SF19__RFQ_04C18Q00000161.pdf
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- Attached to
- COTHEN Engineering Project LED Tower Lights
- Solicitation number
- 04C18Q00000161
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RFQ # 04C18Q00000161 for COTHEN LED Tower Lights
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| SF19-95a Request for Quotations.pdf | Revision not stated | Water Service Line, Pump House, Booster Pump and Pressure Tank. | |
| SF-19_Feb_9_second.xml | Revision not stated | PT300D Devices | |
| SF-19_Feb_9_second.xml | Revision not stated | PT3000 devices |
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| FBP_Solicitation__04C18Q00000161_Government_Answer_to_Vendor_3rd_Set_of_Questions.docx | DOCX document | |
| FBP_Solicitation__04C18Q00000161_Government_Answer_to_Vendor_QuestionsV1docx.docx | DOCX document | |
| Diagram_TCI_527-3E.pdf |
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4. CERT.FOR NAT. DEF.
UNDER BDSA REG. 2
AND/OR DMS REG. 1
7. DELIVERY
REQUEST FOR QUOTATION
(THIS IS NOT AN ORDER)
THIS RFQ
BUSINESS SET-ASIDE.
PAGE OF PAGES
RATING1. REQUEST NO. 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO.
5a. ISSUED BY
9. DESTINATION
8. TO
b. COMPANY
b. STREET ADDRESS
a. NAME OF CONSIGNEE
IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service.
Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.
5b.FOR INFORMATION CALL (NO COLLECT CALLS)
a. NAME
NAME TELEPHONE NUMBER (Include Area code)
IS IS NOT A SMALL
6. DELIVERY BY (Date)
OTHER
(See Schedule)
FOB
DESTINATION
c. STREET ADDRESS
d. CITY f. ZIP CODEe. STATE
c. CITY
d. STATE e. ZIP CODE
10. PLEASE FURNISH QUOTATIONS TO
THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)
11. SCHEDULE (Include applicable Federal, State and local taxes)
1 2
11A.
ITEM NO.
11F.
AMOUNT
11C.
QUANTITY
11D.
UNIT
11E.
UNIT PRICE
11B.
SUPPLIES/SERVICES
70B04C18Q00000161 07/03/2018 0020102485
DHS - Customs & Border Protection Department of Homeland Security 1300 Pennsylvania Ave, NW Procurement Directorate - NP 1310 Washington DC 20229
Sharon Brown 202-344-3851
08/01/2018
See Attached Delivery Schedule
07/24/2018
TOTAL
12. DISCOUNT FOR PROMPT
PAYMENT
CALENDAR DAYS (%)a. 10 CALENDAR DAYS
(%) NUMBER
c. 30 CALENDAR DAYS
b. 20 CALENDAR DAYS
(%) PERCENTAGE
NOTE: Additional provisions and representations
a. NAME OF QUOTER
13. NAME AND ADDRESS OF QUOTER
c. COUNTY
e. STATE f. ZIP CODE
b. STREET ADDRESS
d. CITY
14. SIGNATURE OF PERSON AUTHORIZED TO SIGN
QUOTATION
15. DATE OF
QUOTATION
16. SIGNER
a. NAME
c. TITLE (Type or print)
b. TELEPHONE (Include Area code) are are not attached.
STANDARD FORM 18 (REV. 6-95)
Prescribed by GSA-FAR (48 CFR) 53.215-1(a)
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition not useable
10 COTHEN Engineering Prjt-Tower Lighting-O 1.000 EA
20 COTHEN Engineering Prjt-Tower Lighting-A 1.000 EA
PAGE OF PAGES
NOTES:
REQUEST FOR QUOTATION
(THIS IS NOT AN ORDER)
1. REQUEST NO. 2. DATE ISSUED
2 270B04C18Q00000161 07/03/2018
STANDARD FORM 18 (REV. 6-95)
The purpose of this action is to purchase LED Tower Lights in strict accordance with the attached Statement of Work.
Preference will be given to a small business concern that demonstrates in its proposal explicit adherence to technical specifications as established in the attached Statement of Work.
Place of performance: The work shall be performed at a Government site in the vicinity of Sarasota, FL. The contractor is expected to anticipate any local or long distance travel in its pricing for this activity. The Government will not pay travel costs.
