind, and Contracting Officer, Maria (Helen) Chapa-Johnson, referencing section and paragraph of the solicitation, to the U.S. Coast Guard, Facilities Design and Construction Center (FD&CC), 5505 Robin Hood Rd, Suite K, Norfolk, VA 23513. Email addresses are: sharan.a.lind@uscg.mil and maria.e.chapa-johnson@uscg.mil.

Deadline for submissions of Request for Information (RFI(s)) is 4:30 PM (EST) on June 23, 2025.

GENERAL SUBMISSION INSTRUCTIONS

CLOSING DATE: To ensure consideration, submit proposals on July 08, 2025, at 4:30 PM (EST) Local Time, Norfolk, Virginia. Proposals submitted after this date may or may not be evaluated at the sole discretion of the Contracting Officer. The Contracting Officer will consider such factors as whether acceptance will unduly delay award or is necessary to increase competition. Agency close of business is presumed to be 4:30 pm local time.

Proposal Acceptance Period: 90 calendar days from receipt of offer.

The completed price proposal forms (attached) shall be submitted to the Senior Field Contracting Officer and the Contracting Officer using DoDSafe. The Contracting Officer will send an invite to submit through DoDSafe within 48 hours of proposal due date and time. Offerors are to provide a preferred point of contact and email address to be used for DoDSafe submission, to the Contracting Officer, Maria (Helen) Chapa-Johnson at Maria.E.Chapa-Johnson@uscg.mil. Each electronic submission must be less than 36MB.

Price proposals must be prepared in accordance with these submission instructions, providing all required information in the format specified. Failure of a proposal to comply with these general mailto:Maria.e.chapa-johnson@uscg.mil mailto:Maria.e.chapa-johnson@uscg.mil mailto:Kimberly.stone@uscg.mil mailto:sharan.a.lind@uscg.mil mailto:maria.e.chapa-johnson@uscg.mil mailto:Maria.E.Chapa-Johnson@uscg.mil submission instructions and the specific submission instructions contained in this task order announcement may be grounds for exclusion of the proposal from further consideration.

The contractor shall be required to respond to its representation in accordance with FAR Provision 52.204-24 and FAR 52.204-26. Contractors ARE required to include their representation in FAR 52.204-24(d) with the submission of their proposal by indicating in a statement that “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.”

Electronic Submission of Payment Requests is a requirement for this Contract in accordance with H.21 Centralized Invoice Submittal in the IDIQ contract.

Invoice Processing Platform (IPP)

(a) Definitions. As used in these instructions -

(1) “Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must: comply with the requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract. In addition, discount offerings and small business status if available shall be stated. If travel was allowable and approved, components in accordance with FAR 31.205-46 shall be provided.

(b) Except as provided in paragraph (c) of this clause, the contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP). Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.

(c) The contractor may submit payment requests using a method other than IPP only when the contracting officer authorizes alternate procedures in writing in accordance with Coast Guard procedures.

(d) If alternate payment procedures are authorized, the contractor shall include a copy of the contracting officer's written authorization with each payment request.

(e) IPP enrollment information is at https://www.uscg.mil/fincen/IPP/ .

II. ADDITIONAL PROVISIONS AND CLAUSES

The following FAR Clauses and Agency specific Task Order Provisions/Clauses are being incorporated into this Task Order contract in addition to clauses in the Base Contract:

System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations, including 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals— Representation, and paragraph (t) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services.

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (NOV 2023) (DHS-USCG DEVIATION 14-01, Revision 1)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies established at 10 U.S.C. 4701 and Homeland Security Acquisition Regulation (HSAR) 3.900 (DEVIATION) through 3.905 (DEVIATION).

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 10 U.S.C. 4701, as described in HSAR 3.900 (DEVIATION) through 3.905 (DEVIATION).

http://www.ipp.gov/ https://www.uscg.mil/fincen/IPP/ https://www.law.cornell.edu/uscode/text/10/4701 https://www.acquisition.gov/far/subpart-3.9#FAR_3_900 https://www.acquisition.gov/far/subpart-3.9#FAR_3_905 https://www.law.cornell.edu/uscode/text/10/4701 https://www.acquisition.gov/far/subpart-3.9#FAR_3_900 https://www.acquisition.gov/far/subpart-3.9#FAR_3_905

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts.

