19-100-SOL-00003.pdf

Attachment 1- SF 1449 Continuation Sheet.

Type of Contract This is a renewal requirement. This requirement is anticipated to be a single Indefinite Delivery Indefinite Quantity (IDIQ) award to provide disaster recovery technical assistance for a base period of twelve (12) months with four (4) twelve (12) month option periods. The contract type will be a hybrid contract: Fixed Firm Price (FFP) base IDIQ; and FFP, Time & Materials (T&M) or Labor Hour (LH) Task Orders (TO). This requirement is a total 100% set-side for Women-Owned Small Business concerns (WOSB). The solicitation is issued as a Request for Proposal (RFP) utilizing Federal Acquisition Regulation, Part 15, Contracting by Negotiation. This IDIQ does not obligate funds. The Government is obligated only to the extent of authorized orders actually made against the IDIQ.

Maximum/Minimum IDIQ Limitation

The basic IDIQ maximum dollar amount will be $100,000,000.00 and the minimum dollar amount will be $2,000.00 for the base and four (4) option periods.

Task Order (TO) Placement Procedures

The disaster recovery technical assistance requirements shall be obtained on an as-needed basis, through the issuance of TOs.

SECTION C DESCRIPTION OF WORK/SPECIFICATIONS

The Statement of Work (SOW) is included at Attachment 2.

SECTION E INSPECTION AND ACCEPTANCE

Inspection and acceptance shall be made at destination by the Government.

SECTION F DELIVERIES OR PERFORMANCE

The period of performance will be a twelve (12) month base from the date of the IDIQ award with four (4) one (1) year options. TOs may be issued at any time during the base and/or option period. The performance periods will be specified in the TOs.

SECTION G – CONTRACT ADMINISTRATION DATA

a. CONTRACTING OFFICER- The Contracting Officer (CO) is the only individual authorized to redirect the effort or in any way, amend or modify any of the terms of this requirement/IDIQ/Task Orders.

b. Only the Contracting Officer at ASPR, Office of Resource Management, Contracting & Grants, is authorized to issue Task Orders off of the IDIQ.

c. IDIQ/Task Order Ombudsman: The Department of Health and Human Services (HHS) Competition

Advocate will be assigned as the Ombudsman.

d. CONTRACTING OFFICER'S REPRESENTATIVE- The Contracting Officer’s Representative (COR) will be designated in writing on authority of the CO to monitor and coordinate all technical aspects and assist in the administration of the overall IDIQ. The COR will be identified at award.

SECTION H – SPECIAL CONTRACT REQUIREMENT

H.16. ELECTRONIC INFORMATION AND TECHNOLOGY ACCESSIBILITY NOTICE

a. Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998 and the Architectural and Transportation Barriers Compliance Board Electronic and Information (EIT) Accessibility Standards (36 CFR part 1194), require that when Federal agencies develop, procure, maintain, or use electronic and information technology, Federal employees with disabilities have access to and use of information and data that is comparable to the access and use by Federal employees who are not individuals with disabilities, unless an undue burden would be imposed on the agency. Section 508 also requires that individuals with disabilities, who are members of the public seeking information or services from a Federal agency, have access to and use of information and data that is comparable to that provided to the public who are not individuals with disabilities, unless an undue burden would be imposed on the agency.

b. Accordingly, any Offeror responding to this solicitation must comply with established HHS EIT accessibility standards. Information about Section 508 is available at http://www.hhs.gov/web/508. The complete text of the Section 508 Final Provisions can be accessed at http://www.access-board.gov/sec508/standards.htm.

c. The Section 508 accessibility standards applicable to this solicitation are stated in the clause at 352.239- 74, Electronic and Information Technology Accessibility.