Performance Period: Delivery shall be performed within 30 days following the award date.
Statement of Work (SOW)
For
COTHEN Engineering Project-Tower Lighting
PR 2010-2485
Date May 8, 2018
Table of Contents
1 BACKGROUND
2 SCOPE
3 APPLICABLE DOCUMENTS
4 SPECIFIC TASKS
4.1 Task 1: Provide Obstruction Lighting equipment
4.2 Task 2: Install Obstruction Lighting
4.3 Task 3: Test Obstruction Lighting
5 DELIVERABLES AND DELIVERY SCHEDULE
6 GOVERNMENT-FURNISHED EQUIPMENT AND INFORMATION
7 PLACE OF PERFORMANCE
8 PERIOD OF PERFORMANCE
9 SECURITY
9.1 Contractor Pre-Screening
9.2 Security Requirements
9.3 Physical and IT Security Requirements
9.4 Remote Access
10 SPECIAL CONSIDERATIONS
10.1 Contractor Personnel
10.2 Inspection and Acceptance
10.3 Other Direct Costs / Travel
10.4 Task Order Administration
10.5 Invoice Instructions
10.6 Unique Standards
10.6.1 CBP Requirements
10.6.2 ISO Requirements
10.6.3 OAST / Section 508 Requirement
Addendum A-Current lighting Addendum B-Site Configuration
1 BACKGROUND
U.S. Customs and Border Protection (CBP) developed, purchased and deployed the Cellular Over-the-Horizon Enforcement Network (COTHEN) communications radio network in order to meet CBP long-range tactical radio communications requirements.
This international network is comprised of land-based, fixed station transceiver systems, remote command and control systems, marine mobile systems, airborne mobile systems, transportable transceiver systems and many special purpose ancillary systems. Each system that comprises COTHEN is specifically designed to support tactical law enforcement officers for the Department of Homeland Security (DHS) and other Federal and Law Enforcement agencies. The network is completely frequency adaptive and employs voice type-3 encryption. COTHEN is a primary means of long-range communications for many agencies and therefore it is critical that corrective maintenance be performed in order to sustain network integrity.
2 SCOPE
This SOW defines the requirements to provide equipment and Contractor installation support for CBP’s radio network, COTHEN, with FAA required tower obstruction lighting for the TCI 527- 3E HF antenna located at the site below. The Contractor shall provide new equipment (LED lighting with remote wireless monitoring capability for both towers) and installation services.
The site location of the antenna/tower is listed below:
SAR/FL1 in Limestone, FL
3 APPLICABLE DOCUMENTS
• CFR Title 14 Part 77-Safe, Efficient Use, and Preservation of the Navigable Airspace
• TCI 527 Antenna Product Specifications
• FAA Advisory Circular 70/7460-1L: Obstruction Marking and Lighting
• FAA Advisory Circular 150/5345-43H: Specification for Obstruction Lighting
Equipment
• FCC and DOL (OSHA) “Draft” Communication Tower Best Practices
Standards
Construction Industry (29 CFR 1926) 1926 Subpart M - Fall protection [related topic page]
1926.501 - Duty to have fall protection
1926.502 - Fall protection systems criteria and practices
1926.503 - Training requirements
1926 Subpart E - Personal Protective and Life Saving Equipment [related topic page]
1926.104 - Safety belts, lifelines, and lanyards
1926.105 - Safety nets
General Industry (29 CFR 1910) 1910 Subpart R - Special Industries
1910.268 - Telecommunications 1910 Subpart I - Personal Protective Equipment [related topic page]
1910.132 - General requirements
Federal Registers Communication Tower Safety: Request for Information. (April 15, 2015).
