12760423Q0197. Body Solicitation.doc

12760423Q0195 Continuation of SF-1449

Continuation of SF1449

Block 27: The full text of a clause or provision may be accessed electronically at www.acquisition.gov.

IMPORTANT NOTE: QUOTES/PROPOSALS ARE DUE 23 August 2023 AT 12:00 PM EST AND MUST BE EMAILED (MAILED QUOTES/PROPOSALS WILL NOT BE ACCEPTED) TO KELLY.B.UPDEGRAFF@USDA.GOV. All questions must be in writing to Mr. Kelly Updegraff; questions received after 17 August 2023 at 12:00 PM EST may not be answered.

CONTRACTORS MUST SUBMIT THE FOLLOWING DOCUMENTS (quotes/proposals may be deemed unresponsive if these documents are not provided at the time proposals are due):

1) SF 1449 – must be signed and dates

2) CONTRACTR INFORMATION (immediately below – another form may be used however the requested information must be on the form)

3) ATTACHMENT 1: SCHEDULE OF ITEMS / BILL OF MATERIAL

4) ALL REQUIRED SUBMITTALS AS APPLICABLE

5) AMENDMENTS (AS APPLICABLE)

CONTRACTOR INFORMATION (Contractor must be active in SAM at the time of award to be eligible for this contract as prescribed in FAR 52.204-7).

COMPANY NAME: _________________________________________________

TAX ID: ___________________________________ UEI/CAGE: _____________________________

POINT OF CONTACT(S): _______________________________________________________________

EMAIL ADDRESS: ____________________________________________________________________

OFFICE PHONE #: _____________________________

CELL #: _____________________________

FAX #: _______________________________

INTENT AND LOCATION OF CONTRACT:

The intent of this solicitation is to award a single Firm Fixed Price small business set aside award for Radio Cache System upgrade to their Windows system to a Linux system to better support the Phoenix NextGen configurations on airplanes. The work will be for the Fire and Aviation Management Information Management Support Branch (FAM-IM) of the United States Department of Agriculture Forest Service. For additional information, see the performance/work statement/objective in Attachment 2.

The Contractor must provide all personnel, equipment, materials, facilities, supervision, management, and transportation necessary to fulfill the requirements of this project in accordance with the regulatory, references and information resources provided within this PWS and any subsequent regulatory or policy changes with the terms, specifications, and provisions of this solicitation and resultant contract. In certain cases, the provision and/or licensing of commercial software (COTS) may be required as a component of, or in support, of the application.

1. Period of Performance

The period of performance is as follows (calendar dates will be inputted at time of award): 365 days from date of award.

CONTRACT ADMINISTRATION DATA

CONTRACTING OFFICER

a. The Contracting Officer (CO) responsible for award of this contract:

Mr. Kelly B. Updegraff

USDA Forest Service

WO AQM IT Contracting Branch 4000 Masthead Street NE Albuquerque, NM 87109 email: kelly.b.updegraff@usda.gov

b. The Contracting Officer (CO) responsible for administration of this contract: same as above

c. A Contracting Officer means a person with the authority to enter into, administer and/or terminate contracts and make related determinations and findings. The Contracting Officer signs all contractual documents, approves and signs all modification to contracts, processes and approves payment request, reviews and make final decisions on contractual discrepancies, and administers the contract. The CO will also be responsible for the day-to-day monitoring of the contractor’s performance in the areas of contract compliance, contract administration, cost control, and property control; reviewing the COR’s assessment of the contractor’s performance; and resolving all differences between the COR’s version and the contractor’s version. The Contracting Officer is the only authorized individual to make changes to the contract.

CONTRACTING OFFICER REPRESENTATIVE

a. The Contracting Officer Representative (COR) responsible for monitoring of this contract:

Ms. Stephanie Stone USDA Forest Service

Fire Information Technology Branch 4000 Masthead Street NE

Albuquerque, NM 87109 email: stephanie.stone@usda.gov 970-502-8996

b. The COR monitors all technical aspects of the Contract and assists in contract administration. The COR is authorized to perform the following functions:

• Assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance;

• Maintain written and oral communications with the Contractor concerning technical aspects of the contract;

• Issue written interpretations of technical requirements to the Contracting Officer, including applicable Government drawings, designs, specifications;

• Monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; and

• Coordinate availability of government furnished property, and provide site entry of Contractor personnel.

c. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting Contract.

KEY PERSONNEL (AGAR 452.237-74)

At a minimum, the Contractor must propose the following position as Key Personnel:

Project Manager: The Contractor must designate a Project Manager (PM) as the single point of contact (POC) for Task Order management. The PM must have the authority to make decisions for the Contractor and must be the single Contractor representative responsible for all issues, concerns, or problems at the Task Order level. The PM must readily respond to questions, concerns, and comments. The PM must proactively alert the Government to potential contractual issues.

