36C25525R0029.docx

1. SOLICITATION NUMBER

2. TYPE OF SOLICITATION

3. DATE ISSUED

PAGE OF PAGES

4. CONTRACT NUMBER

5.

REQUISITION/PURCHASE REQUEST NUMBER

6. PROJECT NUMBER

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

a. NAME

b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE

DOCUMENTS (Title, identifying number, date) 12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

12b. CALENDAR DAYS

13. ADDITIONAL

SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014)

STANDARD FORM 1442

Prescribed by GSA-FAR (48 CFR) 52.236-1(d)

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION

SOLICITATION

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SEALED BID (IFB)

NEGOTIATED (RFP)

11. The Contractor shall begin performance within ____________ calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See

YES

NO

a.

Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ (hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.

b.

An offer guarantee is, is not required.

c.

All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d.

Offers providing less than _______________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

36C25525R0029 X 12-18-2024

657-25-301JC

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

FITZGERALD,TIM

913-946-1145 Request for Proposal for project 657-25-301JC, Repair Energy Plant Cooling Tower at the St. Louis Veterans Administration Medical Center in St. Louis, Mo.

See attached Schedule, Statement of Work, Specifications and Drawings.

Period of Performance is 90 - days after Notice to Proceed.

Provide Contractor Unique Identifier Number:_________________________ Contractors working on this project are exempt from state sales tax, and a Project exemption Certificate will be issued upon award of this contract.

Payment and Performance bonds are required.

Magnitude of VA Project: at $250,000.00 and $500,000.00

Note: The term offer and bid are interchangeable.

PROPOSALS ARE TO BE SUBMITTED FEDEX, UPS, OR HAND DELIVERED to address below, to ensure receipt of all contents.

The contractor shall also provide the proposal in two separate binders along with a CD of the proposal containing the technical & price information by the request due date at the NCO 15 Contracting Office 3450 S 4th St Leavenworth, Kansas 66048.

The NAICS code and size standard for this project are: NAICS 238220-Plumbing, Heating, and Air-Conditioning Construction with a size standard of $19.0 million.

All Contractors and Joint Ventures must be certified in SBA VetCert, and registered in SAM.gov at the time of proposal date through the time of award to be eligible for award. See FAR 52.204-7(b)(1).

Acknowledge VAAR clause 852.219-75 by signing certification blocks of the clause (see page 29 of contract) and return.

with proposal to the Contracting Officer.

Site Visit: A site visit will be conducted on Tuesday 07 January 2025 at 10:00 AM CST. Location: VAMC, St. Louis, 915 Grand Blvd St. Louis, Mo. 63106.

Questions are due 09 January 2025 by 10:00am Central Time.

Proposals are due Tuesday 23 January 2025 by 2:00pm centraltime to the door of the address listed in blk #8 above..

Facility COR: Mark Strassner 314-652-4100 ext 58721, mark.strassner@va.gov Contracting Officer: Tim Fitzgerald, 913-946-1145, timothy.fitzgerald@va.gov X 52.211-10 X

2:00PM

CST

01-23-2025 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __________ calendar days after the date offers are due.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

22. AMOUNT

23.

ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c)( 41 U.S.C. 3304(a) (

26. ADMINISTERED BY

27. PAYMENT

WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

Your Contractor agrees offer on this solicitation is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work requirements identified award consummates the contract, which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.

shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31a. NAME OF CONTRACTING OFFICER

TO SIGN

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. AWARD DATE

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

(Include ZIP Code) (Include area code) (Include only if different than Item 14.)

(Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each) (Type or print) (4 copies unless otherwise specified) (Type or print) (Type or print) (Contractor is required to sign this document and return _______ copies to issuing office.)

(Contractor is not required to sign this document.)

(Must be fully completed by offeror) (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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 Tim Fitzgerald Contracting Officer

Table of Contents

STATEMENT OF PROPOSAL ITEM(S)

657-25-301JC, Repair Energy Plant Cooling Tower. STL VAMC

CLIN 0001, General Construction: (BASE Proposal): The contractor shall complete the following repairs:

a. Replace the hot water distribution basins, complete with new metering nozzles and covers.

b. Install a fluid applied catalyst cured urethane liner in the cold-water collection basin.

c. Remove and replace the fill media with Marly OEM MX78 or Equivalent, complete with new support tubes, tube supports, and deflectors.