4 SPECIFIC TASKS
4.1 Task 1: Provide Obstruction Lighting equipment
The contractor shall provide Antenna/Tower obstruction lighting for each of the two (2) towers, with the below specifications:
• Provide a medium intensity dual light emitting diode (LED) FAA L-864 & L865 red/white obstruction lighting system for two 210’ guyed lattice antenna towers (“Avian compliant”)
• Provide controller integrated cellular annunciator over LTE modem (carrier requirements provided after award)
• Provide LED side marker lights for each leg on each tower per FAA circular requirements
• Provide type 2 UL1449 compliant AC surge protection device between lighting controller and shelter AC power
• Lighting controller must be wall mountable inside shelter
• The controller shall provide autonomous day/night mode switching
• All tower LED lights must emit both visible and 850nm infrared light for night vision goggle compatibility
• Control cables shall be armored Tek90 or equivalent from the controller to the light fixtures
• Controller shall operate on 120 volts AC single phase 60 hertz power
• Light flashing shall be synchronized between both towers
• A five year warranty shall be provided for all lighting system components
• Lighting system shall not produce excessive electromagnetic or radio frequency interference that degrades high frequency (2 to 30 MHz) reception.
• Lighting system shall be immune to interference, erroneous operation, or damage due to close proximity to high frequency transmitters.
• Controller shall have a display screen or other indicators to show alarms and/or system status
4.2 Task 2: Install Obstruction Lighting
The contractor shall provide certified, insured and trained tower-climbing technicians.
They shall mobilize crew and equipment to the site. They shall remove the old obstruction lighting and dispose of the waste in accordance with local laws/regulations.
The existing system to be removed is a Flash Technologies FTB-324 system with xenon flash and incandescent side marker bulbs. See Addendum A. The contractor shall install the newly provided obstruction lighting according to the manufacturer’s specifications.
See below and Addendum B for additional specifications:
• Reuse existing below grade PVC conduit from shelter to antenna towers for control cable runs
• Below-grade cabling is approximately 600 feet.
• The lightning rod down conductor needs to be routed away from the control cables
4.3 Task 3: Test Obstruction Lighting
The contractor shall test the configuration and operation of the installed obstruction lighting and monitoring equipment to ensure third party monitoring is occurring.
5 DELIVERABLES AND DELIVERY SCHEDULE
Packing slips shall be provided with all equipment/materials procured under the contract. A Completion Report shall be provided within five business days after completion of installation.
6 GOVERNMENT-FURNISHED EQUIPMENT AND INFORMATION
GFE/GFI in the form of address and GPS location will be provided at time of award.
7 PLACE OF PERFORMANCE
The work will be performed at a Government site in the vicinity of Sarasota, FL. The contractor is expected to contemplate any local or long distance travel in its pricing for this activity.
8 PERIOD OF PERFORMANCE
The period of performance is twelve (12) months from date of the award.
9 SECURITY
The work will be UNCLASSIFIED.
9.1 Contractor Pre-Screening
Contractors shall provide the following information for all individuals performing on-site services.
• Contracted Company (prime)
• Subcontractor
• Common Name
• Last Name
• First Name
• M.I.
• DOB (Date of Birth)
• POB (Place of Birth)
• SSN
• Driver’s License #
• State issued
9.2 Security Requirements
The Contractor shall have all individuals performing on-site services sign a Non-Disclosure Agreement (NDA).
9.3 Physical and IT Security Requirements
No additional requirements as the Government will provide an on-site escort.
9.4 Remote Access
No remote access will be required or allowed.
10 SPECIAL CONSIDERATIONS
10.1 Contractor Personnel
The contractor shall provide qualified personnel to perform the work required by this Statement of Work. The contractor shall ensure:
• Supervision of personnel in the performance of their duties
• Instructions are provided to contractor employees to ensure that work progresses on schedule to meet any required deadlines and any accuracy requirements
• Coordination with Government personnel in the assignment and prioritization of requested work
• Assurance that all deliverables are submitted as required
• When determined to be appropriate, contractor employees may be required to execute a non-disclosure agreement as a condition to access of sensitive but unclassified information.
10.2 Inspection and Acceptance
The Government reserves the right to reject any deliverable based on defects with respect to completeness correctness, clarity, and consistencies. In the event of a rejection of any deliverable, the Contracting Officer will notify the contractor in writing within five (5) business days of the receipt of the deliverable of any deficiencies to be corrected. The contractor shall have five (5) business days to correct the deficiencies.
• Accuracy – all deliverables shall be accurate in presentation, content, and shall adhere to the guidelines set forth in this document. All documentation presented to the Government shall be complete, correct, clear, and consistent.
• Clarity – deliverables shall be clear and concise.
