RFQ 11578584-00002.pdf

Ver. January 2021

Notice type: Combo Synopsis Response date: 03 September, 2021

PSC Code: R604

NAICS: 561431

Solicitation #: 11578584‐00001 Place of Performance: Oregon National Guard Armories throughout the State of Oregon

Full and open Competition

Contracting Office Address:

The United States Property and Fiscal Office, ATTN: USPFO‐P, 1776 Militia Way/PO Box 14350, Salem, Oregon 97309‐5047

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.603, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; Quotes are being requested and a written solicitation will not be issued. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021‐06.

The solicitation is 11578584 and is issued as a Request for Quote (RFQ). Request for Quotes are due by September 3, 2021 at 11 AM PST. The RFQ will result in a firm fixed price purchase order.

The National American Industry Classification System (NAICS) code for this acquisition is 561431. The Small business Size Standard is $16,500,000.00. The United States Property and Fiscal Office of the Oregon Army National Guard is soliciting quotes to procure the following services:

Specifications, Requirements and Address

The contractor shall perform the services of an Online Postage System and supporting tasks in accordance with the Performance Requirements listed in the Statement of Work.

Location: USPFO‐Oregon, Army National Guard, PO Box 14350, Salem, OR 97309

Period of Performance: 30 September 2021 to 29 September 2022 of base year.

CLIN 0001 Base year for Postage Automation Services

Period of Performance: 30 September 2021 to 29 September 2022.

CLIN 0001 TOTAL____________________________________________

CLIN 0100 Option year 1

Period of Performance: 30 September 2022 to 29 September 2023.

CLIN 0100 TOTAL____________________________________________

CLIN 0200 Option year 2

Period of Performance: 30 September 2023 to 29 September 2024.

CLIN 0200 TOTAL____________________________________________

CLIN 0300 Option year 3

Period of Performance: 30 September 2024 to 29 September 2025.

CLIN 0300 TOTAL____________________________________________

CLIN 0400 Option year 4

Period of Performance: 30 September 2025 to 29 September 2026.

CLIN 0400 TOTAL____________________________________________

QUOTE TOTAL (CLIN 0001‐0400) $ _____________________________

Requirements for your quote: Please submit a quote on your company letterhead showing a price per purchase order line item (CLIN) identified and the total price at the bottom. Include the following information on your quote:

Cage code, Tax ID number, company name, phone number, contact, and email. Please send your 889 certification with the quote by filling out 52.204‐24 and 52.204‐26 and submitting them separately from your quote. The award will only be made to an offeror that is all‐inclusive of the requirements on this solicitation.

Evaluation Criteria: See clause FAR 52.212‐2, below, for evaluation of quotes for award.

SAM vendor registration is required. Please visit www.beta.sam . Step‐by‐step information on how to register is detailed on the website. Lack of registration in the SAM database will make an offeror ineligible for award. Offerors must be actively registered on the Systems for Award Management database (SAM). Information concerning SAM requirements may be viewed via the Internet at https://www.sam.gov/portal/public/SAM/ or by calling the SAM Registration Center at 866‐606‐8220. Only contractors who are registered in the Systems for Award Management (SAM) can be awarded a contract. Offerors must have electronic funds transfer (EFT) capability. Offerors’ quotes shall be valid for a minimum of 30 days to be acknowledged in the offerors’ quote. Contractors must be actively registered with Wide Area Work Flow (WAWF) at http://wawf.eb.mil. Clauses may be accessed electronically in full text through http://acquisition.gov.

This announcement is the solicitation which will result in a firm fixed‐price purchase order. Offerors can submit their quote any time before the due date to the Point of Contact:

Joshua D. Fellwock Contract Specialist, USPFO for Oregon P&C Email: joshua.d.fellwock.civ@mail.mil Phone: 971‐355‐3775

PERFORMANCE WORK STATEMENT (PWS) FOR

CLOUD BASED POSTAL SERVICES

1.0 General: This statement is to identify the work requirements for a postal solution for Oregon National Guard Armories in order to meet administrative requirements for mail management as outlined by the General Service Administration and DoDi 4525.08.

1.1 Scope: The contractor shall provide all personnel, equipment, tools, materials, supervision, and quality control necessary, to provide a cloud based postage system for use by the Oregon National Guard, as defined in this PWS.