In order to facilitate the Government's determination whether proposed EIT supplies meet applicable Section 508 accessibility standards, Offerors must submit an HHS Section 508 Product Assessment Template, in accordance with its completion instructions. The purpose of the template is to assist HHS acquisition and program officials in determining whether proposed EIT supplies conform to applicable Section 508 accessibility standards. The template allows Offerors or developers to self-evaluate their supplies and document--in detail--whether they conform to a specific Section 508 accessibility standard, and any underway remediation efforts addressing conformance issues. Instructions for preparing the HHS Section 508 Evaluation Template are available under Section 508 policy on the HHS Web site http://hhs.gov/web/508.

In order to facilitate the Government's determination whether proposed EIT services meet applicable Section 508 accessibility standards, Offerors must provide enough information to assist the Government in determining that the EIT services conform to Section 508 accessibility standards, including any underway remediation efforts addressing conformance issues.

d. Respondents to this solicitation must identify any exception to Section 508 requirements. If a Offeror claims its supplies or services meet applicable Section 508 accessibility standards, and it is later determined by the Government, i.e., after award of a contract or order, that supplies or services delivered do not conform to the described accessibility standards, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its expense.

(End of provision)

SECTION I APPLICABLE CLAUSES AND PROVISIONS

APPLICABLE PROVISIONS INCORPORATED BY REFERENCE

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 http://www.hhs.gov/web/508 http://www.access-board.gov/sec508/standards.htm http://www.access-board.gov/sec508/standards.htm http://hhs.gov/web/508 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):

http://farsite.hill.af.mil/vffara.htm.

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions, SEP 2007

52.203-18 – Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation, JAN 2017

52.204-16 Commercial and Government Entity Code Reporting, JUL 2016

52.207-1 Notice of Standard Competition, MAY 2006

52.212-1 Instructions to Offerors- Commercial Items, AUG 2018

52.215-1, Instructions to Offerors, JAN 2017

52.216-31 Time-and-Materials/Labor-Hour Proposal Requirements - Commercial Item, FEB 2007

52.222-46 Evaluation of Compensation for Professional Employees, FEB 1993

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certifications, AUG 2018

52.237-10, Identification of Uncompensated Overtime, MAR 2015

APPLICABLE CLAUSES INCORPORATED BY REFERENCE

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 address: http://farsite.hill.af.mil/vffara.htm.

52.202-1 Definitions, NOV 2013

52.203-3 Gratuities, APR 1984

52.203-12 Limitation on Payments to Influence Certain Federal Transactions, OCT 2010

52.203-16 – Preventing Personal Conflicts of Interest, DEC 2011

52.203-17 Contractor Employee Whistleblower Rights, APR 2014

52.203-19 – Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements, JAN 2017

52.204-4 Printed or Copied Double-Sided Paper, MAY 2011

52.204-7 System for Award Management, OCT 2016

52.204-9 Personal Identity Verification of Contractor Personnel, JAN 2011

52.204-13 SAM Maintenance, OCT 2016

52.204-18 Commercial and Government Entity Code Maintenance, JUL 2016

52.204-19 Incorporation by Reference of Representations and Certifications, DEC 2014

52.209-6 Protecting the Government's Interest When Subcontracting with Contractor's Debarred, OCT 2015

52.212-4 Contract Terms and Conditions - Commercial Items, ALT I, JAN 2017 http://farsite.hill.af.mil/vffara.htm

52.212-4 (Alternate I), Contract Terms and Conditions- Commercial Items, JAN 2017

52.215-2, Audit and Records-Negotiation, OCT 2010

52.215-8, Order of Precedence -- Uniform Contract Format, OCT 1997

52.223-5 Pollution Prevention and Right-to-Know Information, MAY 2011

52.227-1 Authorization and Consent, DEC 2007

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement, DEC 2007

52.227-14 Rights in data- general, ALT II, DEC 2007

52.228-5 Insurance-Work on a Government Installation, JAN 1997

52.232-7 Payments Under Time & Materials and Labor Hour Contracts, AUG 2012

52.232-17 Interest, MAY 2014

52.232-23 Assignment of Claims – Alt 1, APR 1984

52.232-39 Unenforceability of Unauthorized Obligations, JUN 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors, DEC 2013