• Timeliness – deliverables shall be submitted on or before the due date specified in the statement of work or submitted in accordance with a later scheduled dated mutually agreed upon by the Government and contractor. A deliverable is considered timely if submitted on or before the date specified in the Statement of Work and, and if the Government provides any written notifications of deficiencies, the contractor corrects the deficiencies within five (5) business days.
Monthly, the cognizant CBP COR and contractor’s representative will meet at the CBP place of performance or via conference call to review work performance. Overall clarity and accuracy will determine acceptance of services. This is not intended to restrict or limit the Government’s review of contractor performance and the Government, at its option, may perform additional tests and inspections, as it deems necessary.
10.3 Other Direct Costs / Travel
The Government will not pay for any Travel.
10.4 Task Order Administration
Notwithstanding the contractor’s responsibility for management during performance the administration of this task order will require some coordination between the CBP and the contractor. The Contracting Officer (CO) will appoint a Contracting Officer’s Representative (COR) to assure orderly performance of the tasks and provide technical direction. The COR is
Name: Michelle Smith Title: Contracting Officer Representative (COR) Email: michelle.k.smith@cbp.dhs.gov
Telephone: 407-975-1725 mailto:michelle.k.smith@cbp.dhs.gov
The types of actions within the purview of the COR’s authority are to assure that the contractor performs the technical requirements of the contract; to perform or cause to be performed inspections necessary in connection with performance of the contract; to maintain both written and oral communications with the contractor concerning the aspects of the contract within his/her purview; to issue interpretations of technical requirements; to monitor the contractor’s performance under the task order and notify the contractor and CO of any deficiencies observed; and to coordinate Government-Furnished Property or Data availability and provide for site entry of contractor personnel if required.
The COR will provide no supervision to contractor personnel. The COR is not empowered to make any commitments or changes which affect the task order price or other items and conditions. Any such proposed changes must be brought to the immediate attention of the CO for action. The acceptance of any changes by the contractor without specific approval and written consent of the CO shall be at the contractor’s risk.
10.5 Invoice Instructions
The Contractor shall invoice CBP in accordance with CBP invoicing clause, “Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) (JAN 2016)”.
10.6 Unique Standards
10.6.1 CBP Requirements
CBP Enterprise Architecture Compliance The Offeror shall ensure that the design conforms to the Department of Homeland Security (DHS) and Customs and Border Protection (CBP) Enterprise Architecture (EA), the DHS and CBP Technical Reference Models (TRM), and all DHS and CBP policies and guidelines (such as the CBP Information Technology Enterprise Principles and the DHS Service Oriented Architecture - Technical Framework), as promulgated by the DHS and CBP Chief Information Officers (CIO), Chief Technology Officers (CTO) and Chief Architects (CA).
The Offeror shall conform to the Federal Enterprise Architecture (FEA) model and the DHS and CBP versions of the FEA model, as described in their respective EAs. All models will be submitted using Business Process Modeling Notation (BPMN 1.1 or BPMN 2.0 when available) and the CBP Architectural Modeling Standards. Universal Modeling Language (UML2) may be used for infrastructure only. Data semantics shall be in conformance with the National Information Exchange Model (NIEM). Development solutions will also ensure compliance with the current version of the DHS and CBP target architectures.
Where possible, the Offeror shall use DHS/CBP approved products, standards, services, and profiles, as reflected by the hardware, software, application, and infrastructure components of the DHS/CBP TRM/standards profile. If new hardware, software, or infrastructure components are required to develop, test, or implement the program, these http://cbpnet.cbp.dhs.gov/linkhandler/cbpnet/oit/edme/soa.ctt/soa.pdf http://cbpnet.cbp.dhs.gov/linkhandler/cbpnet/oit/edme/soa.ctt/soa.pdf products will be coordinated through the DHS and CBP formal Technology Insertion (TI) process (to include a trade study with no less than four alternatives, one of which reflecting the status quo and another reflecting multi-agency collaboration). The DHS/CBP TRM/standards profile will be updated, as TIs are resolved.
All developed solutions shall be compliant with the Homeland Security (HLS) EA.
All IT hardware and software shall be compliant with the HLS EA.
Compliance with the HLS EA shall be derived from and aligned through the CBP EA.
Description information for all data assets, information exchanges and data standards, whether adopted or developed, shall be submitted to the Enterprise Data Management Office (EDMO) for review, approval, and insertion into the DHS Data Reference Model and Enterprise Architecture Information Repository.