1.1.1 Reserved

1.2 Background: The Department of Defense has mandated the establishment of an official Mail Program. The purpose of the mail system is cost effective use of tax payers money, promoted through proper and efficient processing and use of internal mail, the United States Postal Service (USPS), other carriers, international mail, and the mail services of other countries. This includes appropriate control mechanisms used to make sure DoD official mail funds and USPS funds remain separate, distinct, and controlled by appropriately authorized personnel.

1.3 Period of Performance (PoP): The Period of Performance shall be one (1) Base Year and four (4) option years.

1.4 General Information:

1.4.1 Place and Performance of Services: During Pacific Standard Time (PST) business hours, 8:00 a.m.

to 4:00 p.m., the contractor shall provide technical support services except on recognized US holidays. The contractor shall at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this PWS.

1.4.1.1 Telework: Reserved

1.4.1.2 Reserved

1.4.1.3 Reserved

1.4.2 Recognized Holidays: The following are recognized United States (US) holidays. The contractor shall not perform services on these days:

1.4.3.1 New Year’s Day: January 1st

1.4.3.2 Martin Luther King, Jr.’s Birthday

1.4.3.3 President’s Day

1.4.3.4 Memorial Day

1.4.3.5 Juneteenth June 19th

1.4.3.6 Independence Day: July 4th

1.4.3.7 Labor Day

1.4.3.8 Columbus Day

1.4.3.9 Veteran’s Day: November 11th

1.4.3.10 Thanksgiving Day

1.4.3.11 Christmas Day: December 25th

1.4.3 Quality Control (QC): The contractor shall develop and maintain an effective QC Plan (QCP) to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non‐recurrence of defective services. The contractor’s QCP is the means by which it assures itself that its work complies with the requirements of the contract. As a minimum, the contractor shall develop QC procedures that address the areas identified in Technical Exhibit 1, Performance Requirements Summary (PRS).

1.4.4 Quality Assurance (QA): The Government will evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government will do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and acceptable quality level(s) or defect rate(s).

1.4.5 Installation Access and Security Requirements. The contractor shall comply with all applicable installation/facility access and local security policies and procedures, which may be obtained from the COR. The contractor and all associated subcontractor employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services, or Security Office. The contractor shall ensure compliance with all personal identity verification requirements as directed by Department of Defense (DoD), Headquarters Department of Army (HQDA) and/or local policy (see PWS 6.0). Should the Force Protection Condition (FPCON) change, the Government may require changes in contractor security matters or processes.

1.4.5.1 Reserved

1.4.5.1.1 Reserved

1.4.5.1.2 Reserved

1.4.5.1.3 Reserved

1.4.5.1.4 Reserved

1.4.5.1.5 Reserved

1.4.5.1.5.1 Reserved

1.4.5.1.6 Reserved

1.4.5.2 For contractors that do not require a CAC, but require access to a DoD facility or installation:

Contractor and all associated sub‐contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification (NCIC‐III) and Terrorist Screening Database (TSDB) (Army Directive 2014‐05), and applicable installation, facility and area commander installation/facility access, and local security policies and procedures (provided by a Government representative).

1.4.5.3 Awareness Training (AT) Level 1: All contractor employees, including subcontractor employees, requiring access to Army installations, facilities, and controlled access areas shall complete AT Level 1 training within 10 calendar days after contract start date and within 10 calendar days of new employees commencing performance. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee to the COR within 10 calendar days after completion of training by each employee or subcontractor personnel. AT Level 1 awareness training is available at the following website: https://jko.jten.mil/courses/atl1/launch.html.

1.4.5.4 The contractor and all associated sub‐contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within calendar days of contract award and within calendar days of new employees commencing performance with the results reported to the COR NLT calendar days after contract award.

1.4.5.5 Communications Security/Information Technology (COMSEC/IT) Security. All communications with DoD organizations are subject to COMSEC review. All telephone communications networks are continually subject to intercept by unfriendly intelligence organizations. DoD has authorized the military departments to conduct COMSEC monitoring and recording of telephone calls originating from, or terminating at, DoD organizations.

Therefore, the contractor is advised that any time contractor personnel place or receive a call they are subject to COMSEC procedures. The contractor shall ensure wide and frequent dissemination of the above information to all employees dealing with DoD information. The contractor shall abide by all Government regulations concerning the authorized use of the Government's computer network, including the restriction against using the network to recruit Government personnel or advertise job openings.

