36C25524Q0427.docx

36C25524Q0284

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE

DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a.

PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE

ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26.

TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNAT

URE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

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

36C25524Q0427 6/6/24 George Johnson/george.johnson9@va.gov 913.946.1988 06-12-2024

10 AM

CDT

36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth KS 66048 X 517111 $12.5 Million Net 30 Days N/A X

36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth KS 66048

36C255 Department of Veterans Affairs Financial Services Center http://www.fsc.va.gov/einvoice.asp Austin TX 877-353-9791 512-460-5429 See CONTINUATION Page Cable Television Service for the Marion VAMC in Marion, IL.

1) Furnish all labor, material, equipment and supplies to provide on-site cable television services as specified in the attached Statement of Work.

Please see Section B for the Price/Cost Schedule and Section D for the Statement of Work for details.

THE GOVERNMENT ANTICIPATES AWARDING A FIRM FIXED PRICE

CONTRACT WITH A BASE PLUS FOUR (4), ONE (1) YEAR OPTIONS.

Evaluation criteria will be lowest price technically acceptable.

Important: Offerors shall be registered in SAM and VetCert at time of offer.

Please review and complete the entire package and email George.Johnson9@va.gov See CONTINUATION Page See Continuation Page X x Laura Ferguson Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer Laura Ferguson laura.ferguson@va.gov Contracting Specialist George Johnson/george.johnson9@va.gov Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth KS 66048

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

Statement of Work

Marion Cable/Satellite TV Service

(a). GENERAL INFORMATION

(1). Title of Project: Furnish monthly bulk cable/satellite television service as described in this Statement of Work (SOW) on-site at:

Marion VA Medical Center 2401 W Main St.

Marion, IL 62959.

(2). Scope of Work: The Vendor shall provide all resources necessary to accomplish the deliverables described in this statement of work (SOW), except as may otherwise be specified.

(3). Performance Period: The Vendor shall begin the work required under this SOW commencing with the effective date of award, unless otherwise directed by the Contracting Officer (CO), and shall provide continuous service from the date of television service acceptance until the date of contract expiration or termination. Work at the VA Medical Center shall not take place on Federal holidays or weekends unless directed by the facility point of contact or the CO.

(4). Type of Contract: Firm-Fixed-Price. Base+4 year contract

(5). Facility Point of Contact: The facility point of contact for this project is Mrs. Mallory Bradley, (618) 997-5311 x 159115.

(6). Site Visit: A site visit will be conducted at the facility at a time and place to be determined by the CO and the COR. Failure to attend site visit will not relieve the Vendor from the responsibility of fully complying with this solicitation, and any resulting contract.

(b). SERVICES TO BE PROVIDED.

(1). The vendor shall provide either wired cable television or satellite provided programing. In either case the vendor shall provide all equipment, wiring, amplifiers, converters and supplies necessary to receive and disseminate television signals to each of one-hundred and fifty-three (153) television locations (to be annotated further in this solicitation). The furnished system shall interface with the existing wiring and equipment or, provide for the replacement of existing wiring and equipment at no additional cost.

(2). The following is a preferred list of television programing to be provided simultaneously to each viewing location:

WSUI PBS

WTCT Marion

The Nashville Network

KBSI Cape Girardeau

KFVS Weather Channel

WDKA Paducah

KETC St. Louis

QVC

KFVS Cape Girardeau

C-SPAN

WGN America

TBN

WSIU Carbondale

ShopNBC

WQWQ Paducah

Church Channel

WSIL Harrisburg

C-SPAN 3

WPSD Paducah

Inspiration Network

Hallmark Channel

EWTN

Lifetime Movie Network

C-SPAN 2

ABC Family

HSN

Comedy Central

MTV

Discovery Channel

Nickelodeon

FOX News

MSNBC

TLC

truTV

WE

Food Network

TBS

HGTV

FX

Disney Junior

E!

