AMEND_7_140D0424Q0127_0007_0007.pdf

SOLICITATION – NAMA WWII Operations and Maintenance, 140D0424Q0127 Amendment 7 PAGE

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Amendment 7: Post Updated Questions and Answers, Update Attch 1 & 2 Performance Work Statements, Extend Solicitation Response Due Date

Amendment 6: Post Updated Questions and Answers, Update Attach 3 - Pricing Sheet, Extend Solicitation Response Due Date

Amendment 5: Post Additional Questions and Answers, Upload SOW-INP17PD01351

Amendment 4: Upload Site Visit Sign-In Sheet

Amendment 3: Update Site Visit Information, Extend Solicitation and Question and Answer Period

Amendment 2: Post Questions and Answers, Add Site Visit Information, Update Attachments

Amendment 1: To extend Solicitation Response Due

INTRODUCTION AND PERFORMANCE INFORMATION:

**Funds are not presently available for this effort. The Governments issuance of this RFQ is subject to the availability of funds and the Government reserves the right not to make an award.**

This is a combined synopsis/solicitation for commercial products and commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

Solicitation 140D0424Q0127 is hereby issued as a Request for Quote (RFQ).

This requirement is being issued by the Department of the Interior (DOI)/Interior Business Center (IBC), Acquisition Services Directorate (AQD). AQD is issuing this solicitation on behalf of the DOI, National Park Service (NPS), National Mall and Memorial Parks (NAMA). AQD will conduct this acquisition using FAR part 12, Acquisition of Commercial Products and Commercial Services, in conjunction with the procedures outlined in FAR subpart 13.5, Simplified Procedures for Certain Commercial Products and Commercial Services, and FAR part 19, Small Business Programs.

This combined synopsis/solicitation and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2024-02, Effective January 22, 2024.

This is 100% set aside for small businesses. The North American Industry Classification System (NAICS) code applicable to this requirement is 561210, Facilities Support Services with a size standard of $47 million. The PSC code is J046 – Maintenance, Repair, and Rebuilding of Equipment- Water Purification and Sewage Treatment Equipment.

The objective of this solicitation is to award a Single Award Indefinite-Delivery Indefinite- Quantity (IDIQ) contract and a Task Order (TO) for Preventative Maintenance services, both for the NAMA World War II (WWII) Memorial. The IDIQ will contain operational and preventative maintenance on a site with electrical, building, waste, water, masonry, sculpture, and other unique memorial features as the prime contractor, especially on Federal properties within secure zones. Contractor shall demonstrate experience in pool and fountain operations and preservation treatment; masonry conservation; electrical maintenance; maintenance on fire suppression system; maintenance on HVAC, waste-water, environmental concerns, and plumbing, as well as cover emergency and non-emergency repairs. The TO will cover standard Preventative Maintenance services.

The requirements for the overall Operations and Maintenance IDIQ can be found in Attachment 1 of this document, titled “Performance Work Statement (PWS) WWII Memorial Maintenance,” and the requirements for the Preventative Maintenance TO can be found in Attachment 2 of this document, titled “PWS WWII Preventative Maintenance TO.”

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The period of performance for the IDIQ is a five-year ordering period, from July 24, 2024, to July 23, 2029, with a one-week phase-in period from July 24, 2024 to July 31, 2024. The period of performance for the Preventative Maintenance TO is a one-year base period commencing on August 1, 2024 and concluding on July 31, 2025, with four one-year options. FAR 52.217-8 will be applicable to the base IDIQ and all resulting TOs. Place of performance of services will be at the NAMA WWII Memorial comprising the area in Washington, D.C., between 17th Street and the reflecting pool East to West and Constitution Gardens and Independence Avenue North to South.

FAR 52.219-14, Limitations on Subcontracting applies to this acquisition. The limitation will be tracked at the IDIQ level under the solicited NAICS 561210, Facilities Support Services, and IAW FAR 52.219-14, the contractor shall report on their compliance by the end of the performance period for each order issued. See Section 3 and 5 of this RFQ for additional information.