1.4.5.6 Reserved

1.4.5.7 Reserved

1.4.5.8 Reserved

1.4.5.9 Reserved

1.4.5.10 Reserved

1.4.5.11 OPSEC Training: In accordance with AR 530‐1, Operations Security, new contractor employees shall complete Level I OPSEC training within 10 calendar days of their reporting for duty and annually thereafter. The contractor shall submit certificates of completion for each contractor employee to the COR within 10calendar days after completion of training. Level 1 OPSEC training is available at https://securityawareness.usalearning.gov/opsec/index.htm.

1.4.5.12 Reserved

1.4.5.13 Reserved

1.4.5.14 Reserved

1.4.6 Physical Security. The contractor shall safeguard all Government property provided for contractor use. At the close of each work period, Government facilities, equipment and materials shall be secured.

1.4.6.1 Reserved

1.4.6.1.1 Reserved

1.4.6.1.2 Reserved

1.4.6.1.3 Reserved

1.4.6.2 Reserved

1.4.7 Reserved

1.4.9 Contract Manager (CM): The contactor shall designate a CM who shall ensure performance under this contract. The name of this person, and an alternate who shall act for the contractor when the CM is absent, shall be designated in writing to the KO. The CM or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The CM shall work through the COR, to resolve issues, receive technical instructions, and ensure adequate performance of services. The CM shall ensure that contractor employees do not perform any services outside the scope of the contract without an official modification issued by the KO. The CM shall ensure contractor employees understand that services performed outside the scope of the contract are performed wholly at the expense of the contractor.

1.4.10 Reserved

1.4.10.1 Reserved

1.4.11. Combating Trafficking in Persons: The United States Government has adopted a zero tolerance policy regarding trafficking in persons. Contractors and contractor employees shall not engage in severe forms of trafficking in persons during the period of performance of the contract; procure commercial sex acts during the period of performance of the contract; or use forced labor in the performance of the contract. The Contractor shall notify its employees of the United States Government’s zero tolerance policy, the actions that will be taken against employees for violations of this policy. The contractor shall take appropriate action, up to and including termination, against employees or subcontractors that violate the US Government policy as described at FAR 22.17.

1.4.12 Reserved

1.4.13 Reserved

1.4.14 Reserved

1.4.15 Reserved

2.0 Definitions and Acronyms:

2.1 Definitions:

2.1.1 Contractor: A supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

2.1.2 Defective Service: A service output that does not meet the standard of performance associated with the PWS.

2.1.3 Deliverable: Anything that can be physically delivered and includes non‐manufactured things such as meeting minutes or reports.

2.1.4 Key Personnel: Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.5 Physical Security: Actions that prevent the loss or damage of Government property.

2.1.6 Quality Assurance: The Government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.7 Quality Assurance Surveillance Plan (QASP): An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.8 Quality Control: All necessary measures taken by the Contractor to ensure that the quality of an end product or service shall meet contract requirements.

2.1.9 Subcontractor: One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.2 Acronyms:

AEI Army Enterprise Infostructure AR Army Regulation AT/OPSEC Antiterrorism/Operational Security BI Background Investigation

CM Contract Manager COR Contracting Officer Representative DA Department of the Army DD254 Department of Defense Contract Security Classification Specification DFARS Defense Federal Acquisition Regulation Supplement

DoD Department of Defense FAR Federal Acquisition Regulation GFP/M/E/S Government Furnished Property/Material/Equipment/Services HQDA Headquarters, Department of the Army

HSPD Homeland Security Presidential Directive

IA Information Assurance IS Information System(s) KO Contracting Officer NGB National Guard Bureau OCI Organizational Conflict of Interest PII Personally Identifiable Information PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program SCR Service Contract Reporting SSN Social Security Number TE Technical Exhibit USD(I) Under Secretary of Defense for Intelligence

3.0 Reserved

3.1 Reserved

3.2 Reserved

3.3 Reserved

3.4 Reserved

3.5 Reserved

4.0 Reserved

4.1 General: Except for those items specifically stated to be Government‐Furnished in Paragraph 3.0, the contractor shall furnish everything required to perform these services as indicated in Paragraph 1.1.

4.2 Reserved

4.3 Reserved

5.0 Requirements: The contractor shall provide a cloud based postage system with the ability to administer and manage over a geographically dislocated area. System will allow NGOR‐IMS‐ ASB Official Mail Manager to see usage and authorize postage costs and minimize wasteful spending.

