21Q0162_sol.pdf

SEE ADDENDUM

(No Collect Calls)

N0016421Q0162 23-Sep-2021

b. TELEPHONE NUMBER

812-854-6626

8. OFFER DUE DATE/LOCAL TIME

04:00 PM 07 Oct 2021

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N001649. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JILDA E. TOW

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

NAVAL SURFACE WARFARE CENTER CRANE DIV

J. TOW (812-854-6626)

BLDG 3373

300 HWY 361

CRANE IN 47522-5001

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS AX

13b. RATING

DO-C9

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

812-854-3471FAX:

TEL: 812-854-6626 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$41,500,000

NAICS:

561210

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF45

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

N0016421Q0162

Section SAP - SAP Continuation Sheet

ITEM NO SUPPLIES/SERVICES QTY U/I UNIT PRICE AMOUNT

0001 Business Meeting Facilities

This Solicitation for Basic Purchase Agreements (BPA) establishes terms and conditions for the procurement of conference, meeting and training rooms for NSWC Crane in accordance with (IAW) FAR 13.303. It is the Government’s intent to place Calls/Orders against the BPA for required training, collaborations, business meetings, and event rental/facility services that fall under the PSC X1AB, Lease/Rental of Conference Space and Facilities. There is no guaranteed minimum to any contractor. The Government-wide Purchase Card (GPC) is authorized to place orders under the micro-purchase threshold (MPT) and to make payments Not to Exceed(NTE) $10,000.

See Facility BPA Ordering Instruction Procedures herein. Calls/orders issued against this BPA shall be performed IAW the Statement of Work (SOW) included in this Solicitation and as supplemented by any additional requirements in a written call.

Contractors shall complete pricing for all facility and equipment options available through their venues on the attached price list. Vendors may add any additional capabilities they have to offer. Additional capabilities shall include a description and pricing. All facility options do not need to be available to participate in the BPA. Vendors should propose what capacity and capabilitiles they have available on the price sheet.

PSC: X1AB

FOB: Destination

FFP

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

STATEMENT OF WORK(SOW)

Statement of Work for Conference, Meeting and Training Rooms

In Support of NSWC Crane

1.0 Scope

This Blanket Purchase Agreement(BPA) establishes the requirements for conference, meeting and training room space to enable NSWC Crane the ability to conduct strategy planning sessions, industry briefings, informational meeting collaborations, business meetings and training external to Government facilities.

1.1 Background

The Naval Surface Warfare Center (NSWC), Crane’s mission is to provide acquisition, engineering, in-service engineering and technical support for three major focus areas: Electronic Warfare/Information Operations, Strategic Missions and Special Missions. NSWC Crane provides comprehensive leadership and support for complex military systems spanning development, deployment and sustainment. Conference and training room space external to government facilities are needed in order to accommodate a large number of participants, industry partners and various events not suited for NSWC Crane facilities.

2.0 Applicable Documents

The documents listed in this section are applicable to the Statement of Work(SOW). This section may not include documents cited in other sections of this SOW or recommended for additional information or as examples. While every effort has been made to ensure the completeness of this list, document users are cautioned they must meet all specified requirements documents as cited in this SOW, whether or not they are listed. In the event of conflict between the documents referenced herein and the contents of the SOW, the contents of the SOW shall prevail:

- DoDI 4145-26M Facilities Security

- DoD 5200.08R CH1 Physical Security Program

- DoDM 5200.01 Volume 3, CH-2 DOD Information Security Program: Protection of Classified Information

- DoDI 5200.48 Controlled Unclassified Information (CUI)

- DoDM 5205.02 DOD Operational Security (OPSEC) Program Manual -DoD 5220.22-M, National Industrial Security Program Operating Manual

- DoDM 8570.01 CH-4 Information Assurance Workforce Improvement Program

- DoDI 5200.01 DoD Information Security Program and Protection of Sensitive Compartmented Information (SCI)

- DoD Directive 8500.1, Information Assurance

- DoD Instruction 8500.2, Information Assurance Implementation

- SECNAVINST 5239.3B, Department of the Navy (DoN) Information Assurance Policy

- Defense Federal Acquisition Regulation Supplement (DFARS) Parts 204 and 239, Acquisition of Information

Technology DFARS 252.204-7012, 252.204-7019, 252.204-7020, 252.204-7021 and 252.239-7001

- NIST SP 800-171, National Institute Standards and Technology (NIST) Special Publication, Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations

3.0 Requirements

This Statement of Work (SOW) provides overarching requirements for establishment of a Blanket Purchase Agreement. Each BPA call or Government-wide Purchase Card(GPC) action will identify the requirements for the specific event.