52.204-8 Annual Representations and Certifications (JAN 2025) (DEVIATION FEB 2025)

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is $45M.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519 if the acquisition—

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) (1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

(i) □ Paragraph (d) applies.

(ii) □ Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless–

(A) The acquisition is to be made under the simplified acquisition procedures in part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services-Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(xiv) Reserved

(xv) Reserved.

(xvi) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of biobased products in USDA-designated product categories;

or include the clause at 52.223-2, Reporting of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xix) Reserved.

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates II and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more but is less than $100,000, the provision with its Alternate II applies.

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates II and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more but is less than $100,000, the provision with its Alternate II applies.

(C) If the acquisition value is $100,000 or more but is less than $102,280, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan Certification.

This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation.

This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

_X_ (i) 52.204-17, Ownership or Control of Offeror.

_X_ (ii) 52.204-20, Predecessor of Offeror.

__ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

__ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.

__ (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.

__ (vi) 52.227-6, Royalty Information.

__ (A) Basic.

__ (B) Alternate I.

__ (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically in SAM website accessed through https://www.sam.gov. After reviewing the SAM information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

52.204-23 Prohibition on Contracting For Hardware, Software, and Services Developed or Provided By Kaspersky Lab Covered Entities (DEVIATION 20-05) (JUL 2024)

(a) Definitions. As used in this clause Kaspersky Lab covered article means any hardware, software, or service that–

(1) Is developed or provided by a Kaspersky Lab covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky Lab covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a Kaspersky Lab covered entity.

Kaspersky Lab covered entity means–

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., “Kaspersky”;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any Kaspersky Lab covered article. The Contractor is prohibited from—

(1) Providing any Kaspersky Lab covered article that the Government will use on or after October 1, 2018; and

(2) Using any Kaspersky Lab covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement.

(1) In the event the Contractor identifies covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report, in writing, via email, to the Contracting Officer, Contracting Officer's Representative, and the Enterprise Security Operations Center (SOC) at NDAA Incidents@hq.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer's Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph

(c)(1) of this clause:

(i) Within 3 business days from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a Kaspersky Lab covered article, any reasons that led to the use or submission of the Kaspersky Lab covered article, and any additional efforts that will be incorporated to prevent future use or submission of Kaspersky Lab covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

FAR 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 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 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 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— https://www.sam.gov/

(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.

52.204.26 Covered Telecommunications Equipment or Services-Representation (OCT 2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has 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) 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.

52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 (OCT 2023) (Deviation 24-02)

(a) Definitions. As used in this clause— United States means the 50 states, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331, et seq.).

Worker – (1)(i) Means any person engaged in performing work on, or in connection with, a contract covered by Executive Order 14026, and–

(A) Whose wages under such contract are governed by the Fair Labor Standards Act (29 U.S.C.

chapter 8), the Service Contract Labor Standards statute (41 U.S.C. chapter 67), or the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV);

(B) Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541; and

(C) Regardless of the contractual relationship alleged to exist between the individual and the employer.

(ii) Includes workers performing on, or in connection with, the contract whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c).

(iii) Also includes any person working on, or in connection with, the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor’s Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship.

(2)(i) A worker performs on a contract if the worker directly performs the specific services called for by the contract; and

(ii) A worker performs in connection with a contract if the worker's work activities are necessary to the performance of a contract but are not the specific services called for by the contract.

(b) Executive Order Minimum wage rate.

(1) The Contractor shall pay to workers, while performing in the United States, and performing on, or in connection with, this contract, a minimum hourly wage rate of $15.00 per hour beginning January 30, 2022.

(2) The Contractor shall adjust the minimum wage paid, if necessary, beginning January 1, 2023, and annually thereafter, to meet the applicable annual E.O. minimum wage. The Administrator of the Department of Labor’s Wage and Hour Division (the Administrator) will publish annual determinations in the Federal Register no later than 90 days before the effective date of the new E.O. minimum wage rate. The Administrator will also publish the applicable E.O. minimum wage on https://www.sam.gov (or any successor website) and a general notice on all wage determinations issued under the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, that will provide information on the E.O. minimum wage and how to obtain annual updates. The applicable published E.O. minimum wage is incorporated by reference into this contract.

