12474021R0003.pdf

12474021R0003

SOLICITATION, OFFER AND AWARD

4. TYPE OF SOLICITATION2. CONTRACT NUMBER 3. SOLICITATION NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

1 45

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

CAUTION: LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

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J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

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G

F

E

D

C

B

A

SEC. DESCRIPTION PAGE(S) (X) DESCRIPTION SEC. (X)

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER15A. NAME

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

designated point(s), within the time specified in the schedule.

by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

CODE 24. ADMINISTERED BY (If other than Item 7)

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

41 U.S.C. 253 (c) ( 10 U.S.C. 2304 (c) (

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

21. ACCOUNTING AND APPROPRIATION20. AMOUNT19. ACCEPTED AS TO ITEMS NUMBERED

AWARD (To be completed by government)

CODE

01/07/2021 X

USDA-AMS-33SM

USDA AMS C&T

100 RIVERSIDE PARKWAY

SUITE 101

FREDERICKSBURG VA 22406

1400 CT 02/08/2021

BEVERLY S BROWN 540

beverlys.brown@usda.gov

361-1126

PAGE(S)

BEVERLY S. BROWN

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

12. In compliance with the above, the undersigned agrees, if this offer is accepted within _____0_________ calendar days (60 calendar days unless a different period is inserted

X

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1-2

4-7

11-13

14-15

16-28

30-37

38-42

43-45

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 45

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

12474021R0003

(A) (B) (C) (D) (E) (F)

Tax ID Number: Not Available

DUNS Number: Not Available

Purchase of a cotton classing facility, including office, lab, warehouse, and other space offered within the area limitations presented in the RFP

0001 Purchase of a cotton classing facility, including SF office, lab, warehouse, and other space offered within the area limitations presented in the RFP

Product/Service Code: E1DB

Product/Service Description: PURCHASE OF

LABORATORIES AND CLINICS

OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

NSN 7540-01-152-8067 2

Section B – Supplies or Services and Prices/Costs

Total Sq. Ft. Unit For Entire Price Per Total

UCLINU UDescriptionU UFacility U USq. Ft.U UAmount 001 Entire facility, including office, lab, warehouse, and other space offered within the area limitations presented in the RFP

NOTE: The square footage price proposed is for the facility as it stands now, without adding modifications.

Section C – Description/Specifications/Statement of Work

Statement of Work Purchase of Cotton Classing Facility in Memphis, Tennessee

C.1 Background:

The Cotton and Tobacco Program (C&T) headquartered in Memphis, TN, is one of the commodity programs within Agricultural Marketing Service (AMS). C&T facilitates marketing by providing standardization, grading, and market news services for cotton, cotton related products, and tobacco while also administering the Cotton Research and Promotion program. C&T maintains a viable and valuable relationship with all segments of the U.S. cotton and tobacco industries.

C&T consists of seven Divisions/Staffs including: Grading, Standardization & Engineering, Quality Assurance, Market News, Research & Promotion, MRP Laboratory and Scientific IT Support Division, and an Administrative Staff. The Grading and Quality Assurance Divisions provide user-fee funded services in 32TU10 regional cotton classing officesU32T that serve all cotton-producing states in the U.S. The Program also maintains 32Tone tobacco operations office32T based in Raleigh, NC.

C.2 Mission:

Mission of the United States Department of Agriculture (USDA):

USDA provides leadership on food, agriculture, natural resources, rural development, nutrition, and related issues based on sound public policy, the best available science, and efficient management.

Mission of the Marketing and Regulatory Programs (MRP):

Marketing and Regulatory Programs facilitates domestic and international marketing of U.S.

agricultural products and ensures the health and care of animals and plants. MRP agencies are active participants in setting national and international standards.

Mission of the Agricultural Marketing Service (AMS):

The Agricultural Marketing Service (AMS) administers programs that create domestic and international marketing opportunities for U.S. producers of food, fiber, and specialty crops. AMS also provides the agriculture industry with valuable services to ensure the quality and availability of wholesome food for consumers across the country.

https://www.ams.usda.gov/about-ams/programs-offices/cotton-tobacco/classing-offices https://www.ams.usda.gov/grades-standards/tobacco

Mission of the Cotton and Tobacco Program:

The mission of the Cotton Program is to support the orderly and efficient marketing of U.S.

cotton, domestically and internationally, by providing unbiased classification, standardization, market news and oversight of the research and promotion program.