The provision at FAR 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services, and its addendum applies to this acquisition. See Section 5 of this RFQ for additional information.

The provision at FAR 52.212-2, Evaluation-Commercial Products and Commercial Services, applies to this acquisition. The Government will award a contract resulting from this solicitation to the responsible contractor whose quote is the most advantageous and provides the best value to the Government, price and non-price factors considered. See Section 6 of this RFQ for additional information.

Offerors shall include all representations are completed in their System for Award Management (SAM) registration at sam.gov and FAR Provision 52.212-3, Offeror Representations and Certifications – Commercial Products and Commercial Services (as applicable) (Nov 2023). See Section 4 of this RFQ.

The clause at 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023) applies to this acquisition. See Section 4 of this RFQ.

The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Dec 2023), applies to this acquisition. Of those FAR clauses cited in this clause, those annotated with an “X” are applicable to this acquisition. See Section 4 of this RFQ.

All responsible sources may submit a quotation which shall be considered by DOI.

Responses are due no later than 1:00 PM Eastern Time, June 6, 2024. Responses shall be emailed to Moriah Fobbs, Contracting Officer, at moriah_fobbs@ibc.doi.gov.

Contract Administrative Office This contract will be administered by:

The Contracting Officer (CO) for this effort is as follows:

Department of the Interior Acquisition Services Directorate mailto:moriah_fobbs@ibc.doi.gov

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ATTN: Moriah Fobbs 381 Elden Street, Suite 4000 Herndon, Virginia 20170-4817 moriah_fobbs@ibc.doi.gov

Questions Questions related to this RFQ must be submitted in Microsoft Excel format utilizing the template provided in Attachment 6 Q&A Template. Questions must be submitted via email to moriah_fobbs@ibc.doi.gov no later than 1400 Eastern Time, February March 8, 2024. Questions will be answered via Solicitation Amendment posted to www.SAM.gov.

Any questions received after the specific cut-off dates and times may not be accepted or answered. Please be advised that the Government reserves the right to transmit questions and answers to all prospective Offerors. All questions must be received via email in the Attachment 6 Q&A Template; no oral questions will be accepted. The email subject line for questions shall contain the following text, “RFQ 140D0424Q0127 - QUESTIONS”. The Government’s responses will be provided via email.

Site Visit

A site visit will be held at the NAMA WWII Memorial located between 17th Street and the reflecting pool East to West and Constitution Gardens and Independence Avenue North to South.

The site visit will take place on March 7, 2024 at 0900 Eastern Time.

To account for the proper number of attendees, offerors shall provide a list to include name of attendees, company, and number of vehicles to the contracting officer via email at moriah_fobbs@ibc.doi.gov, no later than March 1, 2024 at 1400 Eastern Time.

Attendees shall park along Ash Road, a representative from the National Park Service will be there to direct attendees on where specifically to park and to provide temporary parking passes.

A map to show parking location is provided in Attachment 9 – Site Visit Parking Map.

For inquiries on where to park or additional directions, please contact: Thomas Testa (202)669-3611

The site visit will start promptly at 0900 Eastern Time, and there will be no make-ups for failure to arrive in a timely manner.

Following the site visit, all questions shall be submitted in writing on Attachment 6 - Q&A Template via email to moriah_fobbs@ibc.doi.gov.

Additional Information

The offeror shall only include pricing information as part of the Volume III, Price

Elaborate brochures, embedded videos, or other presentations beyond those sufficient to present a complete and effective quote, are neither necessary nor desired.

The quote shall be valid for a minimum of 180 calendar days after the due date for quotes.

mailto:moriah_fobbs@ibc.doi.gov mailto:moriah_fobbs@ibc.doi.gov http://www.sam.gov/ mailto:moriah_fobbs@ibc.doi.gov

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The CO is the only person who can legally obligate the Government for the expenditure of public funds.