Additional Requirements of the project include:

a. Contractor to submit a schedule of the repairs to be made which will be subject to approval by the project COR. The schedule must specifically outline each stage in the refurbishing process and include completion dates for each. The schedule shall terminate on or before the end of the period of performance of the contract.

b. The contractor shall submit a crane lift plan to the project COR for approval 14 calendar days prior to starting work.

c. The contractor shall submit utility outage requests 21 calendar days in advance.

d. Contractor shall follow all VA safety regulations and guidelines.

e. The contractor shall perform work to minimize hospital impact on cooling capabilities which shall include scheduling work while outside air temperatures are conducive to minimal impact on the medical center.

The hot water distribution basins will be replaced with stainless steel. The cold-water collection basin will be mechanically cleaned to remove loose rust and mineral deposits. The cleaned surfaces will be treated with a bonding agent to promote adhesion. Install a fluid applied catalyst cured urethane liner. New Marley MX75 OEM fill media or Equivalent will be installed complete. Using only Marley OEM materials or equivalent, new support tubes, tube supports, and deflectors will be installed. Fans and Motors will be cleaned and checked for construction damage, then vacuum any loose debris from the tower Period of Performance is 90-days After NTP.

Total: _____________________________________________

36C25525R0029

STATEMENT OF WORK

2. GENERAL:

Contractor shall be responsible for allocating all equipment and personnel for the removal and replacement of the PVC fill media with Marley OEM MX75 or Equivalent. Install new support tubes, supports, and deflectors. Replace the hot water distribution basins metering nozzles and covers. Install a fluid applied catalyst cured urethane liner in the cold-water collection basin. After work completion, the contractor will have clean-up and remove all debris from the job site to the satisfaction of the COR. The condenser water system will be filled, test run, and adjusted the completed work as needed. The Contractor or hired subcontractors must have relevant experience in providing cooling tower repair services. The Contractor must be able to assist the facilities in identifying any issues with the condenser water system to prevent issues in the future. It shall be the responsibility of the Contractor to provide the reports in a timely manner, and action plans to address any shortfalls.

3. BACKGROUND:

St. Louis VAMC is an integrated healthcare system comprised of Medical Centers, and many community-based outpatient clinics. Services will be performed at the St. Louis Veterans Affairs Health Care System (VASTLHCS) John Cochran Division, 915 North Grand, St Louis, Missouri 63106. Any travel costs associated with the provision of services are the responsibility of the contractor.

4. PERIOD OF PERFORMANCE:

The period of performance shall be 90 days, starting December 2024 through a completion date of March 1, 2025, while these cooling towers are not in service.

5. PLACE OF PERFORMANCE:

John Cochran VAMC Bldg 8A 915 N Grand Blvd St Louis, MO 63106

6. DAYS AND HOURS OF OPERATION:

Monday – Friday, 6:00a.m. to 4:30p.m. excluding federal holidays.

7. PERFORMANCE REQUIREMENTS:

The contractor shall provide creative, efficient, and innovative solutions that demonstrate the contractor’s ability to properly understand and perform the services of this requirement. The contractor shall demonstrate technical solutions and approaches that exhibit the contractor’s experience and qualifications in providing these services. The contractor shall be required to provide a demonstration of the resources, equipment and qualified personnel that are available to commit to this requirement. The contractor shall provide all labor, supplies, equipment, and disposal for this service.

8. REFERENCE/REQUIREMENTS:

Contractor will have significant experience in providing similar services for a large medical center or a major office complex. Contractor will provide past performance information for at least 3 contracts completed within the last 2 years. The contractor shall provide a point of contact (name, company name, phone number and e-mail), contract number, contract type, dollar value, date of award and a brief narrative the work performed.

9. Conformity to Regulations:

The Contractor shall conform to all regulations, Federal, State, and local, governing cooling tower construction, repairs, and maintenance including all appropriate specs listed in the MASTER CONSTRUCTION SPECIFICATIONS (PG-18-1) - Office of Construction & Facilities Management (va.gov).

10. Cooling Tower Refurbishment Requirements:

The contractor shall complete the following repairs:

a. Replace the hot water distribution basins, complete with new metering nozzles and covers.

b. Install a fluid applied catalyst cured urethane liner in the cold-water collection basin.

c. Remove and replace the fill media with Marly OEM MX78 or Equivalent, complete with new support tubes, tube supports, and deflectors.