Disney Channel

FOX Sports 1

A&E

BET

History

Bravo

VH1

CNBC

Lifetime

Animal Planet

ESPN Classic

USA

Syfy

Travel Channel

AMC

CNN

ESPN

HLN

ESPN2

Cartoon Network

FS Midwest

TNT

The Weather Channel

Spiketv

Big Ten Network

TV Land

Outdoor Channel

CMT

Discovery Fit & Health

(3). The vendor shall furnish programming to an initial 153 active TV outlets. Additional outlets may be added upon mutual agreement in the future.

(4). Should the vendor desire to use the existing TV cable network at the facility, the Government makes no warranty, or guarantees that the existing VA TV cable network is functional, complete, or is compatible with any equipment or services furnished by the vendor. Should vendor propose utilizing any portion of the existing VA TV cable network, before connection to the network, the vendor shall test for proper transmission of signals. Results of the testing will be documented and presented to the facility point of contact. If utilizing any, or all, of the existing VA cable network, the vendor shall provide all labor, material, equipment and supplies necessary to provide all required services at no additional cost to the Government.

(5). The vendor shall furnish all construction/installation material and services to provide the required services to each of the TV outlets specified in Attachment 1 – TV Locations.

(6). The vendor shall provide a scrubbed channel, or a similar service, to allow the Government to continue to input/stream the Veteran News Network (VNN) and broadcast live chapel services.

(6). The vendor shall furnish the specified television programing provided twenty-four (24) hours per day, seven (7) days per week, three hundred and sixty-five (365) days per year.

(7). The vendor shall furnish all technical support, maintenance, and repair material and services to maintain the programing at optimum efficiency and resolve any signal outages and/or deficiencies. The vendor shall provide routine and emergency repair\maintenance services as required.

(8). Normal maintenance and upkeep to the system shall be identified and scheduled with the facility point of contact. Outages for routine maintenance shall be coordinated and announced to the facility point of contact a minimum of 48-hours in advance.

(9). Emergency outages shall be repaired within 24-hours after notification.

(10). The vendor shall provide a channel program guide and notify the facility point of contact of changes as they occur. This will facilitate the notification of subscribers.

(11). All services shall be provided in accordance with the guidelines established by Federal, State, and local ordinances, with the Manufacture’s Service Manual and Quality Control Manual, and with all terms, conditions, provisions, schedules, and specifications provided herein.

(12). The facility COR and the vendor will make an annual outlet recount during each contract year to verify the active drops at the medical center.

(13). EQUIPMENT:

(A). The vendor shall furnish, install, maintain, service, operate and upgrade if required, all coaxial cable and or fiber optic line, internal wiring, amplifiers, converters necessary for furnishing this service. During the period of the contract, all items furnished by the vendor will remain the property of the Vendor, whether or not attached to or incorporated in the medical center. At the expiration or termination of the contract the vendor shall have ninety (90) days to remove all furnished property from the medical center. Any coaxial cable, fiber op tic line, internal wiring, amplifiers, converters and other equipment remaining at the VA Medical Center after that period will be considered abandoned in place by the vendor and will become the property of the Government.

(B). The vendor shall furnish a sufficient number of converter boxes to provide television signals to each of the specified television locations. The Government will be responsible for any loss of or damage to these converter boxes.

(C). The furnished and installed equipment does not constitute a fixture of the premises. The Government will not permit any third party to attach to or use in any manner the equipment, or any portion thereof. The Government will have no obligation to service or maintain the equipment.

(D). The Government will provide, without charge, adequate space and electricity for the equipment.

(c). GENERAL REQUIREMENTS.

(1). DAMAGE:

(A). The vendor shall repair any damage to the premises caused by the vendor, it’s employees, or their agents. The vendor shall hold harmless and indemnify the Government from and against any and all losses or damages resulting from vendor’s installation, maintenance, service, removal or operation of the equipment or any other equipment of vendor’s, with the exception of loss or damage arising from negligent or intentional acts or omissions of the Government.

(B). Government will repair any damage to the equipment caused by the Government, it’s agents, or any patients on the premises. The Government will hold harmless and indemnify the vendor from any, and all, losses or damages arising from or with respect to any negligence or intentional act or omission of Government or its agents or employees, or any patients on the premises.

(2). INSURANCE: The Vendor shall maintain Workers Compensation, General Liability and Property Damage Liability insurance as required by the state of Illinois.