Costs shall not be incurred by recipients of this solicitation in anticipation of receiving direct reimbursement from the Government. It is understood that the submitted quote will become part of the official file without obligation to the Government.

The Government will not reimburse the Offeror for any costs incurred for the preparation and submission of a quote in response to this solicitation.

(End of Introduction and Performance Information)

STATEMENT OF REQUIREMENT:

• The ceiling for this Single Award IDIQ is $7,500,000.

• The PWS provided at Attachment 1 sets forth the description of services that may be ordered under this IDIQ. The Government reserves the right to add services to the IDIQ directly related to the performance of Operations and Maintenance for NPS NAMA WWII Memorial.

(End of Statement of Requirement)

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Section 1 – GENERAL TERMS AND CONDITIONS

1.1 Period of Performance

This IDIQ will have a five (5) year ordering period from the date of contract award. Contract options will not be solicited for the IDIQ contract; however, options may be awarded at the TO level, depending on the need of each TO requirement. Orders may be placed at the TO level up until the IDIQ contract expires.

The terms for each TO executed under the IDIQ contract shall be specified in the individual or Task Order Request for Quote (TORFQ) solicitations as well as subsequent TO awards. Under no circumstance may a new TO be placed under the IDIQ contract if the IDIQ contract is not in effect, has expired, has been cancelled, or has been terminated.

TOs that include options beyond the priced IDIQ Ordering Period of Performance will be evaluated at the TO level and Contractors will be authorized to apply reasonable escalation rates.

1.2 Contract Type

The contract will be awarded as a commercial single award IDIQ contract. TOs will be issued on a Firm Fixed Price basis.

1.3 Contract Administration

a. In no event shall any understanding or agreement, change or other matter in deviation from the terms of this contract between the contractor and a person other than the IBC AQD, Contracting Officer (CO) be effective or binding upon the Government. All such actions must be formalized by a proper contractual document executed by the CO.

b. The CO is as follows:

DOI AQD COs are authorized to place, up to the IDIQ ceiling value of $7,500,000.

c. All contract administration associated with individual TOs will be performed by the CO issuing the task order, unless otherwise stated.

1.4 Place of Performance

The place of performance will be at the NAMA WWII Memorial located between 17th Street and the reflecting pool East to West and Constitution Gardens and Independence Avenue North to South.

1.5 Minimum Guarantee

The Government anticipates awarding an initial task order simultaneously with the award based on the contractor’s quote for support services that will be required under this IDIQ. The minimum guarantee of $2,500 will be obligated at time of IDIQ award through task order execution.

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1.6 Ceiling Value

The program ceiling value for the IDIQ and all awarded TO as a result of this solicitation is $7.5 Million. Each individual task order shall not exceed $2,500,000. The aggregate value of the awarded TO/DOs as well as minimum guarantee shall not exceed the program ceiling value for the five (5) year ordering period.

1.7 Travel

There is not anticipated to be any travel associated with the performance of this IDIQ and resulting Task Orders.

1.8 Ordering Procedures

All work under this IDIQ shall be performed in accordance with (IAW) the TO(s) issued by the ordering activity CO. The terms and conditions of this IDIQ shall have precedence over all resulting order(s). In no event shall the issued TO(s) imply authorization to exceed or change the IDIQ terms and conditions.

(a) TO may be placed by any appropriately warranted IBC-AQD CO, subject to the limits of the IDIQ by issuance of an TORFQ. The TORFQ solicitation will contain the individual Statement of Work (SOW), PWS or salient characteristics that will outline the requirements of the TO.

(b) The TORFQ solicitations will include, at a minimum:

a. A functional description of the work to be delivered outlined in a SOW or PWS

b. TORFQ identified (solicitation number);

c. Submission Content (quote instructions);

d. The basis of TO award (evaluation criteria);

e. TO quote due date;

f. Any other applicable instructions deemed necessary.

(c) Evaluation of TORFQ quotes. TO quotes received will be evaluated based on the terms included in the TORFQ.