3.1 Site and Room Accommodations

The requirement for facilities for all day events should be within twenty (20) miles of NSWC Crane. The requirement for facilities for half day events should be within ten (10) miles of NSWC Crane. Each site shall provide adequate parking and restroom facilities meeting Americans with Disabilities Act (ADA) requirements.

3.1.1 Capacity Requirements

Various room capacities are required: small facility (under 50), medium facility (between 50 and up to 300), and large facility (over 300).

3.1.2 Room Configuration Requirements

Various room configurations are required dependent upon the event. Configurations may include but are not limited to: theater, classroom, crescent (half) rounds, banquet (full) rounds, u-shape, hollow square, conference, team table/clusters (collaboration), casual collaboration. (See attachment 1 – Meeting Room Set-Up Styles)

3.1.3 Additional Furniture & Accessories

The following additional furniture or accessories to furniture may be required:

-Privacy Panels/skirts for Presenter tables -White Boards -Flipcharts/Easels/Markers -Podium

3.1.4 Event Registration Area

The facility shall have a centralized area for participants to register for events when required. The registration area shall be large enough to accommodate registrants inside the facility due to inclement weather considerations.

3.2 Classified Meetings

Classified meeting spaces up to SECRET are required. All meetings with classification requirements will be purchased through a written BPA Call and the applicable Department of Defense Contract Security Classification Specification, DD Form 254 (DD254) will be provided as well as any additional Statement of Work requirements.

The requirements of DoDM 5200.01 volume 3 enclosure 2 section 16 are applicable.

3.2.1 Security Guards

In accordance with(IAW) DoDM 5200.01 volume 3 enclosure 2 section 16b, the DoD activity sponsoring a classified meeting or conference (NSWC Crane) will assign an official to serve as the security manager for the meeting and is responsible for ensuring security provisions identified in DoDM 5200.01 volume 3 enclosure 2 section 16b(1) through 16b(8) are met.

3.3 Government Set-Up & Dry Runs

The room shall be set-up by the Contractor to support a dry run during regular business hours the day prior to the event.

3.4 Information Technology and Audio Visual Requirements

Various IT and AV requirements are required. Equipment required to include, but not limited to, computers, laptop computers, video projectors, confidence monitors (32”-60”), teleprompters, and audio devices (clickers, handheld mics, lapel mics, mic stands) for use by the Government to facilitate presentations that are visible and audible to all participants.

3.4.1 Audio-Visual – Contractor Provided

Audio-visual equipment connected to a contractor provided computer and network shall be available for use by the Government to facilitate presentations that are visible and audible to all participants. Any material stored on contractor equipment to facilitate event presentations or training shall be handled IAW SOW 3.7.

3.4.2 Audio-Visual -- Remote Access Capability

The Government requires the ability to connect to Government networks via Remote Access Server (RAS) or Virtual Private Network (VPN) connections. The site shall provide internet connectivity to allow for Government RAS/VPN connection. Connectivity shall be able to accommodate presentation through contractor provided audio-visual equipment to facilitate presentations that are visible and audible to all participants.

3.4.3 Hybrid Participant Environment

The Government requires the ability to connect to Government networks via RAS/VPN. The site shall provide internet connectivity to allow for Government RAS/VPN connection. Connectivity shall be able to accommodate the use of Microsoft Teams as well as presentation through contractor provided audio-visual equipment to facilitate presentations that are visible and audible to all participants both in person and remote.

3.4.4 Presentation Equipment – Contractor Computer

All equipment to facilitate presentations and training that are visible to all participants shall be available for use by the Government. The computer being used for the presentation shall be able to access the internet. Any material stored on contractor equipment to facilitate event presentations or training shall be handled IAW SOW 3.7.

3.4.5 Presentation Equipment – Government Computer

Connectivity to enable access to government networks via RAS/VPN shall be available. Visual equipment and all required connecting cables including but not limited to HDMI (standard), Mini HDMI, Micro HDMI, DisplayPort, Mini DisplayPort, DVI-I, DVI-D, DVI-D Dual Link, VGA, shall be provided for use to the Government to facilitate presentations and training that are visible to all participants.

3.4.6 PolyCom

The Government requires the ability to conduct teleconference meetings. The site shall provide teleconference capability within small meeting spaces.