System will standardize costs of shipping and shipping processes across all facilities. Cloud based solution will be accessible at all locations and available for use at all sites.

5.1 System Performance Requirements.

5.1.1 Cloud‐based only shipping and mailing solution for 100+ users at 50+ sites.

5.1.2 Site addresses will be pre‐loaded into solution and perfected within USPS standards.

5.1.3 Total software solution that displays the lowest available rates to use based upon the organization’s administrative security policies and organization standard operating procedures. Capable of comparing and calculating postage for letters, flats, and USPS parcels shipping prices.

5.1.4 Ability to print to thermal shipping label printers and/or postage with standard laser printers.

5.1.5 Ship packages within a set of administrator customizable policies and limits at all locations/accounts.

5.1.6 Three user logons per site are required in addition to no more than 5 program administrator accounts

5.1.7 The administrative policies need to allow for setting max number of items and maximum cost amount of each package shipped. Locations that need to exceed the policy limits need to be able to send request to administrators in a timely fashion in order to request an exception to policies.

5.1.8 Consolidated recipient address repository for all items shipped that is accessible to all users, and the ability to perfect and print address labels that qualify for USPS discounts for presorting and commercial based pricing schemes.

5.1.9 Vendor will ensure that software is capable of functioning within at least the last two major revisions of the latest Internet Explorer, Firefox, and Chrome internet browsers currently in the market place.

5.1.10 Vendor will ensure that software is capable of functioning within at least the last two major revisions of the latest Internet Explorer, Firefox, and Chrome internet browsers currently in the market place.

5.1.11 Vendor will incorporate technical support during Pacific Standard Time (PST) business hours into the program if not a typical inclusion to the offered services. Response times for technical assistance should be no more than 15 minutes from placing a call.

5.2 Equipment. Equipment quantity of 55 USB attached scales that are IMI‐PC compliant, at a minimum of 15 pound capacity, is required to be included in the service costs per year.

5.3 Account Funding.

5.3.1 All USPS postage should be drawn from a centrally funded account separate of any other general program, maintenance, and misc. fees. Funding of the account will take place via EFT, using the organization’s DUNS and CAGE codes.

5.3.2 Volume of funds per location will be managed by administrator logons and limited to by approval only.

5.3.3 Awarded contract program will enable the organization to budget funds by user account per meter.

5.4 User Training.

5.4.1 Vendor will provide initial in‐person training for no greater than 5 program administrators on how to operate the user interface software, possible equipment if selected as a contract option, and administering program policies. This training will be at a single site with all administrators in attendance.

5.4.2 Training for administrators will be held at Oregon Military Department in Salem, Oregon

5.4.3 Training will be a train the trainer for end user support at outlying locations.

5.4.4 Vendor will provide initial web based user training for all site users and make training program available for new users at any point for no additional cost.

5.4.5 Initial administrator training will take place no less than 30 days prior to fielding the program to site users.

5.4.6 Training services will be provided no less that once per year and up to two times per year per user account dependent on personnel rotations and/or changes in duty responsibilities.

6.0 Applicable Publications: Publications applicable to this PWS are listed below:

Publication (Chapter/Page)

Date of Publication

Mandatory or Advisory

Website

Federal Acquisition Regulation https://www.acquisition.gov/?q=browsefar

Defense Federal Acquisition Regulation Supplement http://www.acq.osd.mil/dpap/dars/dfarspgi/curren t/ind ex.html or https://www.acquisition.gov/dfars

Joint Travel Regulation (JTR) https://www.defensetravel.dod.mil/site/travelreg.c fm

DoDM 1000.13‐M‐V1 DoD Identification (ID) Cards (Enclosure 2, paragraph 3.b)

01/23/2014 (Change 1:

07/28/2020) http://www.esd.whs.mil/Directives/issuances/dod m

Federal Information Processing Standards (FIPS) Publication 201‐ 2 Personal Identity Verification (PIV) of Federal Employees and Contractors

(paragraph 9)

August http://nvlpubs.nist.gov/nistpubs/FIPS/NIST.FIPS.