(d) TOs may be issued on an OF 347 or an SF 1449.

(e) COs who sign each task order issued under this IDIQ will be responsible for resolving any and all issues related to their perspective IDIQ TOs with the contractor.

(f) The CO will be responsible for resolving any and all issues related to their respective IDIQ TO(s) with the contractor.

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(g) The CO may modify TO in the same manner in which they were issued.

1.9 Documentation/Equipment Approval

The Contracting Officer’s Representative (COR) will review, for completeness, all work performed. All work is to be scheduled and coordinated through the COR. Work shall be scheduled in advance so that proper access to the area can be provided. Absence of any comments by the COR will not relieve the Contractor of the responsibility for complying with the requirements of this contract. Final approval and acceptance of documentation required herein shall be by letter of approval and acceptance by COR/CO. The Contractor shall not construe any letter of acknowledgment of receipt material as a waiver of review, or as an acknowledgment that the material is in conformance with this work statement. Any approval given during preparation of the documentation, or approval for shipment shall not guarantee the final acceptance of the completed documentation.

1.10 Personnel Requirement

The contractor shall be responsible for managing and providing personnel with the necessary level of expertise to support the task activities and requirements in the resultant TO PWS.

Contractor personnel shall be trained, qualified, and certified under the requirements specified in this contract, and be given full knowledge of the requirements of this contract before starting work.

1.11 Contractor Personnel

The Contractor shall be responsible for managing and overseeing the activities of all Contractor personnel, as well as subcontractor efforts used in performance of this effort. The Contractor’s management responsibilities shall include all activities necessary to ensure the accomplishment of timely and effective support performed IAW the requirements contained in the PWS.

1.12 Contractor Interfaces

The Contractor and its subcontractors may be required as part of the performance of this effort to work with other Contractors working for the Government. Contractors shall not direct this Contractor or its subcontractors in any manner. Also, this Contractor or its subcontractors shall not direct the work of other contractors in any manner.

The Contractor shall work closely within the NAMA WWII Memorial and with the Government to implement procedures to ensure open, timely, and effective communication, information exchange, and reporting among the Contractors and the Government. These procedures shall be submitted to the COR and CO for review and comment, and the final version agreed upon by all parties.

1.13 Non-Personal Services Contract

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This is a “non-personal services” contract, it is therefore, understood and agreed that the contractor and/or the contractor’s employees shall: (1) perform the services specified herein as independent contractors, not as employees of the government; (2) be responsible for their own management and administration of the work required and bear sole responsibility for complying with any and all technical, schedule, or financial requirements or constraints attendant to the performance of this contract; (3) be free from supervision or control by any government employee with respect to the manner or method of performance of the services specific; and (4) pursuant to the government’s right and obligation to inspect, accept or reject the work, comply with such direction of the Contracting Officer; or the duly authorized representative as is necessary to ensure accomplishment of the contract objectives. The contractor shall include this language in all subcontracts for contractor support services under this contract.

1.14 Release of Information

Information made available to the Contractor by the Government for the performance of operation and maintenance services on this contract shall be used only for the purposes of fulfilling the contract requirements and shall not be used in any other way without the written agreement of the CO. There shall be no dissemination or publication, except within and between the Contractor and any subcontractors, of information developed under this contract or contained in the reports to be furnished pursuant to this effort without prior written approval from the CO.

The Contractor agrees to assume responsibility for protecting the confidentiality of Government records, which are not public information. Each Contractor or employee of the Contractor to whom information may be made available or disclosed shall be notified in writing by the Contractor that such information may be disclosed only for a purpose and to the extent authorized herein.

1.15 Disclosure of Information

Information made available to the Contractor by the Government for the delivery of any TO/DO requirements shall be used only for those purposes and shall not be used in any other way without the written agreement of the CO.