3.4.7 IT Technician

A sound technician may be required for each event that utilizes IT equipment. The technician shall be available for support throughout the event, and for dry runs.

3.4.8 Audio & Sound Technician

Audio equipment and a sound and light technician may be required for an event without video equipment. The technician’s shall be available for support throughout the event, and for dry runs.

3.5 Staging

For large or formal events, the event room shall be staged to include a professional backdrop and the US flag as a minimum. Additional requirements may include full military flag presentation.

3.6 Clean up and Trash Removal

The vendor shall be responsible for clean-up and trash removal at the end of the event and during the event as necessary.

3.7 Security Requirements

The Contractor shall establish appropriate administrative, technical, and physical safeguards to protect any and all government data stored on contractor IT equipment and networks per SP NIST 800-171. Any material stored on contractor equipment to facilitate event presentations or training shall be immediately deleted upon completion of the event. The contractor shall provide an email notification to the event POC indicating all materials have been permanently deleted from any and all storage devices owned by the contractor.

3.7.1 Operations Security (OPSEC)

The contractor is required to protect critical information to prevent unauthorized disclosure and will observe OPSEC requirements IAW DoDM 5205.02. DOD Operational Security Program. If Contractor personnel become aware of any person seeking unauthorized access to information or program materials, they should immediately report this to the Contracting Officer.

3.7.1.1 Performance under this contract requires the contractor to adhere to OPSEC requirements. OPSEC requirements are additional to the requirements of DoD 5220.22-M, National Industrial Security Program Operating Manual, therefore, the Contractor may not impose OPSEC requirements on its subcontractors unless NSWC Crane approves the OPSEC requirements. The contractor shall assign an OPSEC point of contact for this contract at no additional cost to the Government. This individual may be the Facility Security Officer (FSO).

3.7.1.2 During the period of performance of each call under the BPA, the Contractor may be exposed to or use NSWC Crane Critical Information (CI) and/or observables and indicators which may lead to discovery of CI. NSWC Crane CI will not be distributed to unauthorized third parties, including foreign governments, or companies under Foreign Ownership, Control, or Influence (FOCI).

3.7.1.3 Intra-office communications and electronic emails shall be encrypted and protected when containing

NSWC Crane CI. The transfer of unclassified technical data to and from the government or other associated activities must be accomplished via encrypted email or DOD SAFE only.

3.7.1.4 NSWC Crane CI shall not be publicized in corporate wide newsletters, trade magazines, displays, intranet pages or public facing websites. Media requests related to any event shall be directed to NSWC Crane Public Release Authority within the Public Affairs Office.

3.7.1.5 Any attempt by unauthorized third parties to solicit, obtain, photograph, or record, or; incidents of loss/compromise of government Classified or CI, Business Sensitive, Company Proprietary information related to the event reported Event POC, Defense Security Service and/or the Naval Criminal Investigative Service, and the NSWC Crane Industrial Security Department.

3.7.2 Contractor’s Internal Network and Data Security

The Contractor shall ensure that its internal networks and data have sufficient protection to prevent intrusion from sources outside its facilities if Government information classified as OPSEC or CUI is stored on contractor networks.

BPA INSTRUCTIONS

1. AUTHORITY: This Blanket Purchase Agreement (BPA) is entered into under the authority of the Federal Acquisition Regulation (FAR) Part 13.303 Blanket Purchase Agreements.

2. DESCRIPTION OF AGREEMENT: The Contractor shall provide the following: Acquisition of conference, meeting and training room space to enable NSWC Crane the ability to conduct strategy planning sessions, industry briefings, informational meetings collaboration, business meetings and training external to Government facilities.

This BPA is effective from the date of the BPA Master Agreement through five (5) years.

This BPA is not a contract. The actual contract is formed once a call (order) or Government-wide Purchase Card (GPC) verbal order is issued under this BPA. The selected Contractor shall perform duties as outlined in this agreement and as supplemented by any additional requirements of the written call. Work is to be performed under the general direction of the authorized Contracting or Ordering Officer or BPA Administrator.

Only the NSWC Crane Contracting or Ordering Officer and GPC Contract Ordering Official Cardholder(CH) may submit an order verbally or electronically to the Contractor. An NSWC Crane Purchasing or Contract Specialist may distribute orders duly executed by an NSWC Crane Contracting or Ordering Officer to the Contractor.