201‐ 2.pdf

DoDM 5200.2 Procedures for the DoD Personnel Security Program (PSP)

04/03/2017 https://www.esd.whs.mil/Directives/issuances/dod m/

DoDI 5200.46 DoD Investigative and Adjudicative Guidance for Issuing the Common Access Card (CAC)

09/09/14 (Change 1:

05/04/201 8) https://www.esd.whs.mil/Directives/issuances/dodi

Homeland Security Presidential Directive (HSPD)‐12 Policy for a Common Identification Standard for Federal Employees and

Contractors

08/27/2004 https://www.dhs.gov/homeland‐security‐ presidential‐ directive‐12

DoDI 5400.11 Department of Defense Privacy and Civil Liberties Programs

01/29/2019 https://www.esd.whs.mil/Directives/issuances/dodi

DoD 5400.11‐R Department of Defense Privacy Program

05/14/2007 https://www.esd.whs.mil/Directives/issuances/dod m/

DoDD 8140.01 Cyberspace Workforce Management

10/05/2020 https://www.esd.whs.mil/Directives/issuances/dod d/

DoD 8570.01‐M Information Assurance Workforce Improvement Program

12/19/2005 (Change 4:

11/10/2015) https://www.esd.whs.mil/Directives/issuances/dod m/

DoD 5220.22‐M National Industrial Security Program Operating Manual (NISPOM)

02/28/2006 (Change 2:

05/18/2016) https://www.esd.whs.mil/Directives/issuances/dod m/

Army Directive 2014‐05 Policy and Implementation Procedures for Common Access Card Credentialing and Installation Access for Uncleared Contractors

03/07/2014 https://armypubs.army.mil/ProductMaps/PubForm/ Arm yDir.aspx

AR 25‐2

Information Assurance

04/04/2019 http://armypubs.army.mil/ProductMaps/PubForm/ AR.as px

AR 530‐1

Operations Security

09/26/2014 http://armypubs.army.mil/ProductMaps/PubForm/ AR.as px

AR 525‐13

Antiterrorism

12/09/2019 http://armypubs.army.mil/ProductMaps/PubForm/ AR.as px

AR 381‐12

Threat Awareness and Reporting Program (TARP)

06/01/2016 http://armypubs.army.mil/ProductMaps/PubForm/A R.as px

(Section II, ¶ 2‐4.b)

AFI 10‐245

Antiterrorism

03/28/2013 (Certified current 03/30/2017 https://www.e‐publishing.af.mil/Product‐ Index/#/?view=pubs&orgID=10141&catID=1&ser ies=‐ 1&modID=449&tabID=131

AFI 31‐101

Security Forces Standards and Procedures

08/18/2020 https://www.e‐publishing.af.mil/Product‐ Index/#/?view=pubs&orgID=10141&catID=1&ser ies=‐

1&modID=449&tabID=131

AFMAN 31‐113

Security Forces Standards and Procedures

03/05/2013 Change 1:

12/02/2015 https://www.e‐publishing.af.mil/Product‐ Index/#/?view=pubs&orgID=10141&catID=1&ser ies=‐

1&modID=449&tabID=131

AFPD 17‐1

Information Dominance Governance and Management

04/12/2016 https://www.e‐publishing.af.mil/Product‐ Index/#/?view=pubs&orgID=10141&catID=1&ser ies=‐

1&modID=449&tabID=131

AFMAN 17‐1301

Computer Security (COMPUSEC)

02/12/2020 https://www.e‐publishing.af.mil/Product‐ Index/#/?view=pubs&orgID=10141&catID=1&ser ies=‐

1&modID=449&tabID=131

AFI 10‐701

Operations Security

7/24/2019 (Change 1:

06/09/2020) https://www.e‐publishing.af.mil/Product‐ Index/#/?view=pubs&orgID=10141&catID=1&ser ies=‐

1&modID=449&tabID=131

6.1 Applicable Forms: Forms applicable to the PWS are listed below:

Form Date Website

DD 1172‐2

Application for Identification Card/DEERS Enrollment

Mar 2017 http://www.dtic.mil/whs/directives/forms/index.htm

I‐9 Employment Eligibility Verification

10/21/2019 https://www.uscis.gov/sites/default/files/files/form/i‐ 9.pdf

DD 441

Department of Defense Security

Feb 2020 http://www.dtic.mil/whs/directives/forms/dd/ddforms0001 ‐ 0499.htm

Agreement

DD 250

Material Inspection and Receiving Report

Aug 2000 https://www.esd.whs.mil/Directives/forms/dd0001_0 499/

TECHNICAL EXHIBIT 1

Performance Requirements Summary (PRS)

This PRS includes performance objectives the Government will use to determine contractor performance and will compare contractor performance to the Acceptable Quality Level (AQL).