The Contractor agrees to assume responsibility for protecting the confidentiality of Government records, which are not public information. Each Contractor or employee of the Contractor to whom information may be made available or disclosed shall be notified in writing by the Contractor that such information may be disclosed only for a purpose and to the extent authorized herein.

1.16 Government-Furnished Property and Equipment (GFP and GFE)

The NPS may choose to provide materials in excess of $500 each when the labor is covered under the PWS in lieu of the contractor providing a quote. At the expiration or termination of the contract, all such devices furnished and installed by the contractor shall become property of the Government.

1.17 Government-Furnished Information (GFI)

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GFI is anticipated for use in performance under this contract vehicle.

The Government will identify any GFI applicable to fulfilling the TO requirements in the TORFQ(s). Probable GFI solicited for use under this contract may include Government and Non- Government documents such as structural design of buildings, drawings, reports, schematics, etc.

1.18 Electronic Invoicing and Payment Requirements – Internet Payment Platform (IPP)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the Federal Acquisition Regulation (FAR) clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is:

https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

Invoice Contents:

Invoices will be paid upon approval and acceptance by the Government COR. Invoices must include, as a minimum, the following information:

Invoices shall include, as a minimum, the following information:

• Contractor name

• Contractor address

• IDIQ Contract No.

• Task Order No.

• Invoice date and number

• Billing Period for the services performed

• Labor Category, if applicable

• Labor Rate, if applicable

• Labor Total, if applicable

• ODC Total, if applicable, with corresponding breakout

• Travel Total, if applicable, with corresponding breakout

• Backup documentation showing daily hours worked by individuals during the month for all T&M and LH orders.

• Additional supporting documentation MAY BE REQUESTED at the discretion of the

COR.

• FFP Deliverable Description (if FFP) or payment schedule number

• FFP Monthly Total (if FFP) https://www.ipp.gov/

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If an invoice includes travel, the written approval from the COR to travel must be included as an attachment. Travel invoiced must include the name of the traveler, travel itinerary, purpose of travel, and any other documentation requested by the COR/CO. The contractor will be reimbursed for actual, allowable, allocable, and reasonable travel costs incurred during performance IAW the Federal Travel Regulations (FTR) currently in effect on date of travel.

Receipts are required for all lodging and any expenditure submitted for Government reimbursement.

Payment

• Payments under this order will be due 30 calendar days after the date of actual receipt of proper invoice in the office designated to receive the original invoice or final acceptance of the goods or services, whichever is later.

• The date of the check issued in payment or the date of payment by wire transfer through the Treasury Financial Communications System shall be the day payment is made.

Final Invoice - Within sixty (60) calendar days of product acceptance and/or completion of services for each awarded Contract, Delivery/Task or Purchase Order:

• The contractor shall submit a final invoice designated as such by a clear statement of “FINAL INVOICE” on the face of the invoice document.

• The contractor shall provide a certificate of completion which certifies all goods and service have been provided as required by the terms and conditions of the contract.

• The contractor shall provide a release of claims against the Government for any further payment under this task order.

The sixty (60) calendar day submission timeframe shall not be extended without written authorization from the contracting officer. In the event items a, b, or c above are not submitted within the authorized timeframe, the contracting officer will make final cost determinations in order to make final payment and close out the contract unilaterally.

The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 – 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its quote or quotation. Additional supporting documentation MAY BE REQUESTED at the discretion of the COR or CO.

mailto:IPPCustomerSupport@fiscal.treasury.gov

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(End of Custom Clause)

1.19 Notice to Contractors – Contractor Performance Assessment Reporting System

1. FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

2. The past performance evaluation process is a totally paperless process using CPARS.

CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

3. We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.

4. When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.

5. Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.

1. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment.

2. Your comments should focus on objective facts in the AO's narrative and should a) provide your views on the causes and ramifications of the assessed performance.

3. All information provided should be reviewed for accuracy prior to submission.

4. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.

https://www.cpars.gov/ https://www.cpars.gov/

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5. Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.