52.233-1 Disputes, Alt 1, MAY 2014

52.237-2, Protection of Government Buildings, Equipment, and Vegetation, APR 1984

52.242-13 Bankruptcy. JUL 1995

52.243-1 Changes, ALT II, APR 1984

52.243-3, Changes Time-and-Materials or Labor-Hours, SEP 2000

52.244-2 – Subcontracts, OCT 2010

52.245-1 Government Property, JAN 2017

52.245-9 Use and Charges, APR 2012

52.246-2, Inspection of Supplies -- Fixed-Price, AUG 1996

52.246-4, Inspection of Services -- Fixed-Price, AUG 1996

52.246-6, Inspection -- Time-and-Material and Labor-Hour, MAY 2001

52.246-16, Responsibility for Supplies, APR 1984

52.246-25, Limitation of Liability – Services, FEB 1997

52.249-14, Excusable Delays, APR 1984

52.249-2 Termination for Convenience of the Government (Fixed-Price), APR 2012

52.249-8 Default (Fixed-Price Supply and Service), APR 1984

52.253-1 -- Computer Generated Forms, JAN 1991

PROVISIONS INCORPORATED BY FULL TEXT

52.212-1 Instructions to Offerors-Commercial Items AUG 2018 Addendum

a. Offerors’ proposals shall consist of all five (5) sections (section I, II, III, IV, and V) required in this

RFP. One copy per section is required. Each section should be a separate file. Offerors are to prepare the proposals in accordance with the following:

For Sections I, II, III, IV, and V, the format shall be: 8.5”x11” pages using 1” margins, single-sided, single line spacing, and 12-point legible font. A smaller font size may be used for graphics and tables so long as the text is fully legible.

The offeror should pay attention to maximum pages allowed per section. If the offeror submits more pages than allowed, the remaining pages will not be reviewed/considered. Everything is included in the page limitation to include any cover pages, appendices, contents page, etc.

Our system only allows for a maximum of 25MB for external incoming emails. Any email exceeding 25MB will not be delivered. Multiple emails maybe required to deliver all of the sections.

The Government will not be obligated to pay any costs incurred by any Offeror in the preparation and submission of a proposal in response to this RFP. Offerors must be registered in SAM at the time the solicitation is posted.

b. Response must include, at a minimum, the following:

(1) Section I – Cover Page

The cover page shall not exceed two (2) pages and must include the following information:

(a) Name of organization

(b) Date proposal is submitted. Proposals shall be valid for ninety (90) days from the date of submission.

(c) Contractor’s DUNS number and CAGE Code.

(d) Point of contact for contract administration.

(e) Points of contact for representatives responsible for the proposal submission.

(f) Signature of an officer of the proposing firm with the authority to commit the firm.

(2) Section II – Factor 1: Technical Approach

The offeror shall submit a technical proposal for Factor 1: Subfactors 1 through 7, for a maximum of forty (40) pages in length. The offeror shall demonstrate the Offerors understands of the Statement of Work (SOW) (Attachment 2), and not simply restate the contents of the SOW. See FAR Clause 52.212-2 Evaluation-Commercial Items, for evaluation factors.

(3) Section III, Factor 2: Management Plan

The offeror shall submit a Management Plan for Factor 2: Subfactors 1 through 3, for a maximum of twenty (20) pages in length. The offeror shall demonstrate the Offerors understands of the

Statement of Work (SOW) (Attachment 2), and not simply restate the contents of the SOW. See FAR Clause 52.212-2 Evaluation-Commercial Items, for evaluation factors.

(4) Section IV, Factor 3: Price/Cost Factor

The pricing schedule shall include pricing for each item on the pricing schedule, for the base and 4 option periods. There are no page limitations for section V-Price/Cost Factor, since the offeror shall fill out Attachment 2- Pricing Schedule with their proposal. Pricing shall include the fully burdened rate for each labor category. If the offeror needs to add any other pricing information, then it shall not exceed five (5) pages.