C.3 Scope:

The USDA, AMS, C&T has a requirement to acquire a cotton classing facility in Memphis, Tennessee. The facility must be a minimum of 83,000 rentable square feet and a maximum of 115,000 rentable square feet of office and related space, plus required parking to serve as a consolidated headquarters for C&T. The Government will only consider sites with an existing building willing to be conveyed to the Government.

The building must be equipped with laboratory space that has been used to class cotton samples in an ASTM environment in the past twenty years.

C.4 Specifications:

C.4.1 Delineated Area:

The delineated area for the proposed site of the Memphis Complex which houses the Memphis Classing Office as well as several other operational divisions and offices are Bartlett Corporate Park, and the Goodlett Farms Corporate Park. A map is attached locating these areas. Industrial or corporate parks are more conducive to the Cotton and Tobacco Program’s operations due to the industrial nature of the work performed, the hours of operation (24 hours per day for portions of the year), and the presence of delivery trucks both going to and coming from the facility each day. This truck traffic may occur at all hours of the day and night during the months of September through December annually. This is due to the required delivery of cotton samples from the surrounding gins to the facility during the cotton harvest season. These areas are also critical since the location of each of these corporate or industrial parks has good accessibility to main highways and interstates. The Memphis Classing Office receives cotton samples from gins located in Missouri, Arkansas, Mississippi, Tennessee and Alabama. The transport of the cotton samples from the gin locations is performed through the services of contracted sample haulers that utilize different sizes of trucks and trailers. The accessibility has an impact on the price of the hauling based upon location and the ability to access the site quickly. There are approximately 50,000 cotton samples delivered daily from the territory by as many as 10 different delivery trucks. There are also approximately 3,000 cotton bales that are hauled away from the facility during the months of the cotton season to local warehouses for storage. A cotton bale weighs approximately 500 pounds. The Standardization and Engineering Division also receives delivery of approximately 100 cotton bales annually for maintaining the bale inventory required for cotton standards used for testing and grading.

The proximity to the current area of Memphis, TN is also critical. There are several industry groups, trade associations, and other stakeholders within the Memphis area and the overall region that are familiar with the current location. Several key cotton industry organizations including the National Cotton Council of America, the Cotton Board, and the American Cotton Shippers Association are all in close proximity to the current location and bring several industry groups and personnel for training and educational purposes throughout the year. Much of the current workforce, both permanent and seasonal are in the central and eastern parts of Memphis as well.

The Bartlett Corporate Park is bounded as follows:

South and East of Brother Boulevard, South of Ellis Road North of Highway 64 West of New Brunswick Road

The Goodlett Farms Corporate Park is bounded as follows:

South of Interstate 40 West of Appling Road East of Whitten road North of Dexter Road

• In any event, the building must be equipped with laboratory space that has been used in an ASTM environment in the past twenty years.

C.4.2 Minimum Size:

• Property must contain an existing building between a minimum of 83,000 warm-lit rentable square feet and a maximum of 115,000 rentable square feet of lab, office space and warehouse space, plus parking as required by local code (including at least 145 official parking spaces), consistent with applicable zoning, and other restrictions imposed by law, or regulation

C.4.3 Space Type: • Office / Laboratory / Warehouse

• Minimum Office Area: 17,000 square feet

• Minimum Warehouse Area: 19,000 square feet

• Building Fully Sprinklered with wet fire protection sprinkler system or a building with a sprinkler system capable of being expanded to full coverage.

• Laboratory including:

• Insulation with vapor barrier around ASTM space or capable of installing insulation and vapor barrier

• Walls to deck or capable of being extended to deck

• special HVAC Equipment, control systems, and vapor barrier and insulation around the ASTM space. list the area in square feet of the space in your facility that meets the ASTM requirements.

• Lab is served by an HVAC system consisting of water chillers and hydronic and/or steam boilers

• Facility has a truck dock suitable for a semi tractor-trailer

• Building age is less than 30 years old

• Building has a data center with dedicated HVAC system(s)

• Data Center has a raised floor

• Building has at least two sets of Men/Women Toilet Room(s) meeting the following requirements:

• Minimum 12 water closets (min. of 4 women, 2 men, each location)

• Minimum 4 urinals (minimum of 2 at each location.

• Minimum of 4 water coolers

• Building is served by a backup emergency generator, minimum 100KW size

• Total Land Area: Between 7 and 15 acres

• Building has a functional fire alarm system

• Building has 460volt, 3 phase, 60 hz. Electrical service

Section D – Packaging and Marking

There are NO packaging and marking instructions or clauses for this Section.