Development of data assets, information exchanges, and data standards will comply with the DHS Data Management Policy MD 103-01. All data-related artifacts will be developed and validated according to DHS Data Management Architectural Guidelines.
Applicability of Internet Protocol version 6 (IPv6) to DHS-related components (networks, infrastructure, and applications) specific to individual acquisitions shall be in accordance with the DHS EA (per OMB Memorandum M-05-22, August 2, 2005), regardless of whether the acquisition is for modification, upgrade, or replacement. All EA related component acquisitions shall be IPv6 compliant, as defined in the USGv6 Profile (NIST Special Publication 500-267) and the corresponding declarations of conformance, defined in the USGv6 Test Program.
Personal Identifiable Information (PII) When a contractor, on behalf of CBP, handles Sensitive PII data, stores and transmits, the contractor will Accredit (ATO) this information system to the (HHM) FIPS level.
10.6.2 ISO Requirements
ISO Terms and Conditions for Sensitive but Unclassified Requests
DHS Security Policy Requirement The following terms and conditions should be included in all acquisition documents.
All hardware, software, and services provided under this task order must be compliant with DHS 4300A DHS Sensitive System Policy and the DHS 4300A Sensitive Systems Handbook.
Encryption Compliance Requirement The following terms and conditions should be included in all acquisition documents.
1. FIPS 197 (Advanced Encryption Standard (AES)) 256 algorithm and cryptographic modules that have been validated under FIPS 140-2.
2. National Security Agency (NSA) Type 2 or Type 1 encryption.
3. Public Key Infrastructure (PKI) (see paragraph 5.5.2.1 of the Department of
Homeland Security (DHS) IT Security Program Handbook (DHS Management Directive (MD) 4300A) for Sensitive Systems).
Security Review Requirement The following requirements should be included in all acquisition documents.
Security Review The Government may elect to conduct periodic reviews to ensure that the security requirements contained in this contract are being implemented and enforced. The Contractor shall afford DHS, including the organization of the DHS Office of the Chief Information Officer, the Office of the Inspector General, authorized Contracting Officer’s Technical Representative (COTR), and other government oversight organizations, access to the Contractor’s facilities, installations, operations, documentation, databases and personnel used in the performance of this contract.
The Contractor will contact the DHS Chief Information Security Officer to coordinate and participate in the review and inspection activity of government oversight organizations external to the DHS. Access shall be provided to the extent necessary for the government to carry out a program of inspection, investigation, and audit to safeguard against threats and hazards to the integrity, availability and confidentiality of DHS data or the function of computer systems operated on behalf of DHS, and to preserve evidence of computer crime.
Supply Chain Risk Management Requirement Supply Chain risks result from adversarial exploitation of the organizations, people, activities, information, resources, or facilities that provide hardware, software, or services. These risks can result in a loss of confidentiality, integrity, or availability of information or information systems.
A compromise to even minor system components can lead to adverse impacts to organizational operations (including mission, functions, image, or reputation), organizational assets, individuals, other organizations, and the Nation.
Authorities:
Comprehensive National Cybersecurity Initiative (CNCI) Initiative 11, Develop Multi-
Pronged Approach for Global Supply Chain Risk Management
Department of Homeland Security, Security Policy for Sensitive Systems 4300A
Homeland Security Presidential Directive 23, Cyber Security and Monitoring, 8 January
Office of Budget and Management Circulation A-130, Appendix III
•National Institute of Standards and Technology, Special Publication 800-53, Revision 4, Security and Privacy Controls for Federal Information Systems and Organizations, April 2013
Supply Chain Risk Management The following requirements should be included in all hardware and software requests to ensure the confidentiality, integrity, and availability of government information.
The Contractors supplying the Government hardware and software shall provide the manufacture’s name, address, state and/or domain of registration, and the Data Universal Numbering System (DUNS) number for all components comprising the hardware and software.
If subcontractors or subcomponents are used, the name, address, state and/or domain of registration and DUNs number of those suppliers must also be provided.
Subcontractors are subject to the same general requirements and standards as prime contractors. Contractors employing subcontractors shall perform due diligence to ensure that these standards are met.