6. If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."

6. The following guidelines apply concerning your use of the past performance evaluation:

1. Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions.

2. Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

3. Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

7. If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.

8. A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

1.20 Notice to Contractors

To promote timely and effective administration, correspondence shall be subject to the following procedures:

• Technical correspondence (where technical issues relating to compliance with the requirements herein) shall be submitted in writing via email addressed to the IDIQ COR with an information copy to the CO and the CS

• All other correspondence, including invoices, (that which proposes or otherwise involves waivers, deviations, or modifications to the requirements, terms or conditions of this PWS) shall be addressed to the CO with an information copy to the COR.

1.21 Organizational and Consultant Conflicts of Interest [IBCM-ACQ-6920-007] June

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The contractor employee may be required to sign a conflict-of-interest certificate if the Contracting Officer determines the contract and associated work may potentially affect the employee's or the employer's financial interest. When the Contracting Officer determines the potential exist, the contractor employee through the contract Project Manager shall be required to sign the attached Conflict of Interest Certificate (Attachment 8).

1.22 Telework

Telework is not permitted during performance of this IDIQ and resulting TOs and DOs.

1.23 Continuity of Operations During a Government Closure

The Contractor shall submit a plan entitled Continuity of Operations During a Government Closure to the COR for approval within 5 calendar days following an instruction from the COR to do so. The plan shall sufficiently specify what work tasks would be performed at non- Government location(s) (i.e., not a “Federally-controlled facility”) during a closure and which Contractor employees would be authorized to telework under the TELEWORK DURING A GOVERNMENT CLOSURE provision of this acquisition.

The Contractor shall implement its approved Continuity of Operations During a Government Closure plan when directed by the COR.

1.24 Custom Clause – Confidentiality and Disclosure of Information

Confidentiality: All information regarding the procedures developed under this task order will be regarded as sensitive information by the Contractor and not be disclosed to anyone outside the Contractor’s organization without the written permission of the CO. All contractor employees supporting the Government on this project will be required to sign a statement of non-disclosure applicable to this task order.

Release of Data: The contractor and/or contractor personnel shall not divulge or release any data or information developed or obtained in performance of this effort without written approval of the CO. The contractor shall not use, disclose, or reproduce proprietary data that may or may not carry a restrictive legend, other than as required in the performance of this effort. Each Contractor employee shall complete a Commitment to Protect Non-Public, Sensitive Information Agreement.

Disclosure of Sensitive Information: Information made available to the contractor by the Government for the performance or administration of this effort shall be used only for those purposes and shall not be used in any other way without the written agreement of the CO. The contractor agrees to assume responsibility for protecting the confidentiality of Government records, which are not public information. Each contractor or employee of the contractor to whom information may be made available or disclosed shall be notified in writing by the contractor that such information may be disclosed only for a purpose and to the extent authorized herein.

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Limited Use of Data: Performance of this effort may require the contractor to access and use data and information proprietary to a Government agency or Government contractor which is of such a nature that its dissemination or use, other than in performance of this effort, would be adverse to the interests of the Government and/or others.

(End of Custom Clause)

Custom Clause – Return of Data

The Government shall have the right to request the Contractor to return all data provided by the Government and/or developed/generated during the performance of this requirement. The Contractor shall return all data within 15 days, upon request by the Contracting Officer. Such request can be either in writing or in email.

The Contractor shall timely convert all data, stored in electronic form, to a format, defined by the Government, within the 15-day transfer period. The Contractor shall convey such data at no-cost by the Vendor to either the Government or a designated Contractor’s storage. The Contractor shall also include source code to software developed by the Vendor for the Government.

(End of Custom Clause)

Custom Clause – Limited Use of Data

Performance of this effort may require the contractor to access and use data and information proprietary to a Government agency or Government contractor which is of such a nature that its dissemination or use, other than in performance of this effort, would be adverse to the interests of the Government and/or others.