Section E – Inspection and Acceptance

E.1. FAR 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): 32Thttps://www.acquisition.gov/browse/index/far32T

FEDERAL ACQUISITION REGULATION (48 CHAPTER 1) CLAUSES

NUMBER TITLE

52.246-2 INSPECTION OF SUPPLIES (AUG 1996)

52.246-16 RESPONSIBIBILITY FOR SUPPLIES (APR 1984)

E.2 AGAR 452.204-70 INQUIRIES (FEB 1988)

Inquiries and all correspondence concerning this solicitation should be submitted in writing to Beverly Brown, Contracting Officer. Offerors should contact only the Contracting Officer issuing the solicitation about any aspect of this requirement prior to contract award.

https://www.acquisition.gov/browse/index/far

Section F – Deliveries or Performance

F.l FAR 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):

32Thttps://www.acquisition.gov/browse/index/far32T

NUMBER TITLE DATE

FAR 52.242-15 STOP-WORK ORDER AUG 1989

FAR 52.242-17 GOVERNMENT DELAY OF WORK APR 1984

F.2 AGAR 452.211-74 Period of Performance (FEB 1988)

The period of performance for this contract is from date award through twelve months.

F.3 AGAR 452.246-70 INSPECTION AND ACCEPTANCE (FEB 1988)

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at:

To Be Determined at time of award https://www.acquisition.gov/browse/index/far

Section G – Contract Administration Data

G.1 Contract Administration

(a) The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract. This authority remains solely with the Contracting Officer. In the event the contract effects any change at the direction of any person other than the Contracting Officer, the changes will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

(b) The Offeror shall designate one individual by letter to be contacted during the period of the contract for prompt contract administration.

G.2 Invoices and Payment Information

Invoices shall be sent to:

Beverly Brown USDA, AMS, Cotton and Tobacco Program 100 Riverside Parkway Suite 101 Fredericksburg, Virginia 22406

The offeror should include the payment address in their proposal if it is different from the address shown for the offeror.

G.3 Contract Administration

A. Contracting Officer: All Contract related issues shall be addressed with the following contact:

Beverly Brown

100 Riverside Parkway Suite 101 Fredericksburg, Virginia 22406 Email: 32TBeverlyS.Brown@usda.gov32T Phone: 540-361-1126 Fax: 901-384-3021 mailto:BeverlyS.Brown@usda.gov

B. Contracting Officer Representative (COR) - These contacts are the only persons authorized to interact with the offeror under this contract for technical related issues:

Steve Grantham

3275 Appling Road Memphis, Tennessee 38133 Email: 32TSteve.Grantham@usda.gov32T Phone: 901-384-3030

G.4 COR’s Delegated Authority

The Contracting Officer has delegated part of his/her authority to the COR. The authority delegated is as follows:

The COR is responsible for monitoring the technical aspects of the project and serving as the technical liaison with the Contractor. The types of actions within the purview of the COR's authority are:

(a) to monitor performance of the technical requirements of the contract;

(b) to maintain written and oral communications with the Contractor concerning all aspects of the contract and specifically by providing written designation of the person (and alternate) authorized to initiate requests for telephone support;

(c) to notify the Contractor and the Contracting Officer of any deficiencies observed in contract performance;

(d) to coordinate the availability of Government furnished property and provide for site entry (Security Clearances) of Contractor personnel if required; and,

(e) to process invoices and approve payments.

(f) to obtain a return authorization number and coordinate the return of any software or documentation to the Contractor.

In the event the COR designation is changed during the life of this contract, the Contracting Officer will notify the Contractor.

In the event the Contracting Officer amends the delegation of authority to the COR, the contract will be modified.

G.5 Limitations on the COR’s Delegated Authority

The COR is not authorized to make any commitments or otherwise obligate the mailto:Steve.Grantham@usda.gov

Government or authorize any changes which affect the contract price, scope, delivery schedule or terms or conditions of the contract.

Section H – Special Contract Requirements

H.1 Government Consent of Publication/Endorsement

Under no circumstances shall the Contractor, or anyone acting on behalf of the Contractor, refer to the supplies, services, or equipment furnished pursuant to the provisions of this contract in any news release or commercial advertising without first obtaining explicit written consent to do so from the Contracting Officer

The Contractor agrees not to refer to awards in commercial advertising in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Federal Government or is considered by the Government to be superior to other products or services.

H.2 AGAR 452.237-75 Restrictions Against Disclosure. (FEB 1988)

(a) The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form, or to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis. The Contractor agrees to immediately notify in writing, the Contracting Officer, named herein, in the event that the Contractor determines or has reason to suspect a breach of this requirement.