The Government shall be notified when a new contractor/subcontractor/service provider is introduced to the supply chain, or when suppliers of parts or subcomponents are changed.
Contractors shall provide, implement, and maintain a Supply Chain Risk Management Plan that addresses internal and external practices and controls employed to minimize the risk posed by counterfeits and vulnerabilities in systems, components, and software.
The Plan shall describe the processes and procedures that will be followed to ensure appropriate supply chain protection of information system resources developed, processed, or used under this contract.
The Supply Chain Risk Management Plan shall address the following elements:
1. How risks from the supply chain will be identified,
2. What processes and security measures will be adopted to manage these risks to the system or system components, and
3. How the risks and associated security measures will be updated and monitored.
The Supply Chain Risk Management Plan shall remain current through the life of the contract or period of performance. The Supply Chain Risk Management Plan shall be provided to the Contracting Officer Technical Representative (COTR) 30 days post award.
The Contractor acknowledges the Government's requirement to assess the Contractors Supply Chain Risk posture. The Contractor understands and agrees that the Government retains the right to cancel or terminate the contract, if the Government determines that continuing the contract presents an unacceptable risk to national security.
The Contractor shall disclose, and the Government will consider, relevant industry standards certifications, recognitions and awards, and acknowledgments.
The Contractor shall provide only new equipment unless otherwise expressly approved, in writing, by the Contracting Officer (CO). Contractors shall only provide Original Equipment Manufacturers (OEM) parts to the Government. In the event that a shipped OEM part fails, all replacement parts must be OEM parts.
The Contractor shall be excused from using new OEM (i.e. “grey market,” previously used) components only with formal Government approval. Such components shall be procured from their original genuine source and have the components shipped only from manufacturers authorized shipment points.
For software products, the contractor shall provide all OEM software updates to correct defects for the life of the product (i.e. until the “end of life.”). Software updates and patches must be made available to the government for all products procured under this contract.
Contractors shall employ formal and accountable transit, storage, and delivery procedures (i.e., the possession of the component is documented at all times from initial shipping point to final destination, and every transfer of the component from one custodian to another is fully documented and accountable) for all shipments to fulfill contract obligations with the Government.
All records pertaining to the transit, storage, and delivery will be maintained and available for inspection for the lessor of the term of the contract, the period of performance, or one calendar year from the date the activity occurred.
These records must be readily available for inspection by any agent designated by the US Government as having the authority to examine them.
This transit process shall minimize the number of times en route components undergo a change of custody and make use tamper-proof or tamper-evident packaging for all shipments. The supplier, at the Government’s request, shall be able to provide shipping status at any time during transit.
The Contractor is fully liable for all damage, deterioration, or losses incurred during shipment and handling, unless the damage, deterioration, or loss is due to the Government. The Contractor shall provide a packing slip which shall accompany each container or package with the information identifying the contract number, the order number, a description of the hardware/software enclosed (Manufacturer name, model number, serial number), and the customer point of contact. The contractor shall send a shipping notification to the intended government recipient or contracting officer. This shipping notification shall be sent electronically and will state the contract number, the order number, a description of the hardware/software being shipped (manufacturer name, model number, serial number), initial shipper, shipping date and identifying (tracking) number.
10.6.3 OAST / Section 508 Requirement
Accessibility Requirements (Section 508) Section 508 of the Rehabilitation Act, as amended by the Workforce Investment Act of 1998 (P.L. 105-220) requires that when Federal agencies develop, procure, maintain, or use electronic and information technology (EIT), they must ensure that it is accessible to people with disabilities. Federal employees and members of the public who have disabilities must have equal access to and use of information and data that is comparable to that enjoyed by non-disabled Federal employees and members of the public.
All EIT deliverables within this work statement shall comply with the applicable technical and functional performance criteria of Section 508 unless exempt.
Section 508 Applicable Exceptions DHS Office of Accessible Systems and Technology has reviewed this acquisition request and has determined that a National Security Exception for the purposes of Section 508 applies and is thereby authorized. National Security Exception # CBP-20150217-001 has been attached and included in the contract file.