(5) Section V, Factor 4: Past Performance

There are three aspects to the past performance evaluation: recency, relevancy, and quality. The offeror shall describe its past performance on directly related or similar contracts it has held within the last three years from the date of the solicitation which are similar scope, magnitude and complexity to that which is detailed in the SOW. Contactors that describe similar contracts shall provide a detailed explanation demonstrating the similarity of the contracts to the requirements of the SOW. The offeror shall provide no more than five past performance references. In determining the rating for the past performance evaluation factor, the Government will give greater consideration to the contracts which are most relevant to the SOW and how well the offeror performed on prior contracts. The offeror shall submit their past performance information, a maximum of fifteen (15) pages in length (includes any cover pages, etc.). The offeror shall provide no more than five past performance references (questionnaires). If the past performance information is in CPARS, no submission is necessary. If CPARs input is not on file for the past performance on the previous contracts, provide a past performance questionnaire (Attachment 5) to the customer and have the customer fill out the form and submit it directly to the Contracting Officer before the closing date/time of the solicitation. The past performance questionnaire shall not be submitted directly from the offeror to the Contracting Officer. The surveys will not count towards the 15 page limitation for past performance.

52.212-2 -- Evaluation -- Commercial Items (Oct 2014)

Basis for Award

Award will be made based on the Government's determination of best-value, using tradeoffs, in accordance with FAR 15.101-1. Technical, Management Plan Evaluation Factors and Subfactors, Past Performance when combined, are significantly more important than Price and are of equal importance. The importance of price as a factor will increase as the Technical, Management Plan, and Past Performance evaluation Factors and Subfactors become closer in merit. There are three aspects to the Past Performance evaluation: recency, relevancy, and quality. Past Performance will be evaluated to determine whether the offeror’s present/past performance is recent, and relevant or not relevant to the requirement and how well the offeror performed on the prior contracts. The government reserves the right to award without discussions. If discussions are deemed necessary and are held, the Government may establish a competitive range comprised of all of the most highly rated proposals, unless the range is further reduced for purposes of efficiency. The government anticipates selecting the best suited contractor from initial responses, without engaging in exchanges with offerors. Offerors are strongly encouraged to submit their best proposals in response to this RFP. Once the Government determines the offeror that is the best suited (the apparent successful offeror), the government reserves the right to communicate with only that offeror to address any remaining issues, if necessary, and finalize an award with that offeror. If the parties cannot successfully address any remaining issues, as determined pertinent at the sole discretion of the government, the government reserves the right to communicate with the next best suited offeror based on the original analysis and address any remaining issues. Once the Government has begun communications with the next best suited offeror, no further communications with the previous offeror will be entertained until after the IDIQ has been awarded.

This process shall continue until an agreement is successfully reached and the contract is awarded. A single award IDIQ is anticipated. However, if one offerors proposal is not acceptable for all 8 tasks in the Statement of Work, multiple awards maybe awarded.

This requirement is a total 100% set a-side for Woman-Owned Small Business (WOSB).

Factor 1: Technical Approach

Subfactor 1: The extent to which the offeror demonstrates a clear understanding of the SOW, goals, requirements and issues upon which the project will focus, and aligns those facts and vision to the purpose, scope and design with the mission of Disaster Recovery

Subfactor 2: The extent to which the offeror demonstrates expertise, knowledge, and experience in supply chain management and logistics planning.

Subfactor 3: The extent to which the offeror demonstrates expertise, knowledge, and experience in providing information technology expertise to provide helpdesk services, monitor, or conduct maintenance of IT systems such as PCs and laptops with Window operating systems.

Subfactor 4: The extent to which the offeror demonstrates the technical competencies needed to promote the mission of Disaster Recovery, to complete the necessary work on time, and to offer suggestions and recommendations on post-disaster recovery issues to include public health, health systems, behavioral health, environmental health, children and youth in disasters, and other related health and social services issues

Subfactor 5: The extent to which the offeror demonstrates the ability to collaborate with HHS SME’s, personnel from a variety of HHS Operating Divisions (OPDIVs) and Staff Divisions (STAFFDIVs), other government officials, various subcontractors, and State and Local program representatives

Subfactor 6: The extent to which the offeror can show that they can write clearly written reports ready for publication and free of grammatical, spelling, and formatting errors for wide distribution to a highly varied array of community representatives, state government officials, and other federal officials

Subfactor 7: The extent to which the offeror can show they have the knowledge and experience in providing 508 compliant documents. The offeror shall also fill in and submit attachment 4, 508 form with their proposal.