(b) The Contractor agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

(End of Clause)

H.3 AGAR 452.224-70 Confidentiality of Information. (FEB 1988)

(a) Confidential information, as used in this clause, means -

(1) information or data of a personal nature, proprietary about an individual, or (2) information or data submitted by or pertaining to an organization.

(b) In addition to the types of confidential information described in (a)(1) and (2) above, information which might require special consideration with regard to the timing of its disclosure may derive from studies or research, during which public disclosure of primarily invalidated findings could create an erroneous conclusion which might threaten public health or safety if acted upon.

(c) The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential. Similarly, the contracting Officer and the Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the contract. Failure to agree will be settled pursuant to the "Disputes" clause.

(d) If it is established that information to be utilized under this contract is subject to the Privacy Act, the Contractor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.

(e) Confidential information, as defined in (a)(1) and (2) above, shall not be disclosed without the prior written consent of the individual, institution or organization.

(f) Written advance notice of at least 45 days will be provided to the Contracting Officer of the Contractor's intent to release findings of studies or research, which have the possibility of adverse effects on the public or the Federal agency, as described in (b) above. If the Contracting Officer does not pose any objections in writing within the 45 day period, the contractor may proceed with disclosure. Disagreements not resolved by the Contractor and Contracting Officer will be settled pursuant to the "Disputes" clause.

(g) Whenever the Contractor is uncertain with regard to the proper handling of material under the contract, or if the material in question is subject to the Privacy Act or is confidential information subject to the provisions of this clause, the Contractor shall obtain a written determination from the Contracting Officer prior to any release, disclosure, dissemination, or publication.

(h) The provisions of paragraph (e) of this clause shall not apply when the information is subject to conflicting or overlapping provisions in other Federal, State or local laws.

(End of Clause)

Section I – Contract Clauses

I.1 FAR 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):