(3). QUALIFICATION OF VENDOR:

(A). The vendor shall have an established business, with an office and full-time staff to include a "fully qualified" field service engineer (FSE). To be considered "Fully qualified" the FSE(s) must have successfully completed a formal training program on the equipment to be installed.

(B). The vendor shall provide written assurance to the competency of their personnel and a list of credentials for the FSEs that will be performing the work. The CO specifically reserves the right to reject any of the vendor's personnel and refuse them permission to work on the equipment and may restrict their access to government property.

(C). If subcontractors are to be used, they must be approved in advance by the CO and be identified in the contract. The vendor shall submit any proposed subcontractor(s) to the CO for approval/disapproval. Subcontractors can only be added, deleted or substituted through a modification of the contract.

(4). TESTING/INSPECTION/ACCEPTANCE: After all work has been accomplished the vendor shall provide the COR and the CO a written certification. After receipt the certification the COR, in the company of the vendor, will inspect the work and will either:

(A). Document any discrepancies and establish a timetable with the vendor to eliminate the discrepancies.

(B). Will recommend acceptance of the certification and, request authorization to commence contract payments.

(5). EXPOSURE TO BLOOD BORNE OR INFECTIOUS MATERIAL. There is a potential for exposure to blood borne or other infectious material with equipment throughout the medical centers. If notified by the facility point of contact or other authority that a potentially hazardous condition exists in any area where contract work will be accomplished, all vendor personal are required to use the “Universal Precautions” (i.e. decontamination of medical equipment, wearing protective gloves, aprons, and goggles) while working in that area.

(6). SECURITY REQUIREMENTS: All vendor personnel shall be required to report to the VA Medical Center Police for a temporary ID and then check in with the COR, or the Medical Center Police if the COR is unavailable. This check-in process is mandatory. Vendor personnel shall be required to check out with the facility COR or the Medical Center Police if the COR is unavailable.

(7). IDENTIFICATION, PARKING, SMOKING, AND VA REGULATIONS:

(a). Vendor personnel shall wear visible identification at all times while on the premises of the VA. Identification shall include, at a minimum, the employee’s name, position, and the vendor’s trade name.

(b). Vendor vehicles shall be locked, and the keys removed while performing services on the Medical Center’s property. This is intended to protect the vendor’s property and provide for the safety of the VA Medical Center’s personnel. Vehicle(s) shall be identified with the vendors name clearly visible on the outside of the vehicle. Vendor shall park only in the appropriate designated parking areas; information on parking is available from the VA Police. The VA Medical Center will not invalidate or make reimbursement for parking violations of the vendor for any conditions.

(c). Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in a citation answerable in the United States (Federal) District Court, not local district, state, or municipal court.

(d). Smoking is prohibited inside all VA buildings.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

CONTRACT FOR CABLE SERVICE AT HOSPITAL TO COVER MARION VAMC

Contract Period: Base POP Begin: 07-01-2024 POP End: 06-30-2025

CONTRACT FOR CABLE SERVICE AT HOSPITAL TO COVER MARION VAMC

Contract Period: Option 1 POP Begin: 07-01-2025 POP End: 06-30-2026

CONTRACT FOR CABLE SERVICE AT HOSPITAL TO COVER MARION VAMC

Contract Period: Option 3 POP Begin: 07-01-2026 POP End: 06-30-2027

CONTRACT FOR CABLE SERVICE AT HOSPITAL TO COVER MARION VAMC

Contract Period: Option 3 POP Begin: 07-01-2027 POP End: 06-30-2028

CONTRACT FOR CABLE SERVICE AT HOSPITAL TO COVER MARION VAMC

Contract Period: Option 4 POP Begin: 07-01-2028 POP End: 06-30-2029

B.3 DELIVERY SCHEDULE

2401 West Main St.

Marion, IL 62959 1188

USA

ALL

618 997-5311 x59115 mallory.bradley@va.gov

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

C.2 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee’s authority. A copy of the designation letter shall be furnished to the Contractor.