Additional Requirements of the project include:

f. Contractor to submit a schedule of the repairs to be made which will be subject to approval by the project COR. The schedule must specifically outline each stage in the refurbishing process and include completion dates for each. The schedule shall terminate on or before the end of the period of performance of the contract.

g. The contractor shall submit a crane lift plan to the project COR for approval 14 calendar days prior to starting work.

h. The contractor shall submit utility outage requests 21 calendar days in advance.

i. Contractor shall follow all VA safety regulations and guidelines.

j. The contractor shall perform work to minimize hospital impact on cooling capabilities which shall include scheduling work while outside air temperatures are conducive to minimal impact on the medical center.

k. The hot water distribution basins will be replaced with stainless steel. The cold-water collection basin will be mechanically cleaned to remove loose rust and mineral deposits. The cleaned surfaces will be treated with a bonding agent to promote adhesion. Install a fluid applied catalyst cured urethane liner. New Marley MX75 OEM fill media or Equivalent will be installed complete. Using only Marley OEM materials or equivalent, new support tubes, tube supports, and deflectors will be installed. Fans and Motors will be cleaned and checked for construction damage, then vacuum any loose debris from the tower.

11. SPECIAL CONTRACT REQUIREMENTS:

Contractor shall provide a complete background of their company as well as any company utilized to sustain this contract. Information will include but is not limited to: company’s full legal name, primary business address, all other office locations (city and state), and history, along with the number of years in business.

Contractor shall have in place and maintain a valid contingency plan to meet the requirements of the contract. Contractor shall incur all cost associated with fulfilling this contingency plan at no additional expense to the Government. Contractor shall be liable for all expenses incurred by the Government due to the contractor's inability to perform in accordance with these requirements.

Contractor is required to identify any subcontractors and suppliers. Contractor is responsible for supervision, contract compliance and obtaining any necessary documentation from their subcontractors or supplies performing under this contract. If the contractor intends to utilize subcontractors and suppliers other than those initially identified, operating licenses, permits, certificates and any other forms required by regulatory agencies for the new facility must be submitted to the Contracting Officer no later than thirty (30) days prior to change. All cost increases to meet additional regulatory requirements caused by such change of disposal facilities or any other contractor shall be borne by the contractor.

12. CONTRACTOR PERSONNEL:

The contractor shall provide a contract manager who is responsible for the performance/coordination of work defined in this contract. The name and phone numbers (during and after hours) of this person and alternate(s), who shall act for the contractor when the manager is absent, shall be designated in writing to the Contracting Officer. This person may perform services under this contract in addition to contract management duties. The contract manager or alternate shall have full authority to act for the contractor in all contractual matters relating to daily operation of this contract. All changes must be provided in writing to the Contracting Officer no later than forty-eight (48) hours prior to the implementation of such changes.

Contractor shall provide their employees with appropriate protective clothing, equipment, and apparel as prescribed by the Occupational Safety & Health Administration (OSHA).

Contractor shall provide details of what training their employees undergo.

The contractor shall provide all training necessary to perform the work as defined in this contract. Training shall not hamper the quantity, quality, or timeliness of work requirements of the contract.

13. PERSONNEL POLICY:

The Contractor shall assume full responsibility for protection of the personnel furnishing services under this contract.

14. PROTECTION OF GOVERNMENT PROPERTY:

During work execution, the Contractor shall take special care to protect Government property including interior and exterior buildings, furniture, walls, baseboards, and other surfaces. Damage resulting from Contractor operations shall be repaired by the Contractor, including painting, refinishing, or replacement (if necessary), at no additional cost to the Government. Contractor shall be responsible to meet all OSHA/Safety requirements in the performance of the work. This shall include but not be limited to taking all the necessary precautions to protect the patients, visitors and/or staff at each location. Contractor shall be held responsible for any injuries and/or damage, which may be caused because of the Contractors failure to adhere to these requirements.

15. PRE-AWARD SURVEY:

Prior to the beginning of the performance of this contract, the VA may conduct a pre-award survey to assess the Contractor on the following conditions:

· Overall safety and sanitation of processing facility

· Evidence of applicable licenses

· Manifest tracking techniques and storage

· Ability to provide continuous, uninterrupted service.

Failure of adequate performance of any of the above pre-award aspects may be taken into consideration during the Technical Evaluation process in determining the offeror’s ability to successfully perform the services.

16. PERMITS AND RESPONSIBILITIES:

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any applicable Federal, State, and Municipal laws, codes, and regulations in connection with the prosecution of the work. This includes acquiring any installation listed in this contract. He shall be similarly responsible for all damages to persons or property. He shall take proper safety and health precautions to protect the work, the workers, the public and the property of others. He shall also be responsible for all materials delivered and work per-formed until completion and acceptance of the entire work.

17. QUALITY ASSURANCE SURVEILANCE PLAN (QASP):

The ability to successfully provide the number and types of services required over an extended period requires a good QASP. The QASP requirements of this contract shall include the following:

a. The contractor shall provide submittal information for all new materials being provided to indicate that the newly provided materials meet VA specifications and are OEM.

b. The contractor shall schedule weekly to bi-weekly meetings with the project COR for the duration of work performed onsite.

c. A post-work site visit shall be held with the project COR and the contractor to verify all the required work has been performed successfully in accordance with the contract.

d. The Contractor shall be responsible for maintaining a clean and hazard-free work environment.