Performance Standards

Acceptable Quality Levels Surveillance Results/Ratings

1. Accuracy of postage labels resulting in successfully shipped parcels.

Target Criteria:

100% of all packages and letters shipped with accuracy postage labels

Minimum Acceptable:

No more than 2 parcels returned to the units per month requiring a new label for a faulty priced shipping label

Measurement Interval The Measurement Interval is three (3) months for the first year and then every six (6) months thereafter.

Source of Data Data will be collected from management surveys containing satisfaction criteria.

Method of Surveillance Customer feedback.

Timing of Measurement Measurements are taken within five (5) days of the end of the Measurement Period.

Reporting Frequency: ‐ Reporting to commence upon Contract Award and continue throughout the period of Performance.

Ratings below will be assigned based on meeting, exceeding, or missing the performance standards using the below ratings.

(Exceptional Very Good Satisfactory Marginal Unsatisfactory)

A rollup of the Surveillance Inspection results will be used to develop an overall rating. Rating will be based solely on this PRS and these performance measurements

2. Down time for system use

Minimal Acceptable:

No more than 48 hours of inaccessibility for system use in a single month.

3. Service Support/ technical support

Minimal Acceptable:

Service calls responded to within 15 minutes during service hours.

All issues will be addressed within a 24 hour period.

4. Customer Satisfaction

Customer surveys will be conducted for satisfaction with service and to obtain data on the performance standards in this

PRS.

Target Criteria:

100% satisfaction

Minimum acceptable:

No more than 2 significant complaints within the reporting period in conjunction with the criteria in this PRS

Terms and Conditions

*Clauses and Provisions may be accessed electronically in full text through http://acquisition.gov

FAR 52.203‐18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements FAR 52.203‐19 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements FAR 52.204‐7 System for Award Management Maintenance FAR 52.204‐9 Personal Identity Verification of Contractor Personnel FAR 52.204‐10 Reporting Executive Compensation and First‐Tier Subcontract Awards FAR 52.204‐13 System for Award Management Maintenance FAR 52.204‐16 Commercial and Government Entity Code Reporting FAR 52.204‐17 Ownership of Control of Offeror FAR 52.204‐18 Commercial and Government Entity Code Maintenance FAR 52.204‐19 Incorporation by Reference of Representations and certifications FAR 52.204‐20 Predecessor of Offeror FAR 52.204‐21 Basic Safeguarding of Covered Contractor Information Systems FAR 52.204‐22 Alternative Line Item Proposal FAR 52.204‐23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities FAR 52.204‐25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment FAR 52.209‐2 Prohibition on Contracting with Inverted Domestic Corporations FAR 52.209‐6 Protecting the Government’s Interests when Subcontracting with Contractor’s Debarred, Suspended, or Proposed for Debarment FAR 52.209‐10 Prohibition on Contracting with Inverted Domestic Corporations FAR 52.209‐11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law FAR 52.217‐5 Evaluation of Options FAR 52.219‐4 Notice of Price Evaluation Preference for Hubzone Small Business Concerns FAR 52.219‐28 Post Award Small Business Program Representation FAR 52.222‐3 Convict Labor FAR 52.222‐21, Prohibition of Segregated Facilities.

FAR 52.222‐22 Previous Contracts and compliance Reports FAR 52.222‐26, Equal Opportunity.

FAR 52.222‐36 Affirmative Action for Workers with Disabilities FAR 52.222‐50, Combating Trafficking in Persons.

FAR 52.222‐55 Minimum Wages under Executive Order 13658 FAR 52.222‐62 Paid Sick Leave under Executive Order 13706 FAR 52.223‐18, Encouraging Contractor Policy to Ban Text Messaging While Driving FAR 52.225‐13 Restrictions on Certain Foreign Purchases FAR 52.232‐33 Payment by Electronic Funds Transfer‐System for Award Management FAR 52.232‐39 Unenforceability of Unauthorized Obligations FAR 52.232‐40 Providing Accelerated Payments to Small Business Subcontractors