(End of Clause) C.3 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (JAN 2023) (DEVIATION)

(a) In an effort to achieve socioeconomic small business goals, VA shall evaluate offerors based on their service-disabled veteran-owned or veteran-owned small business certification status and their proposed use of eligible certified service-disabled veteran-owned small businesses (SDVOSBs) and certified veteran-owned small businesses (VOSBs) as subcontractors.

(b) Eligible and certified service-disabled veteran-owned small businesses offerors will receive full credit, and offerors qualifying as veteran-owned small businesses will receive partial credit for the certified Service-Disabled Veteran-Owned and Veteran-Owned Small Business Status evaluation factor. To receive credit, an offeror must be listed at the time of submission of offers and at time of award, as a certified SDVOSB/VOSB in the SBA certification database on the SBA Veteran Small Business Certification Program portal at https://veterans.certify.sba.gov/ (see 13 CFR 128) and be otherwise eligible in accordance with SBA size standards for the acquisition and limitations on subcontracting requirements set forth in SBA regulations (see 13 CFR 121, 125 and 128.).

(c) Non-Veteran offerors proposing to use certified SDVOSBs or VOSBs as subcontractors will receive some consideration under this evaluation factor. Offerors must state in their proposals the names of the certified SDVOSBs and VOSBs with whom they intend to subcontract and provide a brief description of the proposed subcontracts and the approximate dollar values of the proposed subcontracts. In addition, the proposed subcontractors must be listed at the time of submission of offers and at time of award, as a certified SDVOSB/VOSB in the SBA certification database.

(d) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of Clause)

C.4 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

(a) The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses (SDVOSBs) or veteran-owned small businesses (VOSBs) proposed as subcontractors in accordance with 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, or to substitute one or more SDVOSBs or VOSBs for subcontract work of the same or similar value.

(b) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of Clause)

C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 10 days.

(End of Clause)

C.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 10 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 10 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

C.8 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Clause) (End of Addendum to 52.212-4)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (FEB 2024)

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kapersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

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

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

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

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

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

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

[ ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655). (Exceeding SAT)

[ ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509)). (If contract value is expected to exceed $6M and performance period is 120 days or more)

[ ] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) (All solicitations and contracts funded in whole or part with Recovery Act funds)

[ ] (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a). (all solicitations and contracts, except solicitations and contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community).

[ ] (5) 52.204-10, Reporting Executive Compensation & First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note). ($30K or more, N/A if FPDS does not apply)

[ ] (6) [Reserved].

[ ] (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C). (Solicitations & contracts for services (including construction) that meet or exceed thresholds at FAR 4.1703, except for indefinite-delivery contracts. N/A for actions entirely funded by DoD, contracts awarded with a generic entity identifier, or in classified solicitations, contracts, or orders; Annual Report due Oct 31 thru SAM)

[ ] (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C). (Solicitations & indefinite-delivery contracts for services (including construction) where one or more orders issued thereunder are expected to each meet or exceed the thresholds at FAR 4.1703. N/A for actions entirely funded by DoD, contracts awarded with a generic entity identifier, or in classified solicitations, contracts, or orders; Annual Report due Oct 31 thru SAM)

[X ] (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub L. 117-328). (In all solicitations and contracts, unless an exception is granted in accordance with OMB Memorandum M-23-13.) More prescriptive info below in NOTES.

[ ] (10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title II). In all Federal Supply Schedules, Governmentwide acquisition contracts, and multi-agency contracts where FASCSA orders are applied at the order level, CO will insert in the basic contract solicitation and resultant contract (see 4.2304(b)(1)(ii)).

[ ] (11) (i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II). In solicitations and contracts if the conditions specified at 4.2304(a)(1) apply, except for Federal Supply Schedules, Governmentwide acquisition contracts, and multi-agency contracts.

[ ] (ii) Alternate I (Dec 2023) of 52.204–30. For acquisitions where conditions specified at 4.2304(a)(2) apply.

[ ] (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) (31 U.S.C. 6101 note). (Applies to solicitations and contracts over $35,000).

[ ] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313). (Over $600K & offeror checked “has” in paragraph (b) of FAR 52.209-7)

[ ] (14) [Reserved].