(a) During the first 90 days of performance of the order, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the CO within 15 calendar days after the occurrence of any of these events and provide the information required by Section 5.3(e) of the BPA. After the initial 90-day period, the Contractor shall submit the information required by Section 5.3(e) of the BPA to the CO at least 15 calendar days prior to making any permanent substitutions. For order level key personnel, the Contractor must communicate with the ordering CO.

(b) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the BPA or ordering CO. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The CO will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The order will be modified to reflect any approved changes of key personnel.

(c) The Government will consider noncompliance with the provisions of this clause a material breach of the terms and conditions of the BPA for which the Government may seek any and all appropriate remedies, to include termination for default.

CONTRACTOR OBLIGATION:

Contractor shall provide personnel who are trained and competent to accomplish the work on this contract in a manner consistent with the highest professional standards of the industry. Contractors are required to stay in communication with the designated Contracting Officer's Representative (COR) at all times.

On all matters that pertain to the contract terms, the Contractor shall communicate, in writing, with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests are outside the scope of the contract, the Contractor should so advise the COR and CO immediately. Buying and using material or performing any services not listed in this contract without proper contractual modification by the Contracting Officer could result in nonpayment of these services and shall result in the Contractor performing those services at their own expense.

GOVERNMENT QUALITY ASSURANCE

The Government will monitor supplies to ensure that the Contractor is providing quality material to meet the performance standards. Visual observation and physical checks will be used. The Government reserves the right, if deemed necessary, to reject equipment deemed unsatisfactory for this contract.

Government inspections will be documented and placed in the COR’s file. If the employee’s supplies do not meet the the standards as outlined in this contract, a Notice of Non-Compliance will be issued to the Contractor. The CO may issue other cure notices if suppliers are not being provided in a timely manner or does not comply with contract specifications.

Government inspections are for the sole benefit of the Government and do not-

1) Relieve the Contractor of responsibility for providing adequate quality control measures;

2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

3) Constitute or imply acceptance; or

4) Affect the continuing rights of the Government after acceptance of the services.

Inspection of the supplies and services under this contract shall be made by the Contracting Officer's Representative (COR) or the designated Government Technical Monitor as the work progresses and at such intervals as are necessary to insure compliance with the contract specifications and provisions. If the services are not acceptable by the COR, the contractor shall perform said services to the satisfaction of the COR in accordance to this contract at no cost to the government. Upon acceptance by the COR, the contractor may submit their invoice in the IPP system.

CONTRACTOR QUALITY CONTROL

The Contractor is to ensure the material and the quality of work is in accordance with this contract. Subcontracting work is not an excuse for substandard performance. The Contractor will have measures in place to ensure services are performed to the Statement of Work in this contract. The Contractor is to communicate with the CO and COR as needed and shall be available to meet the CO and/or COR within a reasonable timeframe when requested.

Performance Evaluations

Performance will be measured by scheduled and random observation to assure that all contract requirements are being met.

Negative performance will result in rework at no additional cost to the Government. If rework is not possible or does not occur, deductions may be withheld from invoice(s).

TECHNICAL DIRECTION

The performance of work required herein shall be subject to the technical direction and inspection of the COR. As used herein, “technical direction” is direction to the Contractor(s), which requires pursuit of certain lines of inquiry, filling in details or otherwise serving to accomplish the contract or task order specifications. The technical direction, to be valid:

a) Must be issued in writing consistent with the general scope of the work set forth in the contract;

b) May not constitute a new assignment of work or changes to the expressed terms, conditions, or specifications incorporated into this contract or any task orders issued by the CO or ACOs;

c) Shall not constitute a basis for extension of the contract / task order delivery schedule(s)

Nothing contained in this part authorizes the Contractor(s) to incur costs in excess of the contract price or other limitations of funds set forth in the contract due to extra work performed in response to informal directions, suggestions, or instructions (oral or written) given by representatives of the CO, unless prior to commencing such work, the Contractor(s): 1) directly notifies the CO; 2) requests a formal contract modification; and 3) receives written authorization to proceed from the CO.

NON-DISCLOSE AGREEMENT

The Contractor must sign one version of a provided Non-disclosure Statement on behalf of the company, only if applicable, and must also ensure that all staff assigned to, including all subcontractors and consultants, or performing on this award instrument execute and adhere to the terms of the non-disclosure statement, protecting the information of the Government. Assignment of staff who have not executed this statement or failure to adhere to this statement shall constitute default on the part of the Contractor.