ADDENDUM A-CURRENT LIGHTING
ADDENDUM B-SITE CONFIGURATION
Product Number Product Description Quantity Unit Price Total
1 Obstruction Lighting with Monitoring-Tower 1 1
2 Obstruction Lighting with Monitoring-Tower 2 1
3 Installation 2
Grand Total Proposed
Pricing Sheet
Ship To: 1900 Lakemont Ave. Orlando, FL 32803
Period of Performance / Delivery Date: 12 months from DOA
Date: 5/25/2018
Purchase Requisition #: 2010-2485
Project: COTHEN Engineering Projects-Tower Lighting
Technical POC: Joe Guitard
Product Number Product Description Quantity 1 Obstruction Lighting with Monitoring-Tower 1 1 2 Obstruction Lighting with Monitoring-Tower 2 1 3 Installation 2
Ship To: 1900 Lakemont Ave. Orlando, FL 32803 Period of Performance / Delivery Date: 12 months from DOA
Bill of Materials (BOM) Date: 5/25/2018 Purchase Requisition #: 2010-2485 Project: COTHEN Engineering Projects-Tower Lighting Technical POC: Joe Guitard
70B04C18Q00000161
SECTION I SCHEDULES
I.1 SCHEDULE OF SUPPLIES/SERVICES
ITEM # DESCRIPTION QTY UNIT UNIT PRICE EXT. PRICE
10 COTHEN Engineering Prjt-Tower Lighting-
O
1.000 EA
20 COTHEN Engineering Prjt-Tower Lighting- A
1.000 EA
Total Funded Value of Award:
I.2 DELIVERY SCHEDULE
DELIVER TO: ITEM # QTY DELIVERY DATE
Customs and Border Protection 1900 Lakemont Ave Bldg 325 Orlando, FL 32803
10 1.000 08/01/2018
20 1.000 08/01/2018
SECTION II CONTRACT CLAUSES
II.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
www.acquisition.gov
I. FEDERAL ACQUISITION REGULATION (48 CHAPTER 1) CLAUSES
NUMBER TITLE
II.2 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016)
II.3 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)
II.4 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (JAN 2017)
II.5 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)
II.6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE
ORDERS - COMMERCIAL ITEMS (JUL 2018)
(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 items:
(1) 52.203–19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section
743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113–235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions))
(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky
Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115–91).
(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)
(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108–77 and 108–78 (19 U.S.C.
3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate]
[] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41
U.S.C. 4704 and 10 U.S.C. 2402).
[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).
[] (3) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN 2010)
(Section 1553 of Pub. L. 111-5). Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
[] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016) (Pub. L. 109-282)
(31 U.S.C. 6101 note).
[] (5) [Reserved].
[] (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).
[] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-
117, section 743 of Div. C).
[] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or
Proposed for Debarment (OCT 2015) (31 U.S.C. 6101 note).
[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013) (41 U.S.C.
2313)
[] (10) [Reserved].
[] (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).
[] (ii) Alternate I (Nov 2011) of 52.219-3.
[] (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[] (ii) Alternate I (JAN 2011) of 52.219-4.
[] (13) [Reserved]
[] (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).
[] (ii) Alternate I (NOV 2011).
[] (iii) Alternate II (NOV 2011).
[] (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003) (15 U.S.C. 644).
[] (ii) Alternate I (OCT 1995) of 52.219-7.
[] (iii) Alternate II (MAR 2004) of 52.219-7.
[] (16) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)).
[] (17) (i) 52.219-9, Small Business Subcontracting Plan (JAN 2017) (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 (JAN 2017) of 52.219-9.
[] (v) Alternate IV (JAN 2017) of 52.219-9.
[] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).
[] (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).
[] (20) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).
[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).
[] (22) 52.219-28, Post Award Small Business Program Rerepresentation (JUL 2013) (15 U.S.C. 632(a)(2)).
[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned
Small Business Concerns (DEC 2015) (15 U.S.C. 637(m)).
[] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) (15 U.S.C. 637(m)).
[] (25) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).
[] (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2018) (E.O. 13126).
[] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
[] (28) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).
[] (29) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).
[] (30) 52.222-36, Affirmative Action for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).
[] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).
[ ] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).
[] (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (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).
[] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
[] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products 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.)
[] (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).
[] (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693)
[] (38) (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.
[] (39) (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.
[] (40) 52.223-15, Energy Efficiency in Energy--Consuming Products (DEC 2007) (42 U.S.C. 8259b).