[ ] (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a). (Solicitations and contracts for acquisitions that are set aside or awarded on a sole-source basis to, HUBZone small business concerns under FAR 19.1305 or 19.1306. This includes multiple-award contracts when orders may be set aside for HUBZone small business as described in FAR 8.405-5 and 16.505(b)(2)(i)(F) or when orders may be issued directly to one HUBZone small business concern in accordance with FAR 19.504(c)(1)(ii)).

[X] (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). (Solicitations and contracts conducted using full and open competition)

[ ] (17) [Reserved]

[ ] (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644). (Use for solicitations and contracts involving total small business set-asides. This includes multiple-award contracts when orders may be set-aside for any of the small business concerns identified in FAR 19.000(a)(3), as described in FAR 8.405-5 and 16.505(b)(2)(i)(F))

[ ] (ii) Alternate I (MAR 2020) of 52.219-6. (When including FPI in the competition in accordance with FAR 19.502-7) [ ] (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644). (Use for solicitations and contracts involving partial small business set-asides. This includes part or parts of multiple-award contracts, including those described in FAR 38.101 (FSS).)

[ ] (ii) Alternate I (MAR 2020) of 52.219-7. (When including FPI in the competition in accordance with FAR 19.502-7)

[ ] (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)). (Exceeding SAT unless personal services or entire performance is outside of US and its outlying areas)

[ ] (21)(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C. 637(d)(4)). (Over $750,000, subcontracting possibilities exist & FAR 52.219-8 was included unless set-aside or 8(a). If no subcontracting possibilities, document the file in accordance with FAR 19.705-2(c))

[ ] (ii) Alternate I (NOV 2016) of 52.219-9. (For IFBs)

[ ] (iii) Alternate II (NOV 2016) of 52.219-9. (When contracting by negotiation & plans are required w/initial proposals)

[ ] (iv) Alternate III (JUN 2020) of 52.219-9. (When contract action will not be reported in FPDS pursuant to FAR 4.606(c)(5) or (c)(6)

[ ] (v) Alternate IV (SEP 2023) of 52.219-9. (Incorporating a plan due to a modification as provided for in FAR 19.702(a)(1)(iii)

[ ] (22)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)). (Insert in solicitations for multiple-award contracts under which orders will be set-aside for any small business concern identified in FAR 19.000(a)(3))

[ ] (ii) Alternate I (MAR 2020) of 52.219-13 (Full and open solicitations and contracts for multiple-award contracts under which orders will be set aside for any of the small business concerns identified in FAR 19.000(a)(3) if the conditions in FAR 19.502-2 are met at the time of order set-aside, and the specific program eligibility requirements, as applicable, are also then met) [ ] (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 637s). ((a) For supplies, services, and construction, if any portion of the requirement is to be set aside for small business and the contract amount is expected to exceed the SAT, and in any solicitations and contracts that are set aside or awarded on a sole-source basis in accordance with FAR Subparts 19.8, 19.13, 19.14, or 19.15, regardless of dollar value. This includes multiple-award contracts when orders may be set aside for small business concerns, as described in FAR 8.405-5 and 16.505(b)(2)(i)(F), and when orders may be issued directly to a small business concern as described in FAR 19.504(c)(1)(ii). For contracts that are set aside, the contracting officer shall indicate in paragraph (f) of the clause whether compliance with the limitations on subcontracting is required at the contract or order level; (b) If the prospective contractor waived the use of the HUBZone price evaluation preference, or is an other than small business, do not insert the clause in the resultant contract.)

[ ] (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)). (When FAR 52.219-9 is included)

[ ] (25) 52.219-27, Notice of Set-Aside for, or Sole Source to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f). (in solicitations and contracts for acquisitions that are set aside or awarded on a sole-source basis to, service-disabled veteran-owned small business concerns under 19.1405 and 19.1406. This includes multiple-award contracts when orders may be set aside for service-disabled veteran-owned small business concerns as described in 8.405-5 and 16.505(b)(2)(i)(F) or when orders may be issued directly to one service-disabled veteran-owned small business contractor in accordance with 19.504(c)(1)(ii).)