Factor 2: Management Plan

Subfactor 1: Quality control and quality assurance Subfactor 2: Conflict of interest precautions Subfactor 3: Program management approach

Factor 3: Price/Cost Factor

The Government will evaluate the reasonableness of the Offeror’s proposed price by examining the price of each firm’s proposed line item prices listed in Attachment 6 – Pricing Schedule. The Government will evaluate whether the Offeror has completely and clearly addressed the proposed price. The Government may determine that a proposal is unacceptable if the proposed prices are significantly unbalanced.

Offerors are advised that the Option to Extend Services Clause at 52.217-8 is included in this solicitation and will be included in the award. When proposing prices for base and options, Offerors should consider that the government may choose to exercise the option to extend services at the end of any period of performance (base or option periods), utilizing the rates in effect during the period of performance in which the option is exercised.

For example, if FAR 52.217-8 is exercised at the end of Option Period One (1), the rate(s) in effect for Option Period 1 will be the same rate(s) applicable for the extension period, regardless if FAR 52.217-8 is exercised for the full 6-month period or in increments. For purposes of evaluation, the government assumes that any price proposed for base and option periods reflects the possibility that a period of performance may be extended.

Factor 4: Past Performance

There are three aspects to the past performance evaluation: recency, relevancy, and quality. The offeror shall describe its past performance on directly related or similar contracts it has held within the last three years from the date of the solicitation which are similar scope, magnitude and complexity to that which is detailed in the SOW. Contactors that describe similar contracts shall provide a detailed explanation demonstrating the similarity of the contracts to the requirements of the SOW. The offeror shall provide no more than five past performance references. In determining the rating for the past performance evaluation factor, the Government will give greater consideration to the contracts which are most relevant to the SOW and how well the offeror performed on prior contracts. The contractor shall provide the following information regarding its past performance:

1. Contract Number(s).

2. Name of company, reference point of contract, phone number, and e-mail address at the Government or Commercial entity for which the contract was performed.

3. Dollar Value of the contract.

4. Detailed description of the work performed.

5. Name of subcontractors used, if any, and a description of the extent of work performed by the subcontractor(s).

6. The number, type and severity of any quality, delivery or cost problems in performing the contract, the corrective action taken and effectiveness of the corrective action.

7. If CPARs input is not on file for the past performance on the previous contracts, provide a past performance questionnaire (Attachment 5) to the customer and have the customer fill out the form and submit it directly to the Contracting Officer.

The Government reserves the right to obtain information or use in the evaluation of past performance from any and all sources. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror may not be evaluated favorably or unfavorably on past performance, therefore will receive a neutral rating.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

52.216-1 Type of Contract (Apr 1984)

The Government contemplates award of a single IDIQ contract. It will consist of a hybrid Firm Fixed Price (FFP) base IDIQ with FFP, Labor Hour (LH) and/or Time and Materials (T&M) Task Orders resulting from this solicitation.

52.216-27 Single or Multiple Awards (Oct 1995)

The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation.

(End of provision)

52.217-5 -- Evaluation of Options (Jul 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of Provision)

352.239-73 Electronic Information and Technology Accessibility Notice (December 18, 2015)

(a) Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998 and the Architectural and Transportation Barriers Compliance Board Electronic and Information (EIT) Accessibility Standards (36 CFR part 1194), require that when Federal agencies develop, procure, maintain, or use electronic and information technology, Federal employees with disabilities have access to and use of information and data that is comparable to the access and use by Federal employees who are not individuals with disabilities, unless an undue burden would be imposed on the agency. Section 508 also requires that individuals with disabilities, who are members of the public seeking information or services from a Federal agency, have access to and use of information and data that is comparable to that provided to the public who are not individuals with disabilities, unless an undue burden would be imposed on the agency.

(b) Accordingly, any offeror responding to this solicitation must comply with established HHS EIT accessibility standards. Information about Section 508 is available at http://www.hhs.gov/web/508. The complete text of the Section 508 Final Provisions can be accessed at http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards.

(c) The Section 508 accessibility standards applicable to this solicitation are stated in the clause at 352.239-74, Electronic and Information Technology Accessibility.

In order to facilitate the Government’s determination whether proposed EIT supplies meet applicable Section 508 accessibility standards, offerors must submit an HHS Section 508 Product Assessment Template, in accordance with its completion instructions. The purpose of the template is to assist HHS acquisition and program officials in determining whether proposed EIT supplies conform to applicable Section 508 accessibility standards. The template allows offerors or developers to self-evaluate their supplies and document—in detail—whether they conform to a specific Section 508 accessibility standard, and any underway remediation efforts addressing conformance issues. Instructions for preparing the HHS Section 508 Evaluation Template are available under Section 508 policy on the HHS website http://www.hhs.gov/web/508.

In order to facilitate the Government’s determination whether proposed EIT services meet applicable Section 508 accessibility standards, offerors must provide enough information to assist the Government in determining that http://www.hhs.gov/web/508 http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards http://farsite.hill.af.mil/reghtml/regs/other/hhsar/352.htm#P529_112287 http://www.hhs.gov/web/508 the EIT services conform to Section 508 accessibility standards, including any underway remediation efforts addressing conformance issues.

(d) Respondents to this solicitation must identify any exception to Section 508 requirements. If a offeror claims its supplies or services meet applicable Section 508 accessibility standards, and it is later determined by the Government, i.e., after award of a contract or order, that supplies or services delivered do not conform to the described accessibility standards, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its expense.

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders --

Commercial Items (Aug 2018)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan

2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act

2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and

Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19

U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I

(Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009

(Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and

Reinvestment Act of 2009).

_X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub.

L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

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

Div. C).

_X_(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) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013)

(41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___(ii) Alternate I (Nov 2011) of 52.219-3.

_X_ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct

2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

_X_ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (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 (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Aug 2018) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

_X_ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15

U.S.C. 657f).

_X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged

Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

_X_ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business

Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

_X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

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

_X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

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

_X_(31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

_X_(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

(E.O. 13496).

_X_(33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

13627).

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

__X_(34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items

(May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

___(36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons

(Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (Jun 2016) (E.O. 13693).

___(38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

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

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and

13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (41) (i) 52.223-16, Acquisition of EPEAT -Registered Personal Computer Products (Oct 2015) (E.O.s

13423 and 13514).

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

_X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011)

(E.O. 13513).

___(43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___(44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

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

_X_ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

_X_ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C.

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-

43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___(48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_(49) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct

2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10

U.S.C. 2302 Note).

___(51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___(52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42

U.S.C. 5150).

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___(54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

_X_ (55) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013)

(31 U.S.C. 3332).

___(56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management

(Jul 2013) (31 U.S.C. 3332).

___(57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).

___(60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

___ (iii) Alternate II (Feb 2006) of 52.247-64.

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

[Contracting Officer check as appropriate.]

_X_ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

___ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41

U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment

(Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment

(May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter

67).

___(7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for

Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.

1792).

___ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller

General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

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

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

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the

Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-

91).

(iv) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

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

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-

40.

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

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and

E.O. 13627).

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May

2014) (41 U.S.C. chapter 67.)

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

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

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

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct

2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;

10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42

U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of Clause)

52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the start date of the basic IDIQ through the end date of the last option period.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the

Schedule.

(End of clause)

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $1M;

(2) Any order for a combination of items in excess of $1M; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the

Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within

15 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and

Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the end date of the last option period.

FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of contract expiration.

(End of Clause)

FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days of contract expiration; provided…