32Thttps://www.acquisition.gov/?q=browsefar32T

52.202-1 DEFINITIONS JUN 2020

52.203-3 GRATUITIES APR 1984

52.203-5 COVENANT AGAINST CONTINGENT FEES MAY 2014

52.203-6 RESTRICTIONS ON SUBCONTRACTOR JUN 2020

SALES TO THE GOVERNMENT

ALTERNATE 1 JUN 2020

52.203-7 ANTI-KICKBACK PROCEDURES JUL 2020

52.203-8 CANCELLATION, RESCISSION, AND MAY 2014

RECOVERY OF FUNDS FOR ILLEGAL OR

IMPROPER ACTIVITY

52.203-10 PRICE OR FEE ADJUSTMENT FOR MAY 2014

ILLEGAL OR IMPROPER ACTIVITY

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING SEP 2007

PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS

52.203-12 LIMITATION ON PAYMENTS TO JUN 2020

INFLUENCE CERTAIN FEDERAL TRANSACTIONS

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER JUN 2020

RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS

52.204-4 PRINTED/COPIED DOUBLE-SIDED ON MAY 2011

RECYCLED PAPER

52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2018

52.209-6 PROTECTING THE GOVERNMENT'S JUN 2020

INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED,

OR PROPOSED FOR DEBARMENT

52.211-5 MATERIAL REQUIREMENTS AUG 2000

https://www.acquisition.gov/?q=browsefar

52.215-2 AUDIT AND RECORDS--NEGOTIATION JUN 2020

52.215-8 ORDER OF PRECEDENCE--UNIFORM OCT 1997

CONTRACT FORMAT

52.215-10 PRICE REDUCTION FOR DEFECTIVE COST OR AUG 2011

PRICING DATA

52.215-12 SUBCONTRACTOR COST OR PRICING DATA JUN 2020

52.215-14 INTEGRITY OF UNIT PRICES JUN 2020

52.215-15 PENSION ADJUSTMENTS AND ASSET OCT 2010

REVERSIONS

52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR JUL 2005

POSTRETIREMENT BENEFITS (PRB) OTHER THAN

BENEFITS

52.215-19 NOTIFICATION OF OWNERSHIP CHANGES OCT 1997

52.215-21 REQUIREMENTS FOR COST OR PRICING DATA - JUN 2020

MODIFICATIONS

52.216-24 LIMITATION OF GOVERNMENT LIABILITY APR 1984

52.216-25 CONTRACT DEFINITIZATION OCT 2010

ALTERNATE I

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS OCT 2018

52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN JUN 2020

52.219-14 LIMITATIONS ON SUBCONTRACTING MAR 2020

52.219-16 LIQUIDATED DAMAGES—SUBCONTRACTING JAN 1999

PLAN

52.222-3 CONVICT LABOR JUN 2003

52.222-4 CONTRACT WORK HOURS AND SAFETY MAR 2018

STANDARDS ACT – OVERTIME COMPENSATION

52.222-21 PROHIBITION OF SEGREGATED FACILITIES APR 2015

52.222-26 EQUAL OPPORTUNITY SEPT 2016

52.222-35 EQUAL OPPORTUNITY FOR VETERANS JUN 2020

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH JUN 2020

DISABILITIES

52.222-37 EMPLOYMENT REPORTS ON VETERANS JUN 2020

52.222-50 COMBATING TRAFFICKING IN PERSONS OCT 2020

52.223-6 DRUG-FREE WORKPLACE MAY 2001

52.223-18 ENCOURAGING CONTRACTOR POLICIES JUN 2020

TO BAN TEXT MESSAGING WHILE DRIVING

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN JUN 2008

PURCHASES

52.225-18 PLACE OF MANUFACTURE AUG 2018

52.225-25 PROHIBITION ON CONTRACTING WITH JUN 2020

ENTITIES ENGAGING IN CERTAIN ACTIVITIES

OR TRANSACTIONS RELATING TO IRAN –

REPRESENTATION AND CERTIFICATIONS

52.227-1 AUTHORIZATION AND CONSENT JUN 2020

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT JUN 2020

AND COPYRIGHT INFRINGEMENT

52.227-3 PATENT INDEMNITY APR 1984

52.230-2 COST ACCOUNTING STANDARDS JUN 2020

52.232-1 PAYMENTS APR 1984

52.232-17 INTEREST OCT 2010

52.232-23 ASSIGNMENT OF CLAIMS MAY 2014

52.232-25 PROMPT PAYMENT JAN 2017

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER— OCT 2018

SYSTEM FOR AWARD MANAGEMENT

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED JUN 2013

OBLIGATIONS

52.239-40 PROVIDING ACCELERATED PAYMENTS TO DEC 2013

SMALL BUSINESS SUBCONTRACTORS

52.233-1 DISPUTES - ALT I MAY 2014

52.233-3 PROTEST AFTER AWARD AUG 1996

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT OCT 2004

CLAIM

52.242-3 PENALTIES FOR UNALLOWABLE COSTS MAY 2014

52.242-4 CERTIFICATION OF FINAL INDIRECT COSTS JAN 1997

52.242-13 BANKRUPTCY JUL 1995

52.243-1 CHANGES-FIXED PRICE AUG 1987

52.244-2 SUBCONTRACTS JUN 2020

52.245-9 USE AND CHARGES APR 2012

I.2 FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018)

(a) Definitions. As used in this clause—

Covered article means any hardware, software, or service that–

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

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

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

Covered entity means–

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

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

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

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

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

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

(c) Reporting requirement.

(1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at 32Thttps://dibnet.dod.mil32T. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at 32Thttps://dibnet.dod.mil32T.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 1 business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

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

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

(End of clause)

I.3 FAR 52.204-24 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 32T52.204-2632T, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 32T52.212-332T, 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 32T52.204-2532T, 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 https://www.acquisition.gov/content/52204-26-covered-telecommunications-equipment-or-services-representation#id19CAC0P0ESS https://www.acquisition.gov/content/52212-3-offeror-representations-and-certifications-commercial-items#i1060550 https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services-or-equipment#id1989I600I4C

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) (32Thttps://www.sam.gov32T) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that—

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

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

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

(e) Disclosures.

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

(i)For covered equipment—

(A)The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original https://www.sam.gov/ 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)

I.4 FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020)

(a) Definitions. As used in this clause—

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part

774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology;

or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(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.

The Contractor is prohibited from providing to the Government 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 32T4.210432T.

(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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

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.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at 32Thttps://dibnet.dod.mil32T. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at 32Thttps://dibnet.dod.mil32T.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known);

brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation https://www.acquisition.gov/content/42104-waivers#id1989GI040ZO actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended.

In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

I.5 FAR 52.204-26 Covered Telecommunications Equipment or Services- Representation (Dec 2019)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 32T52.204-2532T, 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) (32Thttps://www.sam.gov32T) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

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

(End of provision)

I.6 FAR 52.209-5 Certification Regarding Responsibility Matters (Aug 2020)

(a) (1) The Offeror certifies, to the best of its knowledge and belief, that—

(i) The Offeror and/or any of its Principals–

(A) Are □ are not □ presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have □ have not □, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services-or-equipment#id1989I600I4C criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are □ are not □ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

(D) Have □, have not □, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following Factors apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C.