Either party may request a modification to this Agreement, upon mutual agreement between the parties by submitting a written notice to the other party. The Government reserves the right to cancel this BPA Agreement at any time if the parties fail to agree upon any deletion, amendment, or addition of a statute or Executive Order that the FAR and / or FAR Supplements require.

This Agreement shall be reviewed, at a minimum, annually and revised to conform to all requirements of statutes, Executive Orders, or the FAR and FAR Supplements. Any agreement modifying this BPA or the issuance of a superseding BPA shall reference this BPA.

3. EXTENT OF OBLIGATION: The Government is obligated for payment only to the extent of authorized calls or GPC orders made under this BPA when the contractor delivers the service and submits an invoice for receipt and acceptance by the Government in accordance with the invoices instructions herein. GPC orders and payments are only authorized after evidence of services rendered; advance payments are not authorized. Written orders and GPC verbal orders and payments does not allow the purchase/payment of refreshments. The Government shall not be liable in the event that no calls are made.

There is no guaranteed overall minimum for BPA recipients or individual call obligation amount.

There is no guaranteed usage of BPA recipients.

4. PRICING: The Contractor hereby warrants the prices offered to the Government to be as low as or lower than those charged to its most preferred customers for comparable services under similar terms and conditions, in addition to any discounts for prompt payment. The contractor shall include commercial pricing with the maximum possible discounts on all items ordered under this BPA.

Pricing will be for the delivery of services above as requested by a GPC Contract Ordering Official Card Holder(CH) or executed written call from the Contracting or Ordering Officer. This BPA is being issued on a firm-fixed price basis only.

4a. INITIAL BPA PRICING INSTRUCTIONS:

Contractors shall submit pricing on the attached pricing matrix for all facility and equipment capabilities available to the Government for purchase (See attachment 02-Pricing Matrix). Contractors are encourage to include additional facility, equipment and support service options available for purchase by the Government to support facilitation of successful meetings, conferences and training (exception: No food, beverage or lodging shall be provided in the quote). Additional options shall be inserted into the provided pricing matrix (attachment 02).

5. PURCHASE LIMITATIONS:

GPC Contract Ordering Official CH Call Limit: $10,000.00 BPA Call Limit: $250,000.00 BPA Master Dollar Limit: $1,000,000.00

6. NOTICE OF INDIVIDUALS AUTHORIZED TO PLACE CALLS: The following individuals are authorized to place calls against this BPA Agreement:

GPC Contract Ordering Official CH NSWC Crane (N00164) Limited to $10,000.00 per call All Contracting and Ordering Officers NSWC Crane (N00164) Limited to $250,000 per call

7. CALLS: The contractor will receive calls (orders) by electronic email or verbally by phone. Contractor personnel shall verify that such person is authorized to do so In accordance with(IAW) this BPA. With the exception of GPC orders each call shall generate an order that will be signed by an authorized Contracting Officer. At a minimum, a written call shall contain the following information:

a. Name of Contractor

b. The BPA number: Listed in Block 2 of the SF 1449

c. Date of Call

d. Individually priced items and quantities

e. Name of person making the call, phone number, and address

f. Signature of Contracting Officer

g. Period of Performance/Date of Event

Verbal Calls issued by the GPC CH shall include the following information:

a. The BPA number: Listed in Block 2 of the SF 1449

b. Date of Call

c. Individually priced items and quantities

d. Name of person making the call, phone number, and address

e. Period of Performance/Date of Event

8. INSPECTION/ACCEPTANCE: Acceptance of services will be provided by the authorized government representatives of NSWC Crane. Representatives authorized to sign and certify acceptance do so on the WAWF Services 2n1 invoice or commercial invoice detailed including BPA # submitted to the applicable GPC CH.

9. CONTRACTOR NOTICE REGARDING LATE DELIVERY: In the event the contractor anticipates or encounters difficulty in complying with the period of performance schedule, the contractor shall immediately notify the Contracting Officer, BPA Administrator or GPC CH, giving full detailed rationale for the delay. Receipt of contractor’s notice does not constitute acceptance of an alternate period of performance or waiver of the U. S.

Government’s rights under the issued contract (call).

10. MODIFICATIONS: Any changes, additions or deletions to this BPA shall be made by written modification by a warranted contracting officer at NSWC Crane.

11. BPA AWARD: NSWC Crane intends to award multiple BPAs to the offeror(s) whose offer, conforming to this solicitation is determined most advantageous to the Government, cost/price and other factors considered.

12. ORDERING PROCEDURES: The following ordering procedures apply to this BPA:

a. It is the Government’s intent to issue orders against this BPA using the Government-wide Purchase Card (GPC) whenever appropriate. Verbal GPC orders up $10,000.00 will be issued when pricing, requirements and terms and conditions are definitively defined in the BPA and can be selected directly from the pricing matrix herein.

The following procedures will be followed for GPC purchases:

1. The government requiring activity will determine the requirements and review the matrix to determine if all requirements are included in the priced matrix items of the BPA.

2. If yes, the Purchase Request will be submitted to the GPC CH for purchase.

3. The GPC CH will place a verbal order using GPC procedures, to include rotating eligible vendors when appropriate.

4. Upon completion of the event the vendor may bill the purchase card using GPC procedures.

a. Payment will be made using the GPC once evidence of service completion and an itemized invoice are received. At the time of completion of services, contact the designated GPC CH to obtain the account number to be billed against. The GPC must not be charged without first obtaining final authorization from the designated GPC CH.

b. Written Calls will be issued for all actions requiring classified facilities and a DD254.

c. Written Calls will be issued for all actions with unique requirements not covered by the fixed prices available in the matrix.

The following procedures apply when written calls are issued:

1. The government requiring activity will determine the requirements and review the matrix to determine if all requirements are included in the priced matrix items of the BPA.

2. If no, the requiring activity will generate a Statement of Work and other applicable BPA procurement documents and submit to the applicable Code 02 SAP purchase group.

3. A Quote will be requested from vendors that have quoted the ability to accommodate the number of attendees expected for the event in the original response to the BPA.

4. Vendors shall provide a response within three (3) business days.

a. The response shall include all information required by the request.

5. The Government will evaluate the quotes and select the lowest, priced technically acceptable quote based on the information provided by the vendor in response to the request for quote.

6. It is the Government’s intent to make payments utilizing the GPC IAW FAR 52.232-36, Payment by Third Party. However, if Payment by GPC is not appropriate the written Call will provide the applicable DFAS payment office and invoicing instructions.

13. ROLLING ADMISSIONS: The Government reserves the right to determine whether it would be appropriate to announce a new competition for the purpose of adding additional BPA recipients. Periodically, the Government will assess the quality of performance by each BPA recipient, the number, value and complexity of work assigned to each recipient and amount of competition achieved. In addition, the Government will assess the internal transaction cost for issuing each delivery order, the amount of small business participation, whether revisions are needed to the scope of the Statement of Work, if additional ordering offices need to be established, and if the ceiling amount of the contract needs to be revised. Based upon these criteria, if it is in the best interest of the Government, the Contracting Officer may announce a new competition to add additional BPA recipients. The Government reserves the right to limit rolling admissions to only small business concerns.

CLAUSES INCORPORATED BY REFERENCE

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-2 Security Requirements MAR 2021 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

JUN 2016

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

JUL 2018

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2020

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

JUN 2020

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.219-28 Post-Award Small Business Program Rerepresentation NOV 2020 52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2020 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-41 Service Contract Labor Standards AUG 2018 52.222-50 Combating Trafficking in Persons OCT 2020 52.223-14 Acquisition of EPEAT -Registered Televisions JUN 2014 52.223-15 Energy Efficiency in Energy-Consuming Products MAY 2020 52.223-16 Acquisition of EPEAT (R) - Registered Personal Computer

Products

OCT 2015

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

JUN 2020

52.232-33 Payment by Electronic Funds Transfer--System for Award Management

OCT 2018

52.232-36 Payment by Third Party MAY 2014 52.232-37 Multiple Payment Arrangements MAY 1999 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7009 Limitations on the Use or Disclosure of Third-Party

Contractor Reported Cyber Incident Information

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2021

252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.204-7021 Contractor Compliance with the Cybersecurity Maturity

Model Certification Level Requirement

NOV 2020

252.204-7022 Expediting Contract Closeout MAY 2021 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 252.239-7010 Cloud Computing Services OCT 2016 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and

(2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', as amended (41 U.S.C. 601-613).

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.

7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification.

(t) Reserved.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C.

1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an ``I agree'' click box or other comparable mechanism (e.g., ``click-wrap'' or ``browse-wrap'' agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2018-O0021) (JUL 2021)

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

(a) 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.

(b)(1) Notwithstanding the requirements of any other clauses of this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b) (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 2020) (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 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) 52.222-21, 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…