Contractor and/or contractor personnel shall not divulge or release data or information developed or obtained in performance of this effort, until made public by the Government, except to authorize Government personnel or upon written approval of the Contracting Officer (CO). The contractor shall not use, disclose, or reproduce proprietary data that bears a restrictive legend, other than as required in the performance of this effort. Nothing herein shall preclude the use of any data independently acquired by the contractor without such limitations or prohibit an agreement at no cost to the Government between the contractor and the data owner which provides for greater rights to the contractor.

(End of Custom Clause)

Nondisplacement of Qualified Workers

(a) The contractor and its subcontractors shall, except as otherwise provided herein, in good faith offer service employees (as defined in the Service Contract Act of 1965, as amended, 41 U.S.C.

6701(3)) employed under the predecessor contract and its subcontracts whose employment would be terminated as a result of the award of this contract or the expiration of the contract under which the employees were hired, a right of first refusal of employment under this contract in positions for which those employees are qualified. The contractor and its subcontractors shall determine the number of employees necessary for efficient performance of this contract and may elect to employ

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more or fewer employees than the predecessor contractor employed in connection with performance of the work solely on the basis of that determination. Except as provided in paragraph (b), there shall be no employment opening under this contract or subcontract, and the contractor and any subcontractors shall not offer employment under this contract to any person prior to having complied fully with the obligations described in this clause. The contractor and its subcontractors shall make an express offer of employment to each employee as provided herein and shall state the time within which the employee must accept such offer, but in no case shall the period within which the employee must accept the offer of employment be less than 10 business days.

(b) Notwithstanding the obligation under paragraph (a) above, the contractor and any subcontractors (1) are not required to offer a right of first refusal to any employee(s) of the predecessor contractor who are not service employees within the meaning of the Service Contract Act of 1965, as amended, 41 U.S.C. 6701(3), and (2) are not required to offer a right of first refusal to any employee(s) of the predecessor contractor for whom the contractor or any of its subcontractors reasonably believes, based on reliable evidence of the particular employees' past performance, that there would be just cause to discharge the employee(s) if employed by the contractor or any subcontractors.

(c) The contractor shall, not less than 10 business days before the earlier of the completion of this contract or of its work on this contract, furnish the Contracting Officer a certified list of the names of all service employees working under this contract and its subcontracts during the last month of contract performance. The list shall also contain anniversary dates of employment of each service employee under this contract and its predecessor contracts either with the current or predecessor contractors or their subcontractors. The Contracting Officer shall provide the list to the successor contractor, and the list shall be provided on request to employees or their representatives, consistent with the Privacy Act, 5 U.S.C. 552a, and other applicable law.

(d) If it is determined, pursuant to regulations issued by the Secretary of Labor (Secretary), that the contractor or its subcontractors are not in compliance with the requirements of this clause or any regulation or order of the Secretary, the Secretary may impose appropriate sanctions against the contractor or its subcontractors, as provided in Executive Order (No.) 14055, the regulations implementing that order, and relevant orders of the Secretary, or as otherwise provided by law.

(e) In every subcontract entered into in order to perform services under this contract, the contractor will include provisions that ensure that each subcontractor will honor the requirements of paragraphs (a) and (b) with respect to the employees of a predecessor subcontractor or subcontractors working under this contract, as well as of a predecessor contractor and its subcontractors. The subcontract shall also include provisions to ensure that the subcontractor will provide the contractor with the information about the employees of the subcontractor needed by the contractor to comply with paragraph (c) of this clause.

OF

The contractor shall take such action with respect to any such subcontract as may be directed by the Secretary as a means of enforcing such provisions, including the imposition of sanctions for noncompliance: provided, however, that if the contractor, as a result of such direction, becomes involved in litigation with a subcontractor, or is threatened with such involvement, the contractor may request that the United States enter into such litigation to protect the interests of the United States.

(End of Clause)

(End of Section 1)

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Section 2 - CONTRACT CLAUSES

CLAUSES INCORPORATED AT THIS BASE IDIQ CONTRACT LEVEL FLOW

DOWN TO ALL RESULTING TASK ORDERS.