(3)(i) The Contractor may request a price adjustment only after the effective date of the new annual E.O. minimum wage determination. Prices will be adjusted only for increased labor costs (including subcontractor labor costs) as a result of an increase in the annual E.O. minimum wage, and for associated labor costs (including those for subcontractors). Associated labor costs shall include increases or decreases that result from changes in social security and unemployment taxes and workers’ compensation insurance but will not otherwise include any amount for general and administrative costs, overhead, or profit.

(ii) Subcontractors may be entitled to adjustments due to the new minimum wage, pursuant to paragraph (b)(2). Contractors shall consider any subcontractor requests for such price adjustment.

(iii) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (b)(3)(i) of this clause, and will not provide duplicate price adjustments with any price adjustment under clauses implementing the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute.

(4) The Contractor warrants that the prices in this contract do not include allowance for any contingency to cover increased costs for which adjustment is provided under this clause.

(5) A pay period under this clause may not be longer than semi-monthly, but may be shorter to comply with any applicable law or other requirement under this contract establishing a shorter pay period. Workers shall be paid no later than one pay period following the end of the regular pay period in which such wages were earned or accrued.

(6) The Contractor shall pay, unconditionally to each worker, all wages due free and clear without subsequent rebate or kickback. The Contractor may make deductions that reduce a worker’s wages below the E.O. minimum wage rate only if done in accordance with 29 CFR 23.230, Deductions.

(7) The Contractor shall not discharge any part of its minimum wage obligation under this clause by furnishing fringe benefits or, with respect to workers whose wages are governed by the Service Contract Labor Standards statute, the cash equivalent thereof.

(8) Nothing in this clause shall excuse the Contractor from compliance with any applicable Federal or State prevailing wage law or any applicable law or municipal ordinance or any applicable contract establishing a minimum wage higher than the E.O. 14026 minimum wage. However, wage increases under such other laws or municipal ordinances are not subject to price adjustment under this subpart.

(9) The Contractor shall pay the E.O. minimum wage rate whenever it is higher than any applicable collective bargaining agreement(s) wage rate. (10) The Contractor shall follow the policies and procedures in 29 CFR 23.240(b) and 23.280 for treatment of workers engaged in an occupation in which they customarily and regularly receive more than $30 a month in tips.

(c)(1) This clause applies to workers as defined in paragraph (a). As provided in that definition–

(i) Workers are covered regardless of the contractual relationship alleged to exist between the contractor or subcontractor and the worker;

(ii) Workers with disabilities whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c) are covered; and

(iii) Workers who are registered in a bona fide apprenticeship program or training program registered with the Department of Labor’s Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship, are covered.

(2) This clause does not apply to—

(i) Contracts or subcontracts to which the States of Texas, Louisiana, or Mississippi, including their agencies, are a party; (ii) Fair Labor Standards Act (FLSA)-covered individuals performing in connection with contracts covered by the E.O., i.e., those individuals who perform duties necessary to the performance of the contract, but who are not directly engaged in performing the specific work called for by the contract, and who spend less than 20 percent of their hours worked in a particular workweek performing in connection with such contracts;

(iii) Individuals exempted from the minimum wage requirements of the FLSA under 29 U.S.C.

213(a) and 214(a) and (b), unless otherwise covered by the Service Contract Labor Standards statute, or the Wage Rate Requirements (Construction) statute. These individuals include but are not limited to—

(A) Learners, apprentices, or messengers whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(a);

(B) Students whose wages are calculated pursuant to special certificates issued under 29 U.S.C.

214(b); and

(C) Those employed in a bona fide executive, administrative, or professional capacity (29 U.S.C.

213(a)(1) and 29 CFR part 541).

(d) Notice. The Contractor shall notify all workers performing work on, or in connection with, this contract of the applicable E.O. minimum wage rate under this clause. With respect to workers covered by the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, the Contractor may meet this requirement by posting, in a prominent and accessible place at the worksite, the applicable wage determination under those statutes. With respect to workers whose wages are governed by the FLSA, the Contractor shall post notice, utilizing the poster provided by the Administrator, which can be obtained at www.dol.gov/agencies/whd/government-contracts, in a prominent and accessible place at the worksite.