COMMITMENT TO PROTECT SENSITIVE INFORMATION

The Contractor must not release, publish, or disclose sensitive information to unauthorized personnel, and shall protect such information in accordance with provisions of the following laws and any other pertinent laws and regulations governing the confidentiality of sensitive information: 18 U.S. C. 641 (Criminal Code: Public Money, Property or Records)

The Contractor agrees to maintain the confidentiality of any information regarding project- related data and artifacts. Data includes personally identifiable information (PII), disclosure of which is regulated by the Privacy Act of 1974, PL 93-579, amended.

DATA RIGHTS

The Government will retain rights to all intellectual property and data produced in the course of this award instrument. By delivering applications or programming code to the Federal Government, the vendor or Contractor certifies that they have the proper authority to transfer the property and will defend the government against copyright or other lawsuit resulting from the application or programming delivered.

MEETINGS

The Contractor(s) shall be available to meet with the CO, COR and/or Inspector upon request. Meetings will be scheduled by the CO with timely notification to the Contractor(s).

INVOICING:

The Contractor may invoice after services have been accepted by the Government. The Contractor shall submit invoices and any applicable information to the Contracting Officer Representative (COR) for approval and processing via the Invoice Processing Platform (IPP). Contractors must sign up in IPP prior to submitting an invoice at www.IPP.gov. It is the Contractor’s responsibility to invoice using IPP. Invoices are paid on a Net 30 day basis from the date a proper invoice is received. References: FAR 52.232-1 Payments (APR 1984) and 52.232-25 Prompt Payment (JAN 2017).

If the Contractor has an existing IPP user name and password from any federal agency that uses IPP, the Contractor must use these to log into IPP and submit an invoice. If the Contractor has never had an IPP user name or password, upon signing this contract, USDA will email the user name and the Dept. of Treasury will email the password. The COR and/or CO may be able to provide assistance with submitting an invoice in IPP after the user name and password have been provided.

PLACE OF PERFORMANCE

Services must be provided off-site (e.g. at the Contractor’s facilities) with virtual or onsite meetings as necessary.

TRAVEL

Travel (within 50 miles of the contractor’s facilities) will not be reimbursed. Travel, if proposed, must be proposed as part of the firm-fixed-price amount in accordance with the Joint Federal Travel Regulations (FAR 31.205-46); the following website will assist with submitting an approval request to the COR: https://www.gsa.gov/travel/plan-book/per-diem-rates. COR approval is required prior to the Contractor holding meetings with Government staffs.

GOVERNMENT FURNISHED EQUIPMENT

The Government will provide the Contractor with equipment as listed in the Statement of Work/Performance Work Statement/Statement of Object.

SECTION 508 COMPLIANCE

Include Accessibility Requirements Language: https://buyaccessible.gov/index.php

CLAUSES

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):

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

52.202-1 Definitions (JUN 2020)

52.203-3 Gratuities (APR 1984)

52.203-12 Limitations on Payments to Influence Certain Federal Transactions (JUN 2020)

52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV 2021) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.227-14 Rights in Data-General (MAY 2014)

52.243-1 ALT 1

Changes – Fixed Price (AUG 1987) ALT 1 (APR 1984)

52.246-1 Contractor Inspection requirements (APR 1984)

52.246-4 Inspection of Services – Fixed-Priced (AUG 1996)

52.249-4 Termination for Convenience of the Government (Services) (Short Form) (APR 1984)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services.

Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (Jun 2023)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

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

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

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

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

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

__X_(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

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

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

__X_(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

___(5) [Reserved].

___(6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__X_(8) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

__X_(9) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).

___(10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

___(11) [Reserved].

___(12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).

___(13) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

___(14) [Reserved]

_X__(15)

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

___(ii) Alternate I (Mar 2020) of 52.219-6.

___(16)

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

___(ii) Alternate I (Mar 2020) of 52.219-7.

___(17) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C. 637(d)(2) and (3)).

___(18)

___(i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) (15 U.S.C. 637(d)(4)).

___(ii) Alternate I (Nov 2016) of 52.219-9.

___(iii) Alternate II (Nov 2016) of 52.219-9.

___(iv) Alternate III (Jun 2020) of 52.219-9.

___(v) Alternate IV (Sep 2021) of 52.219-9.

___(19)

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

___(ii) Alternate I (Mar 2020) of 52.219-13.

___(20) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637s).

___(21) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

___(22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) (15 U.S.C. 657f).

___(23)

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

___(ii) Alternate I (Mar 2020) of 52.219-28.

___(24) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

___(25) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).

___(26) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

___(27) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).

__X_(28) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

___(29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126).

__X_(30) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

___(31)

___(i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

___(ii) Alternate I (Feb 1999) of 52.222-26.

__X_(32)

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

___(ii) Alternate I (Jul 2014) of 52.222-35.

_X__(33)