[] (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and
13514).
[] (ii) Alternate I (JUN 2014) of 52.223-16.
[X] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011).
[] (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).
[] (44) 52.223-21, Foams (JUN 2016) (E.O. 13693).
[] (45) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
[] (ii) Alternate I (JAN 2017) of 52.224-3.
[] (46) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).
[] (47)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19
U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103–182, 108–77, 108– 78, 108–286, 108–302, 109–53, 109–169, 109–283, 110–138, 112–41, 112–42, and 112–43.
[] (ii) Alternate I (MAY 2014) of 52.225-3.
[] (iii) Alternate II (MAY 2014) of 52.225-3.
[] (iv) Alternate III (MAY 2014) of 52.225-3.
[] (48) 52.225-5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
[] (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
[] (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section
862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
[] (51) 52.226-4, Notice of Disaster or Emergency Area set-Aside (NOV 2007)
[] (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007)
[] (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C.
2307(f)).
[] (54) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
[] (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (JUL 2013) (31 U.S.C.
3332).
[] (56) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (JUL 2013) (31
U.S.C. 3332).
[] (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
[] (58) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
[] (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).
[] (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx.
1241(b) and 10 U.S.C. 2631).
[] (ii) Alternate I (APR 2003) 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 items:
[Contracting Officer check as appropriate.]
[] (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).
[] (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).
[] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter
67).
[] (4) 52.222–43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[] (5) 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).
[] (6) 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).
[] (7) 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).
[ ] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (Executive Order 13658)
[] (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706)
[] (10) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).
[] (11) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).
(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, 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 paragraphs (e)(1) in a subcontract for commercial items. 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 (OCT 2015) (41 U.S.C. 3509).
(ii) 52.203–19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)
(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub.
L. 113–235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by
Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115–91).
(iv) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities.
(v) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222–17.
(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015)
(vii) Equal Opportunity (SEP 2016) (E.O. 11246).
(viii) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).
(ix) 52.222-36, Affirmative Action for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212)
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).
Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).
(xiii) [] (A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).
[] (B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xiv) 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).
(xv) 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).
(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (Executive Order 13658).
(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xix) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section
862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx
1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
II.7 3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS ACQUISITION OF COMMERCIAL
ITEMS (SEP 2012)
The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:
[The Contracting Officer should either check the provisions and clauses that apply or delete the provisions and clauses that do not apply from the list. The Contracting Officer may add the date of the provision or clause if desired for clarity.]
(a) Provisions.
[] 3052.209-72 Organizational Conflicts of Interest.
[] 3052.216-70 Evaluation of Offers Subject to An Economic Price Adjustment Clause.
[] 3052.219-72 Evaluation of Prime Contractor Participation in the DHS Mentor Protégé Program.
(b) Clauses.
[] 3052.203-70 Instructions for Contractor Disclosure of Violations.
[] 3052.204-70 Security Requirements for Unclassified Information Technology Resources.
[] 3052.204-71 Contractor Employee Access.
[] Alternate I
[] 3052.205-70 Advertisement, Publicizing Awards, and Releases.
[] 3052.209-73 Limitation on Future Contracting.
[] 3052.215-70 Key Personnel or Facilities.
[] 3052.216-71 Determination of Award Fee.
[] 3052.216-72 Performance Evaluation Plan.
[] 3052.216-73 Distribution of Award Fee.
[X] 3052.219-70 Small Business Subcontracting Plan Reporting.
[] 3052.219-71 DHS Mentor Protégé Program.
[] 3052.228-70 Insurance.
[] 3052.236-70 Special Provisions for Work at Operating Airports.
[] 3052.242-72 Contracting Officer’s Technical Representative.
[] 3052.247-70 F.o.B. Origin Information.
[] Alternate I
[] Alternate II
[] 3052.247-71 F.o.B. Origin Only.
[] 3052.247-72 F.o.B. Destination Only.
II.8 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL
CONFIDENTIALITY AGREEMENTS - (JUL 2016) (DEVIATION)
(a) The Contractor shall not require its employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the execution of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).
(b) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any internal confidentiality agreements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.
(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312 (Classified
Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
(d) In accordance with Section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015, (Pub. L. 113-235) use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.
(e) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.
(f) The Government may seek any available remedies in the…
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