FAR 52.233‐3 Protest after Award FAR 52.233‐4 Applicable Law for Breach of Contract Claim FAR 52.243‐1 Alt 1 Changes‐Fixed prices FAR 52.246‐4 Inspection of Services—Fixed Price DFARS 252.201‐7000 Contracting Officer’s Representative DFARS 252.203‐7000, Requirements Relating to Compensation of Former DoD Officials

DFARS 252.203‐7002, Requirement to Inform Employees of Whistleblower Rights DFARS 252.203‐7005, Representation Relating to Compensation of Former DoD officials DFARS 252.204‐7003 Control of Government Personnel Work Product DFARS 252.204‐7008 Compliance with Safeguarding Covered Defense Information Controls DFARS 252.204‐7012, Safeguarding Unclassified Controlled Technical Information.

DFARS 252.204‐7015 Disclosure of Information to Litigation Support Contractors DFARS 252.204‐7018 Prohibition on the Acquisition of Covered Defense Telecommunication Equipment or Services DFARS 252.209‐7993, Representation by Corporations Regarding an Unpaid Delinquent Tax DFARS 252.213‐7000 Notice to Prospective Suppliers on use of Supplier Performance Risk System in Past performance Evaluations DFARS 252.225‐7031 Secondary Arab Boycott of Israel DFARS 252.225‐7035 Alt IV Buy American‐ Free trade Agreements‐ Balance of Payments Program Certificate DFARS 252.225‐7036 Alt IV Buy American‐ Free Trade Agreements‐ Balance of Payments Program DFARS 252.225‐7048 Export Controlled Items DFARS 252.232‐7003, Electronic Submission of Payment Requests.

DFARS 252.232‐7010, Levies on Contract Payments DFARS 252.237‐7010, Prohibition on Interrogation of Detainees by Contractor Personnel DFARS 252.239‐7010, Cloud Computing Services DFARS 252.243‐7001 Pricing of contract Modifications DFARS 252.244‐7000 Subcontracts for Commercial Items

52.203‐13 Contractor Code of Business Ethics and Conduct.

As prescribed in 3.1004(a), insert the following clause:

Contractor Code of Business Ethics and Conduct (Jun 2020)

(a) Definitions. As used in this clause—

Agent means any individual, including a director, an officer, an employee, or an independent Contractor, authorized to act on behalf of the organization.

Full cooperation‐

(1) Means disclosure to the Government of the information sufficient for law enforcement to identify the nature and extent of the offense and the individuals responsible for the conduct. It includes providing timely and complete response to Government auditors’ and investigators' request for documents and access to employees with information;

(2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not require‐

(i) A Contractor to waive its attorney‐client privilege or the protections afforded by the attorney work product doctrine; or

(ii) Any officer, director, owner, or employee of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; and

(3) Does not restrict a Contractor from‐

(i) Conducting an internal investigation; or

(ii) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.

Subcontractor means any supplier, distributor, vendor, or firm that furnished supplies or services to or for a prime contractor or another subcontractor.

United States, means the 50 States, the District of Columbia, and outlying areas.

(b) Code of business ethics and conduct. (1) Within 30 days after contract award, unless the Contracting Officer establishes a longer time period, the Contractor shall‐

(i) Have a written code of business ethics and conduct; and

(ii) Make a copy of the code available to each employee engaged in performance of the contract.

(2) The Contractor shall‐

(i) Exercise due diligence to prevent and detect criminal conduct; and

(ii) Otherwise promote an organizational culture that encourages ethical conduct and a commitment to compliance with the law.

(3) (i) The Contractor shall timely disclose, in writing, to the agency Office of the Inspector General (OIG), with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of this contract or any subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed‐

(A) A violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 of the United States Code; or

(B) A violation of the civil False Claims Act (31 U.S.C. 3729‐3733).

(ii) The Government, to the extent permitted by law and regulation, will safeguard and treat information obtained pursuant to the Contractor’s disclosure as confidential where the information has been marked "confidential" or "proprietary" by the company. To the extent permitted by law and regulation, such information will not be released by the Government to the public pursuant to a Freedom of Information Act request, 5 U.S.C. Section 552, without prior notification to the Contractor. The Government may transfer documents provided by the Contractor to any department or agency within the Executive Branch if the information relates to matters within the organization’s jurisdiction.

(iii) If the violation relates to an order against a Governmentwide acquisition contract, a multi‐ agency contract, a multiple‐award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the Contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract.