[ ] (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (FEB 2024) (15 U.S.C. 632(a)(2)). (Exceeding micro-purchase threshold when performance is in US or outlying areas)

[ ] (ii) Alternate I (MAR 2020) of 52.219-28 (After October 1, 2022 use in solicitations & resulting multiple-award contracts with more than one NAICS code)

[ ] (27) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)) (Solicitations and contracts that are set aside or awarded on a sole-source basis to EDWOSB concerns under FAR 19.1505(b) or 19.1506(a). This includes multiple-award contracts when orders may be set aside for EDWOSB concerns as described in FAR 8.405-5 and 16.505(b)(2)(i)(F) or when orders may be issued directly to one EDWOSB contractor in accordance with FAR 19.504(c)(1)(ii).

[ ] (28) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)) (Solicitations and contracts for acquisitions that are set aside or awarded on a sole-source basis to WOSB concerns under FAR 19.1505(c) or 19.1506(b). This includes multiple-award contracts when orders may be set aside for WOSB concerns eligible under the WOSB Program as described in FAR 8.405-5 and 16.505(b)(2)(i)(F) or when orders may be issued directly to one WOSB contractor in accordance with FAR 19.504(c)(1)(ii)).

[ ] (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)). (Applies only to contracts that were reserved for any of the small business concerns identified at FAR 19.000(a)(3)) [ ] (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 637(a)(17)). (Use in solicitations and contracts (including multiple-award contracts when orders may be set aside for small business concerns as described in FAR 8.405-5 and 16.505(b)(2)(i)(F), and when orders may be issued directly to a small business concern as described in FAR 19.504(c)(1)(ii), when: (i) the item being acquired has been assigned a manufacturing or supply NAICS code, and (ii) (A) Any portion of the requirement is to be: (1) Set aside for small business and is expected to exceed the SAT; or (2) Set aside or awarded on a sole-source basis in accordance with FAR Subparts 19.8, 19.13, 19.14, or 19.15, regardless of dollar value; or (B) If the prospective contractor waived the use of the HUBZone price evaluation preference, or is an other than small business, do not insert the clause in the resultant contract. (2) Do not insert the clause when SBA has waived the NMR (see FAR 19.505(c)(4)).

[ X ] (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755). (Above micro-purchase threshold when contract performance is in the US, PR, Northern Mariana Islands, American Samoa, Guam, or US Virgin Islands unless contract is subject to 41 U.S.C. Chapter 65, Contracts for Materials, Supplies, Articles and Equipment exceeding $15K (see FAR Subpart 22.6); supplies or services are to be purchased from FPI (see Subpart 8.6 or acquisition involves purchase, from any State prison, of finished supplies available on open market)

[ X] (32) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2024) (All solicitations and contracts for supplies > than micro-purchase threshold)

[ ] (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015). (When FAR 52.222-26, Equal Opportunity, is included)

[ X ] (34)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246). (Insert unless exempt from all requirements of E.O. 11246. Applies to nonexempt Govt. prime contracts & subcontracts over $10,000, see FAR 22.807 for exemptions) [ ] (ii) Alternate I (FEB 1999) of 52.222-26. (Contract is exempt from one or more, but not all, of the requirements of E.O. 11246.)

[ ] (35)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). ($150,000 or more except when work is performed outside of US by employees recruited outside of US or agency head waives all terms of the clause)

[ ] (ii) Alternate I (JUL 2014) of 52.222-35 (If OFCCP Director or Agency Head waive]s one or more (but not all) terms of clause.)

[ X ] (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). (Solicitations and contracts in excess of $15,000, except when work is to be performed outside the US or as waived by the Director of OFCCP or agency head)

[ ] (ii) Alternate I (JUL 2014) of 52.222-36 (If Director OFCCP or agency head waives one or more (but not all) terms of clause.)

[ ] (37) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). (Use when FAR 52.222-35 is included)

[ ] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496) (All solicitations & contracts over SAT unless work is performed outside US or contract is covered by exemption granted by Secretary)

[ X ] (39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627). (All solicitations and contracts)

[ ] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). (Contract performance outside U.S. (as defined at FAR 22.1702) and CO has been notified of specific U.S. directives or notices regarding combating trafficking in persons (such as general orders or military listings of “off-limits” local establishments) that apply to contractor employees at the contract place of performance)

[ ] (40) 52.222-54, Employment Eligibility Verification (MAY 2022). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.) (Solicitations and contracts that exceed $150,000. Exceptions at FAR 22.1803 include: solicitations/contracts for work that will be performed outside the US, PoP less than 120 days, only for Commercially available off-the-shelf items or Commercial services that are part of the purchase of a COTS item, performed by the COTS provider and are normally provided for that COTS item.)

[ ] (41)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) (Except for acquisition of commercially available off-the-shelf items, insert in solicitations & contracts exceeding $150,000 specifying use of EPA designated products containing recovered materials. See http://www.epa.gov/cpg. CO Fill-In)

[ ] (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.) (If technical personnel advise that estimates can be verified)

[ ] (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693). (See FAR 23.804(a)(1))

[ ] (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693). (Except for supplies delivered outside US or services performed outside US, insert in solicitations and contracts that include the maintenance, service, repair or disposal of refrigeration equipment, such as refrigerators, chillers or freezers; or air conditioners, including air conditioning systems in motor vehicles)

[ ] (44)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O. 13423 and 13514). (Unless exempt per FAR 23.704(a) insert in all solicitations and contracts when imaging equipment will be delivered, acquired or furnished.)

[ ] (ii) Alternate I (OCT 2015) of 52.223-13. (May use when there are sufficient EPEAT® silver- or gold-registered products available to meet agency needs)

[ ] (45)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O. 13423 and 13514). (Unless exempt per FAR 23.704(a) insert in all solicitations and contracts when televisions will be delivered, acquired or furnished.)

[ ] (ii) Alternate I (JUN 2014) of 52.223-14 (May use when there are sufficient EPEAT® silver- or gold-registered products available to meet agency needs)

[ ] (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b). (Unless exempt per FAR 23.204 insert in solicitations and contracts when energy-consuming products listed in the ENERGY STAR® Program or FEMP will be delivered, acquired or furnished by contractor for use, or specified in design of a building or work or incorporated during construction, renovation or maintenance)

[ ] (47)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514). (Unless exempt per FAR 23.704(a) insert in all solicitations and contracts when personal computer products will be delivered, acquired or furnished.)

[ ] (ii) Alternate I (JUN 2014) of 52.223-16. (May use when there are sufficient EPEAT® silver- or gold-registered products available to meet agency needs)

[ X ] (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513) (All solicitations and contracts)

[ ] (49) 52.223-20, Aerosols (JUN 2016) (E.O. 13693). (Except for supplies or services delivered/performed outside US, insert in solicitations and contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant, or as a solvent; or that involve maintenance or repair of electronic or mechanical devices.)

[ ] (50) 52.223-21, Foams (JUN 2016) (E.O. 13693). (Except for supplies or services delivered/performed outside US, insert in solicitations and contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent, such as building foam insulation or appliance foam insulation; or Construction of buildings or facilities.)

[ ] (51)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). (In solicitations and contracts when, on behalf of the agency, contractor employees will 1) have access to a system of records; 2) Create, collect, use, process, store, maintain, disseminate, disclose, dispose or otherwise handle personally identifiable information; or 3) Design, develop, maintain or operate a system of records.

[ ] (ii) Alternate I (JAN 2017) of 52.224-3. (When an agency specifies that only its agency-provided training is acceptable)

[ ] (52)(i) 52.225-1, Buy American--Supplies (OCT 2022) (41 U.S.C. chapter 83). (Insert in sols/contracts over micro-purchase threshold, but not exceeding $50,000. Use over $50,000 if no other Buy American or Trade Agreements clause applies except if solicitation is restricted to domestic end products in accordance with FAR Subpart 6.3; acquisition is for supplies for use within U.S. and an exception to Buy American statute applies (e.g., nonavailability, public interest or information technology that is a commercial item); or acquisition is for supplies for use outside the U.S.

[ ] (ii)…