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

___(ii) Alternate I (Jul 2014) of 52.222-36.

__X_(34) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

___(35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__X_(36)

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

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

__X_(37) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

___(38)

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

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

___(39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

___(40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___(41)

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

___(ii) Alternate I (Oct 2015) of 52.223-13.

___(42)

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

___(ii) Alternate I (Jun2014) of 52.223-14.

___(43) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

___(44)

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

___(ii) Alternate I (Jun 2014) of 52.223-16.

__X_(45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

___(46) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___(47) 52.223-21, Foams (Jun2016) (E.O. 13693).

_X__(48)

__X_(i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

___(ii) Alternate I (Jan 2017) of 52.224-3.

___(49)

___(i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

___(ii) Alternate I (Oct 2022) of 52.225-1.

___(50)

___(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Dec 2022) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

___(ii) Alternate I [Reserved].

___(iii) Alternate II (Dec 2022) of 52.225-3.

___(iv) Alternate III (Jan 2021) of 52.225-3.

___(v) Alternate IV (Oct 2022) of 52.225-3.

___(51) 52.225-5, Trade Agreements (Dec 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___(52) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___(53) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

___(54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___(55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

___(56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

___(57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

_X__(58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

__X_(59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

___(60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___(61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__X_(62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___(63) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

___(64)

___(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

___(ii) Alternate I (Apr 2003) of 52.247-64.

___(iii) Alternate II (Nov 2021) of 52.247-64.

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

[Contracting Officer check as appropriate.]

_X__(1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

_X__(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___(3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_X__(4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

___(5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

___(6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

__X_(7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

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

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

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

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

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

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

(e)

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

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

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

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

(v) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

(vi) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(viii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

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

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

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

(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiv)

(A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).

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

(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvii) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

(xviii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

(xx)

(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

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

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

Alternate I (Feb 2000). As prescribed in 12.301 (b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to "paragraphs (a), (b), (c), or (d) of this clause" in the redesignated paragraph (d) to read "paragraphs (a), (b), and (c) of this clause".

Alternate II (Jun 2023). As prescribed in 12.301 (b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:

(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8 G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—

(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and

(ii) Interview any officer or employee regarding such transactions.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial products or commercial services, other than—

(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and

(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

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

(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).

(C) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

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

(E) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

(F) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(G) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(H) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

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

(K) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(L) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(M) __ (1) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78and E.O 13627).

__ (2) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(N) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(O) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(P) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989).

(Q) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

(R) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

(S)__ (1) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

__ (2) Alternate I (Jan 2017) of 52.224-3.

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

(U) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(V) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(W) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

CONTRACT DOCUMENTS, EXHIBITS OR OTHER ATTACHMENTS

ATTACHMENT 1 – Schedule of Items (SOI) (1 page)

ATTACHMENT 2 – Performance Work Statement (PWS) (15 pages)

ATTACHMENT 3 – Parabolic Mirror Light (1 page)

ATTACHMENT 4 – Side Mirror Light (1 page)

ATTACHMENT 5 – Top Mirror Light Rev D (1 page)

ATTACHMENT 6 – Triangular Rotating Mirror Rev A (1 page)

ATTACHMENT 7 – Bushing Motor End (1 page)

ATTACHMENT 8 – Bushing Belleville Washer End (1 page)

ATTACHMENT 9 – USDA Cyber Supply Chain Risk Management (C-SCRM) (26 pages)

ATTACHMENT 10 – Quality Assurance Plan

REPRESENTATIONS, CERTIFICATIONS, AND OTHER

STATEMENTS OF BIDDERS

The Solicitation Provisions are for solicitation purposes only. They will be physically removed from any resultant award, but will be deemed to be incorporated by reference in the award.

52.252-1 Solicitation Provisions Incorporated by Reference. (Feb 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal

Transactions (SEP 2007)

52.204-7 System for Award Management (Oct 2018)

52.204-8 Annual Representations and Certifications (MAR 2020)

52.204-13 System for Award Management Maintenance (OCT 2018)

52.204-17 Ownership or Control of Offeror (AUG 2020)

52.204-22 Alternative Line Item Proposal (JAN 2017) 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations – Representation (NOV 2015) 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (MAR 2023)

52.215-5 Facsimile Proposals (OCT 1997)

52.204-27 Prohibition on a ByteDance Covered Application. (JUN 2023)

(a) Definitions. As used in this clause—

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, “No TikTok on Government Devices” Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

(End of provision) 52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (DEC 2022) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision—

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended."Sensitive technology"—

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or…