(c) Business ethics awareness and compliance program and internal control system. This paragraph (c) does not apply if the Contractor has represented itself as a small business concern pursuant to the award of this contract or if this contract is for the acquisition of a commercial item as defined at FAR 2.101. The Contractor shall establish the following within 90 days after contract award, unless the Contracting Officer establishes a longer time period:

(1) An ongoing business ethics awareness and compliance program.

(i) This program shall include reasonable steps to communicate periodically and in a practical manner the Contractor’s standards and procedures and other aspects of the Contractor’s business ethics awareness and compliance program and internal control system, by conducting effective training programs and otherwise disseminating information appropriate to an individual’s respective roles and responsibilities.

(ii) The training conducted under this program shall be provided to the Contractor’s principals and employees, and as appropriate, the Contractor’s agents and subcontractors.

(2) An internal control system.

(i) The Contractor’s internal control system shall—

(A) Establish standards and procedures to facilitate timely discovery of improper conduct in connection with Government contracts; and

(B) Ensure corrective measures are promptly instituted and carried out.

(ii) At a minimum, the Contractor’s internal control system shall provide for the following:

(A) Assignment of responsibility at a sufficiently high level and adequate resources to ensure effectiveness of the business ethics awareness and compliance program and internal control system.

(B) Reasonable efforts not to include an individual as a principal, whom due diligence would have exposed as having engaged in conduct that is in conflict with the Contractor’s code of business ethics and conduct.

(C) Periodic reviews of company business practices, procedures, policies, and internal controls for compliance with the Contractor’s code of business ethics and conduct and the special requirements of Government contracting, including‐

(1) Monitoring and auditing to detect criminal conduct;

(2) Periodic evaluation of the effectiveness of the business ethics awareness and compliance program and internal control system, especially if criminal conduct has been detected; and

(3) Periodic assessment of the risk of criminal conduct, with appropriate steps to design, implement, or modify the business ethics awareness and compliance program and the internal control system as necessary to reduce the risk of criminal conduct identified through this process.

(D) An internal reporting mechanism, such as a hotline, which allows for anonymity or confidentiality, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports.

(E) Disciplinary action for improper conduct or for failing to take reasonable steps to prevent or detect improper conduct.

(F) Timely disclosure, in writing, to the agency OIG, with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of any Government contract performed by the Contractor or a subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed a violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 U.S.C. or a violation of the civil False Claims Act (31 U.S.C. 3729‐3733).

(1) If a violation relates to more than one Government contract, the Contractor may make the disclosure to the agency OIG and Contracting Officer responsible for the largest dollar value contract impacted by the violation.

(2) If the violation relates to an order against a Governmentwide acquisition contract, a multi‐agency contract, a multiple‐award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract, and the respective agencies’ contracting officers.

(3) The disclosure requirement for an individual contract continues until at least 3 years after final payment on the contract.

(4) The Government will safeguard such disclosures in accordance with paragraph (b)(3)(ii) of this clause.

(G) Full cooperation with any Government agencies responsible for audits, investigations, or corrective actions.

(d) Subcontracts.

(1) The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts that exceed the threshold specified in FAR 3.1004(a) on the date of subcontract award and a performance period of more than 120 days.

(2) In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.

(End of clause)

52.204‐24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

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

REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES

OR

EQUIPMENT (AUG 2020)

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 the provision at 52.204‐26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212‐3, Offeror Representations and Certifications‐Commercial Items.

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

(b) Prohibition.

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

Year 2019 (Pub. L. 115‐232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

Nothing in the prohibition shall be construed to—

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

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

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

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

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

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

(d) Representations. The Offeror represents that—

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the

Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and

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

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

(e) Disclosures.

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

(i) For covered equipment—

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

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

and item description, as applicable); and

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

(ii) For covered services—

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

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

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

(i) For covered equipment—

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

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

and item description, as applicable); and

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

(ii) For covered services—

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

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

(End of provision)

52.204‐26 Covered Telecommunications Equipment or Services‐Representation.

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

COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES‐REPRESENTATION (OCT 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204‐25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

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

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

(End of provision)

52.212‐1 Instructions to Offerors‐Commercial Items.

As prescribed in 12.301(b)(1), insert the following provision:

INSTRUCTIONS TO OFFERORS‐COMMERCIAL ITEMS (JUN 2020)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation.