191NLE20Q0061 Statement of Work.pdf

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act.

See FAR 3.104

SENSITIVE BUT UNCLASSIFIED

Bureau of International Narcotics and Law Enforcement Affairs (INL)

INL/KM/CET

191NLE20Q0061

Domestic Training Facility and Services

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LIST OF SECTIONS AND APPENDICES

Section 1 - Solicitation Considerations

Section 2 - Submission Information Pertaining to Request for Quote

Section 3 - Quote Submission Format and Requirements

Section 4 - Statement of Work (SOW)

Section 5 - Basis of Award and Evaluation Criteria

Section 6 - Contract Clauses

Appendix A - Technical Specifications of Items

Appendix B - Performance Requirements

Appendix C - Past Performance Profile

(Rest of Page Intentionally Left Blank)

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SECTION 1

SOLICITATION CONSIDERATIONS

SYSTEM FOR AWARD MANAGEMENT

This solicitation requires registration with the System for Award Management (SAM) prior to award, pursuant to FAR 4.1102 and other applicable regulations and guidelines. Information can be found at www.sam.gov.

TRADE AGREEMENTS ACT (19 U.S.C. 2512(A)) (TAA)

Pursuant to the Trade Agreements Act (19 U.S.C. 2512(a)) (TAA), Federal acquisitions of supplies may be made only from offerors that shall supply products of an eligible country under any of the free trade agreements entered into pursuant to the TAA. An article is considered a product of a country only if it is wholly a product of that country or if it has been, substantially transformed, in that country into a new and different article of commerce with a name, character, or use distinct from that of the original article(s). Note that any item that is a discreet article as it is sold in commerce, regardless of its ultimate function or use, cannot be considered, substantially transformed, and based solely on its integration into IT or other systems

UNAUTHORIZED DISCLOSURE

The Contractor and its employees shall exercise the utmost discretion concerning all matters relating to their duties and functions. They shall not communicate to any person any information known to them by reason of their performance of services under this contract, which has not been made public, except in the necessary performance of their duties or upon written authorization of the Contracting Officer.

All documents and records (including photographs) generated during the performance of work under this contract shall be for the sole use and become the exclusive property of the U.S

Government. Furthermore, no article, book, pamphlet, email, recording, broadcast, speech television appearance, film or photograph concerning any aspect of work performed under this contract shall be published or disseminated through any media without the prior written authorization of the Contracting Officer. These obligations do no cease upon the expiration or termination of this contract. The Contractor shall include the substance of this provision in all contracts of employment and in all subcontracts hereunder.

See FAR 3.104 for additional information.

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SECTION 2

SUBMISSION INFORMATION PERTAINING TO REQUEST FOR QUOTE

INFORMATION TO CONTRACTOR

Contractors are reminded that information furnished under this Request for Quote (RFQ) may be subject to disclosure under the Freedom of Information Act (FOIA). Therefore, all items that are confidential to business or that contain trade secrets or proprietary or personnel information shall be clearly marked. Marking of items shall not necessarily preclude disclosure when Department of State (DOS) determines disclosure is warranted by FOIA. However, if such items are not marked, all information contained within the submitted documents shall be deemed releasable.

QUESTIONS CONCERNING THE REQUEST FOR PROPOSAL

Offerors are warned against contacting any INL personnel other than the Contracting Officer and

Contract Specialist prior to award of the Contract resulting from this RFQ. If such a contact occurs and found to be prejudicial to competing vendors, the vendor making such a contact may be excluded from award consideration.

No information concerning this RFQ shall be provided in response to telephone calls. All such requests shall be submitted in writing to the Contract Support Specialist via email.

Question and Answer Period

Answers to inquiries/questions, if given, shall be provided in writing to all vendors being solicited, via email.

Written questions relating to this RFQ shall be accepted through:

Question and Answer Period 1:

5:00 P.M. (local Washington D.C. time) Friday, 3 July 2020.

Any communications in reference to this RFQ shall cite the reference section title and page number, and directed to the following individual:

Name: Marisa Perez

Title: Contract Support Specialist

E-mail: Perezmc2@state.gov

NOTICE OF RFQ CLOSING DATE AND TIME

All offers shall be submitted to the designated Government Representative, via email.

Proposals relating to this RFQ shall be accepted through:

Closing Date and Time:

12:00 P.M. (local Washington D.C. time) on the following date: Wednesday 15 July

2020.

mailto:Perezmc2@state.gov

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Any communications in reference to this RFQ shall cite the reference section title and page number, and directed to the following individual:

Name: Marisa Perez

Title: Contract Support Specialist

E-mail: Perezmc2@state.gov

PERIOD OF ACCEPTANCE OF OFFERS

All Quotes must be valid for 90 days from the closing date for this solicitation. Contractors shall agree, if the proposal is accepted within ninety (90) calendar days (unless a greater period is inserted by the contractor) from the date specified in the solicitation for receipt of proposals, to furnish any or all of the requirements upon which prices are proposed at the price set opposite each item, performed and/or delivered at the designated point(s) within the time specified. No exceptions or qualifications

CONTRACTOR RELATIONSHIPS

The Department of State (DOS) encourages the use of subcontractors. In addition, the

Department requires that any potential Organization Conflict of Interest be identified in the proposal to ensure proper firewalls established prior to award.

MULTIPLE PROPOSALS/ALTERNATIVE SOLUTIONS

Contractors shall not submit, nor shall the Government accept or evaluate, multiple proposals offering alternative solutions. Contractors shall not submit, nor shall the Government accept or evaluate, multiple solutions within one proposal.

GENERAL REQUIREMENT

The Government contemplates awarding a SINGLE Best Value Firm Fix Price Services

Contract to an acceptable responsible vendor who meets the Governments requirement. This

Request for Proposal (RFP) seeks proposals to meet its requirements as defined below.

mailto:Perezmc2@state.gov

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SECTION 3

QUOTE SUBMISSION FORMAT AND REQUIREMENTS

SELLER REQUIREMENTS

All responsible vendors that submit quotations pursuant to the requirements outlined in this document and the applicable socio-economic set-aside shall be considered by INL.

GOVERNMENT POINT OF ENTRY

Pursuant to FAR Subpart 5.1 Dissemination of Information (a)(1) this solicitation is posted to

Beta.Sam.Gov.

FORMAT FOR TECHNICAL AND COST/PRICE QUOTATION

File Format Requirements

Vendors’ technical proposals / price quotations shall:

Be viewable in either: Microsoft Word 2010, Excel 2010, PowerPoint 2010, Adobe

Reader XI, or Adobe Acrobat Pro X (as applicable and appropriate).

Limit the number of pages to no more than twenty (20), 12 Point Font, Times New

Roman (excluding information on Past Performance and References).

Vendor shall be limited to no more than five (5) separate digital files for a proposal package.

FORMATTING REQUIREMENTS:

Contractors shall submit one electronic copy of Volume I (Technical Quote) and Volume II

(Cost/Price Quote). Volume I shall be on a separate electronic file from Volume II. Please refer to Section 5 “Basis of Award and Evaluation Criteria” for award specifics.

The electronic copy, upon file opening and display on the computer monitor, shall appear exactly as the printed hard copy quote submission with the same font size restriction.

Contractors should use a Read and Delivered Receipt to ensure timely submission as well as to ensure that the USG received the proposed Quote.

At a minimum, the package should include Volume I, Volume II, Pass performance, and

References.

If a contractor has a Forward Rate Pricing Agreement (FAR 42.1701) with the Department of

State, the contractor shall disclose that information in their price proposal.

Price: Firm fixed prices for all offered services (identify any discounts offered) shall be included in the SF-1449. Include any additional delivery charges, and cost of warranty.

Description: Description/nomenclature of the item being quoted; product literature may be provided. Quotation must demonstrate compliance with all required features and specifications as outlined in the RFQ (i.e. Appendix A). Also include description of warranty terms, special features or value-added items and services, and any non-contract items (i.e. open market items).

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Proposals that include only the information found in the solicitation (e.g., copied/pasted) will not be considered a complete proposal.

DUNS and SAM: Include DUNS number and statement that the vendor is registered in SAM as appropriate business type under referenced NAICS code. (See section 4 “SOW”)

Certifications: Completed certifications (FAR 52.212-3) or statement that the certifications are included already at the SAM web site (sam.gov).

Past Performance: The offeror shall provide a minimum of two (2) and a maximum of three (3)

Past Performance Contract Profiles that are directly relevant to the required effort and are of similar size (dollar value), scope (substantially similar services) and complexity (degree of difficulty)

Warranty: Should a warranty be required, a complete description of all warranty terms and conditions must be included in the proposal.

Product Images Required – Yes/No: YES If marked “YES,” the vendor must provide color photographs, clearly depicting the items described in “APPENDIX A” of this solicitation. This requirement does not apply to Line Items that do not reference physical products incapable of being photographed, such as training services or warranty. The USG reserve the right to conduct a site visit(s).

Government reserves the right to disqualify offerors that do not submit all required documentation, otherwise do not comply with the above proposal restrictions, or any other requirements outlined in this document.

Additional information regarding offeror submissions may be found in Section 2, “SUBMISSION INFORMATION PERTAINING TO REQUEST FOR QUOTE”

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SECTION 4

STATEMENT OF WORK (SOW)

INL Training Venue

DESCRIPTION OF SERVICES/INTRODUCTION

The contractor shall provide all facilities, personnel, materials, and non-personal services necessary to perform the requirements as defined in this Statement of Work (SOW). The following SOW outlines the goals, requirements, and instructions for a contract between the

Department of State Bureau of International Narcotics and Law Enforcement Affairs (INL) and a chosen offeror (the contractor) to provide a facility for INL’s Pre-Deployment Training Program

(PTP) and any other training as needed for the Office of Knowledge Management (INL/KM) and/or other INL training programs.

BACKGROUND

The U.S. Department of State is the lead institution for the conduct of American diplomacy and the Secretary of State is the President’s principal foreign policy advisor.

The Department of State’s mission is to advance U.S. national security interests, fight terrorism, protect U.S. interests abroad, and implement foreign policy initiatives that build a freer, prosperous and secure world.

INL keeps Americans safe at home by countering international crime, illegal drugs, and instability abroad. INL helps countries deliver justice and fairness by strengthening their police, courts, and corrections systems. These efforts reduce the amount of crime and illegal drugs reaching U.S. shores.

The INL/KM/CET Division is dedicated to delivering excellence in internal-to-INL and foreign assistance related training. Within CET is the Internal Training Team (ITT). Their mission is to empower INL with the knowledge, skills, and opportunities to accomplish our mission. ITT accomplishes this through training, professional development, and continuing education, including existing programs such as pre-deployment training for INL advisors.

INL implements a number of programs worldwide to help develop law enforcement and criminal justice systems, a key element of which is that INL deploys police, justice, corrections and counternarcotic advisors to multi-lateral and bilateral criminal justice reform missions and programs in partner nations around the world.

INL/KM office is responsible for creating, delivering, and monitoring professional training to police, corrections, counternarcotic and justice subject matter experts assigned to INL funded criminal justice assistance overseas programs that will be conducted at the INL training venue

A review of training data for calendar year 2019 revealed that INL and its contractors trained 65 advisors. There was, on average, 10 class each year, on a monthly basis.

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SCOPE

The vendor shall provide ALL items stated under APPENDIX A, TECHNICAL

SPECIFICATION OF ITEMS of this RFQ.

TYPE OF CONTRACT

This is a Best Value Firm-Fixed Services contract, single award with optional quantities. No additional sums shall be payable on account of any escalation in the cost of materials, equipment or labor, or because of the Contractor’s failure to properly estimate or accurately predict these prices or difficulty of achieving the results required by this contract. Nor shall the contract price be adjusted on account of fluctuations in the currency exchange rates.

Items outlined under Appendix A Technical Specification of Items below, shall meet or exceed the salient characteristics as detailed. Vendors submitting a response to this solicitation certify that they meet the criteria of the Set Aside under NAICS 721110- Hotels (except Casino

Hotels) and Motels. The size standard for NAICS 721110 is $35,000,000.

PERIOD OF PERFORMANCE

The period of performance will be one year base period beginning from the date of award with four one (1) year options periods.

EFFECTIVE PERIOD OF CONTRACT

This contract shall be effective on the date of the Contracting Officer's signature and shall remain valid until all services have been rendered.

SET-ASIDE

This acquisition is Total Small Business Set-Aside accordance with FAR 6.203.

ACQUISITION METHOD

FAR Part 13 Subpart 13.5 – Simplified Procedures for Certain Commercial Items

SUPPLIES AND PRICES

The Contractor shall provide to the U.S. Government the services as described in the specifications for the stated Best Value Firm Fixed Services contract price.

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SECTION 5

BASIS OF AWARD AND EVALUATION CRITERIA

BASIS OF AWARD

The Government anticipates issuing a Purchase Order to the Vendor whose Quote provides the

Best Value to the Government, price, and other factors considered.

The Government; intends to evaluate proposals and award a contract without discussions with offerors; reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary; and reserves the right to eliminate from consideration for award any or all offers at any time prior to award of the contract.

AUTHORIZATIONS AND EQUIPMENT REQUIREMENTS

The seller certifies that it is an authorized distributer of the similar product being sold to the

Department of State and that it has the certification/specialization level required by the manufacturer, to support both the product sale and product pricing, in accordance with applicable manufacturer certification/specialization requirements. Unless otherwise specified, Seller warrants that the products are new and in their original box(es).

New equipment ONLY, NO grey market or refurbished products. Items shall be in original packaging, never used, and not altered in any way. Components of the requested equipment, to include memory, shall be manufacturer-approved and may not be compatible, remanufactured, or refurbished equipment. All items shall be covered by manufacturer’s warranty and procured through a manufacturer approved distribution channel. Sellers shall be able to document their ability to provide items through manufacturer approved distribution channels upon request.

The Seller confirms to have sourced all products submitted in this Quote from manufacturer-approved channels for Federal sales, in accordance with all applicable laws and manufacturer’s current applicable policies at the time of purchase. Seller shall be able to support both the product sale and product pricing, in accordance with applicable manufacturer certification / specialization requirements.

If software is provided or included, Seller shall, upon request, provide Buyer with a copy of the

End User License Agreement. Seller certifies that all software is licensed originally to Buyer as the original licensee authorized to use the software.

EVALUATION FACTORS: BEST VALUE.

The Government contemplates the award of a firm, fixed price daily rate/person contract to the responsible offeror whose offer conforms to the requirements of the solicitation and is evaluated as being the most advantageous to the Government, cost or price and other factors considered.

The Government will award based on a best value determination and the Government’s best interests. For this RFP, technical merit is significantly more important than cost or price. Award will not be automatically determined by numerical calculation or formula relationship between cost or price and technical merit. As technical merit of the offerors proposals becomes more equal, the evaluated cost or price may become the determining factor.

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The Contracting Officer shall determine what trade-off between technical merit and cost or price promises the greatest value to the Government, cost or price and other factors considered. The

Department reserves the right to make award without discussions. However, discussions, if held, will be in the form of written questions, to which the offerors will be required to respond. As part of the evaluation, DOS may request a tour of the facility and an oral brief from each proposer. The evaluation factors are facility amenities and management approach and technical capabilities; organization experience, past performance and cost/price.

Evaluation Factors and Methodology

The Technical Evaluation Factors (i.e. non-Cost/Price) will be evaluated using an adjectival

(Outstanding, Acceptable, Marginal, Unacceptable) rating scheme. The Non-Technical

Evaluation Factor (i.e. Cost/Price) will be evaluated as detailed in this section. An “Unacceptable” rating in any factor will result in the elimination of an offeror’s proposal from consideration for award of the task order.

The following evaluation factors listed in descending order of importance apply to this task order procurement and will be used to evaluate the offer:

1. Facility amenities/suitability the management structure, technical capabilities and logistical support

2. Past Performance

3. Cost/Price

For this Request for Proposal (RFP), technical merit is significantly more important than cost/price.

Technical Evaluation Factor 1: Management Approach, Technical Capabilities, and

Logistical Support

The offeror shall submit a clear and complete description of the facility to include photographs of the structure, classrooms, storage space, and any and all provided amenities. In addition, size and capacity of the facility needs to be adequately depicted.

The offeror shall provide a complete description of its management structure and organization that will be responsible for INL and contract support, reporting, and accountability purposes. In addition, the offer will demonstrate how 1 or 2 management or supervisory employees will be designated as the first level of contact for any issues or concerns raised by INL. The offeror shall provide sufficient staff to manage and coordinate all aspects of the facility to include administrative and IT support, janitorial staff, maintenance of all facilities and equipment provided as part of the proposed site.

The offeror shall be able to demonstrate its capability of providing high quality technical support as related to audio-visual, Internet/WiFi, and other multi-media devices associated with training content delivery.

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act.

The offeror shall detail how it will meet INL’s logistical requirement for providing large to small training classrooms, overlapping instructional sessions, and short notice training needs. Also facilities maintenance capabilities will need to be explained for purposes of dealing with power outages and other facilities related maintenance problems.

The Government reserves the right to physically visit and inspect the proposed facility as part of this evaluation process.

The Government will use the following adjectival ratings to evaluate the Facilities, Management Approach, Technical Capabilities and Logistical Support Factor:

Evaluation Factor 1:

Management Approach and Technical Capabilities

Rating Description

Outstanding

Offeror meets all of the following criteria: Demonstrates excellent understanding of requirements and proposes a facility which shows exceptional capacity to meet the Government's requirement and that will significantly benefit the Government; has no deficiencies or weaknesses.

Acceptable

Offeror meets all of the following criteria: Demonstrates adequate understanding of requirements; meets the Government's minimum requirement for the facility and management; has no significant weaknesses and no deficiencies.

Marginal

Offeror has one or more of the following deficiencies: Demonstrates shallow understanding of requirements; does not fully meet facility minimum requirement or standards; has one or more major weakness or deficiency which is/are correctable without major changes to the proposal.

Unacceptable

Offeror has one or more of the following deficiencies: Demonstrates a lack of understanding of requirements; fails to meet facility/capability standards; has a major weakness or deficiency which cannot be corrected without major changes to the proposal.

Table 2.1, Adjectival Ratings for Evaluation Factor 1

Technical Evaluation Factor 2: Past Performance

Proposal Requirement Instructions:

The offeror shall substantiate (IAW Appendix A) that it has recent experience in performing the required work and demonstrate how their past and present experience validates that it will provide expected performance and customer satisfaction.

The offeror shall provide a minimum of two (2) and a maximum of three (3) Past Performance

Contract Profiles that are directly relevant to the required effort and are of similar size (dollar value), scope (substantially similar services) and complexity (degree of difficulty). [See

Appendix A for Past Performance instructions].

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act.

With regard to the Government’s evaluation of Past Performance, offerors should note the following from FAR 15.305(a)(2)(iv):

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 will be given a rating of neutral.

Evaluation Criteria

The offeror’s past performance evaluation will examine how the offeror’s past and present experience/performance validates expected performance and customer satisfaction based on the information provided by the offeror’s references and other government sources. The past performance evaluation will examine the offeror’s Past Performance Contract Profiles and the offeror’s actual experiences/performance in work of similar size, scope, and complexity of efforts and actual results achieved during performance.

The Government may consider all information available on the offeror’s experience and past performance. This will include information that is in addition to that which is provided by the offeror (i.e., Past Performance Retrieval System). The Government reserves the right to interview the clients identified by the offeror and may interview other clients of whom the

Government is aware.

The Government may share a copy of the Past Performance Profile with the referenced customer to validate the offeror’s report. To facilitate the evaluation of past performance, the offeror shall ensure the accuracy of the information furnished on references (names, addresses, and phone numbers). Failure to provide accurate or complete reference information will have a negative impact on the evaluation of the offeror’s proposal and may render it unacceptable.

The Government will use the following adjectival ratings to evaluate the Past Performance factor:

Evaluation Factor 2:

Past Performance

Rating Description

Outstanding

Offeror provides three (3) Past Performance Contract Profiles that are directly relevant to the required work and clearly cover the majority of the required work. Based on the offeror’s past experience and customer past performance evaluations, essentially no doubt exists that the offeror will successfully perform the required effort.

Acceptable

Offeror provides the required two (2) Past Performance Contract Profiles that are directly relevant to the required work and clearly cover the majority of the required work. Based on the offeror’s past experience and customer past performance evaluations, little doubt exists that the offeror will successfully perform the required effort.

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Marginal

Does not meet the criteria for acceptable. Based on the offeror’s past experience and customer past performance evaluations, some doubt exists that the offeror will successfully perform the required effort.

Unacceptable

Does not meet the criteria for marginal. Based on the offeror’s past experience and customer past performance evaluations, substantial or extreme doubt exists that the offeror will successfully perform the required effort.

Table 2.2, Adjectival Ratings for Evaluation Factor 2

Cost/Price

Quote Requirement

The contractor shall provide:

1. A completed Cost/Price Table to this RFQ (using Microsoft Excel), with dollar values carried out to two decimal places;

2. An Organizational Conflict of Interest (OCI) Mitigation Plan, if applicable;

3. Other Direct Costs (ODCs) and rationale, if applicable;

4. Clear disclosure of indirect costs and rationale, if applicable;

5. A list of subcontractors that will be used in the performance of this task order (including information related to any socio-economic category and the dollar value of the work to be performed);

6. Additional Government Furnished Property and/or Information required for task performance, if applicable;

7. Any assumptions and/or exceptions made in preparing the Cost/Price Quote, by CLIN, if applicable;

8. Contract, billing and other staff intended to be billed to this task order, if applicable.

If the contractor bills corporate administrative, contract, billing, and other staff to task orders, the contractor shall provide the information in its cost/price quote. Each contractor shall also clearly disclose its yearly escalation factor, General and Administrative (G&A) and material handling fees, and all other applicable indirect costs in accordance with the contractor’s normal accounting procedures and cost accounting standards.

All profit and fees associated with any ODCs must be in accordance FAR 31.202 as well as in accordance with the with the contractor’s normal accounting practices and general cost accounting standards. Any changes to the contractors established cost accounting practices must be in accordance with FAR 30.603.

If a contractor has a Forward Rate Pricing Agreement (FAR 42.1701) with the Department of

State, the contractor shall disclose that information in their price proposal.

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act.

Evaluation Criteria

Quotes will be evaluated to determine realism and reasonableness. Prices that are excessively high or low (without sufficient justification) may be considered unrealistic and unreasonable and may receive no further consideration.

Realism – Compatibility of the Oferror’s cost/price with the scope of work and the Oferror’s technical approach. It is an assessment of the level of confidence and reliability placed in the

Oferror’s Quoted cost elements and whether they produce a realistic Quoted cost/price based upon requirements and the Oferror’s Quoted technical approach. The evaluation will determine any inherent cost uncertainties within each Oferror’s Quote and identify variables and/or discrepancies within an Oferror’s Proposal.

Reasonableness --Price Quote will be evaluated to ensure that Quoted costs/prices are consistent with industry standards for similar requirements, and are not excessive in comparison to such standards. Quoted prices that are determined to be unreasonable will be rejected.

Each contractor is advised to submit its most competitive offer. The Government will review and evaluate all cost/pricing information contained within the submitted Cost/Price Quote, including discounted prices offered DoS and evaluate burdens placed on other direct costs such as material and travel. The Government will evaluate all assumptions or exceptions and determine the risk associated with each contractor’s quote.

CLIN CONSIDERATIONS

The vendor must be able to demonstrate that it has the necessary resources to provide on-time delivery at a high level of quality.

Separate awards will not be made for each system component. As such, multiple awards within each line item will not be considered; all items in a given line item will be awarded to only one vendor.

Availability of the equipment, delivery, and warranty under this RFQ will be determinant for technical acceptability.

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act.

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act.

SECTION 6

CONTRACT CLAUSES

Clauses Incorporated by Reference

52.203-3 --Gratuities (Apr 1984)

52.203-17 --Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Apr 2014)

52.204-4 -- Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

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

52.204-18 -- Commercial and Government Entity Code Maintenance (Jul 2016)

52.212-4 -- Contract Terms and Conditions -- Commercial Items (Oct 2018)

52.217- 7 -- Option for Increased Quantity -- Separately Priced Line Item (Mar 1989)

52.232-40 -- Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

652.225-71-- Section 8(a) of the Export Administration Act of 1979, as Amended (AUG 1999)

652.232-70-- Payment Schedule And Invoice Submission (Fixed-Price) (Aug 1999)

Provisions Incorporated by Reference

52.204-7 -- System for Award Management (Oct 2018)

52.204-16 -- Commercial and Government Entity Code Reporting (Jul 2016)

52.212-1 -- Instructions to Offerors -- Commercial Items (Oct 2018)

Clauses Incorporated by Full Text

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

Orders -- Commercial Items (Jan 2020)

(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) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and

108-78 (19 U.S.C. 3805 note)).

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(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).

__ (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 (June 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

2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5)[Reserved].

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

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6, 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

(Oct 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

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__ (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.

__ (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 Set-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 (Oct 2018) (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)).

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act.

__ (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 (Oct

2019) (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)).

__ (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).

X (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020)

(E.O.13126).

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

X (28) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

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

X (29) (i) 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) (i) 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).

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act.

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 (Jan 2019) (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).

__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 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 Televisions (Jun 2014) (E.O.s 13423 and 13514).

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

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act.

__ (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. 13693).

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

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

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

__ (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.

X (48) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

Department of the Treasury).

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act.

__ (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 (Oct

2018) (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)(13)).

__ (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.

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act.

(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:

__ (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).

__ (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).

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act.

(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) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act.

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.

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

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

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

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

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

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

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

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

52.222-40.

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

(xiv) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and

E.O 13627).

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

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

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

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

(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

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

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

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

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

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

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

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

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

2008; 10 U.S.C. 2302 Note).

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act.

(xxii) 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.

(xxiii) 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)…