FAR CLAUSES INCORPORATED BY REFERENCE

FAR Clauses Title Date 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

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

May 2011

52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011 52.204-13 System for Award Management Maintenance Oct 2018 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

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services

Nov 2023

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

Sep 2013

52.223-6 Drug Free Workplace May 2001 52.223-17 Affirmative Procurement of EPA-designated items in

Service and Construction Contracts Aug 2018

52.232-37 Multiple Payment Arrangements May 1999 52.232-39 Unenforceability of Unauthorized Obligations Jun 2013 52.233-1 Alternate I

Disputes Dec 1991

52.242-13 Bankruptcy Jul 1995 52.245- 1_Alternate I

Government Property Apr 2012

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):

https://www.acquisition.gov

(End of clause) https://www.acquisition.gov/

OF

FAR 52.204-30 Federal Acquisition Supply Chain Security Act Orders-Prohibition (Dec 2023)

(a) Definitions. As used in this clause—

Covered article, as defined in 41 U.S.C. 4713(k), means—

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201– 1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

https://www.govinfo.gov/link/uscode/41/4713 https://www.govinfo.gov/link/uscode/40/11101 https://www.govinfo.gov/link/uscode/47/153 https://www.ecfr.gov/current/title-32/part-2002 https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(d) https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(d) https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(e) https://www.govinfo.gov/link/uscode/50/3003

OF

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or

(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of any covered articles, or any products or services produced or provided by a source. This applies when the covered article or the source is subject to an applicable FASCSA order. A reasonable inquiry excludes the need to include an internal or third-party audit.

Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.

Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.

Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.

(b) Prohibition.

https://www.govinfo.gov/link/uscode/44/3552

OF

(1) Unless an applicable waiver has been issued by the issuing official, Contractors shall not provide or use as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA orders as follows:

(i) For solicitations and contracts awarded by a Department of Defense contracting office, DoD FASCSA orders apply.

(ii) For all other solicitations and contracts DHS FASCSA orders apply.

(2) The Contractor shall search for the phrase “FASCSA order” in the System for Award Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders identified in paragraph (b)(1).

(3) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the solicitation and resultant contract.

(4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an amendment to the solicitation or modification to the contract (see FAR 4.2304(c)). However, see paragraph (c) of this clause.

(5)

(i) If the contractor wishes to ask for a waiver of the requirements of a new FASCSA order being applied through modification, then the Contractor shall disclose the following:

(A) Name of the product or service provided to the Government;

(B) Name of the covered article or source subject to a FASCSA order;

(C) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied or supplies the covered article or the product or service to the Offeror;

(D) Brand;

(E) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(F) Item description;

(G) Reason why the applicable covered article or the product or service is being provided or used;

(ii) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (b)(5)(i) to determine if any waiver is warranted. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise covered by a FASCSA order and to instead pursue other appropriate action.

(c) Notice and reporting requirement.

https://www.sam.gov/ https://www.acquisition.gov/far/4.2304#FAR_4_2304

OF

(1) During contract performance, the Contractor shall review SAM.gov at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s), or for products or services produced by a source subject to FASCSA order(s) not currently identified under paragraph (b) of this clause.

(2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the Contractor shall conduct a reasonable inquiry to identify whether a covered article or product or service produced or provided by a source subject to the FASCSA order(s) was provided to the Government or used during contract performance.

(3)

(i) The Contractor shall submit a report to the contracting office as identified in paragraph (c)(3)(ii) of this clause, if the Contractor identifies, including through any notification by a subcontractor at any tier, that a covered article or product or service produced or provided by a source was provided to the Government or used during contract performance and is subject to a FASCSA order(s) identified in paragraph (b) of this clause, or a new FASCSA order identified in paragraph (c)(2) of this clause. For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order.

(ii) If a report is required to be submitted to a contracting office under (c)(3)(i) of this clause, the…