18. COMMUNICATION:

The contractor shall explain the communication plan for employees and subcontractors. Highly functional and efficient data and voice communications are critical for successfully performing the contract requirements. The Contractor must be capable of sending and receiving e-mails and faxes, communicate with the project manager.

19. PROJECT MANAGEMENT:

Contractor shall provide a highly qualified project manager with strong support from management as this shall be essential to successfully performing these requirements day to day over an extended period. This plan shall identify the organizational structure proposed to direct these operations. The management team members shall be identified along with a description of qualifications and relative experience. The methods and procedures used to carry out this plan shall be specified, including the problem resolution procedures to be used in the event of service related or personnel problems. The plan shall specify the project manager that shall be designated to meet with the Contracting Officer (CO) or Contracting Officer Representative (COR), at the Government’s convenience, for scheduled and impromptu meetings to discuss contractual issues. This requirement is broad and diverse and requires an integrated, involved management approach to deliver these services successfully.

20. HEALTH & SAFETY:

Due to the health and safety risks associated with this requirement, the Contractor’s methods, procedures, training and other controls that are proposed must allow the performance of the tasks with no adverse effects from the risk factors. The Health and Safety plan shall demonstrate a good working knowledge of the US DOT, US Occupational Health and Safety (OSHA), State of Missouri Department of Health and other applicable regulations that govern the health and safety risks involved in the handling and shipping of waste material. All tasks with potential health and safety risks shall be identified along with the proposed control measures to ensure minimal exposure to minimize risk. The Contractor agrees that his personnel and equipment are subject to safety inspections by Government personnel while on Federal property. The Contractor shall ensure that all personnel involved in the handling, installing, repackaging, and transportation of all materials, equipment shall be trained in general first aid procedures.

21. Accident Reporting:

In the event an accident occurs on the Department of Veterans Affairs property or involving Government personnel or property, the contractor shall contact the VA Police immediately. A report shall be provided to the Contracting Officer and COR in writing that shall include the following: (1) the time and date of occurrence; (2) the place of occurrence; (3) a list of personnel directly involved; and (4) a narrative or description of the accident to include chronological order of the accident and circumstances; (5) corrective action to prevent future occurrences.

Invoice: Payment will be made upon receipt of a properly prepared, itemized invoice. The contractor will submit a Pencil Copy of the invoice to the COR for prior approval. Once approved, the COR will instruct the contractor to submit the invoice through the Invoice Payment System (Tungsten) for payment.

A properly prepared invoice will contain:

· Invoice Number and Date

· Contractor’s Name and Address

· Accurate Purchase Order Number

· Itemization of pounds recycled and disposed.

· Dates service performed.

· Location of service performed.

· Total amount due

22. SITE/PROEJCT INFORMATION:

a. Cooling Tower Information:

i. Make: Marley

ii. Model: NC8413RLS2GGF

iii. Serial Number: 10098375

iv. Approximate Cooling Tower Height: 28’

b. Building Information:

i. Building Number: 8A

ii. Approximate building height (excluding cooling towers): 18.5’

iii. Site Photos:

A.3 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.

(End of Provision)

A.4 52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds—

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be percent of the bid price or , whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of Provision)

A.5 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE) (FEB 2021)

(a) Offerors shall obtain from each person acting as an individual surety on a bid guarantee—

(1) A pledge of assets that meets the eligibility, valuation, and security requirements described in the Federal Acquisition Regulation (FAR) 28.203–1; and

(2) Standard Form 28, Affidavit of Individual Surety.

(b) The Offeror shall include with its offer the information required at paragraph (a) of this provision within the timeframe specified in the provision at FAR 52.228–1, Bid Guarantee, or as otherwise established by the Contracting Officer.

(c) The Contracting Officer may release the security interest on the individual surety’s assets in support of a bid guarantee based upon evidence that the offer supported by the individual surety will not result in contract award.

(End of Provision)

A.6 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) Site visits may be arranged during normal duty hours by contacting:

Name: Timothy Fitzgerald Address: St. Louis VAMC JC Div.

915 N. Grand Blvd

St. Louis, Missouri, 63106 Telephone: 913-946-1145 (End of Provision)

A.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

(End of Provision)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition.

(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(c) Procedures. (1) The Offeror shall search for the phrase ‘‘FASCSA order’’ in the System for Award Management (SAM)(https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).

(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).

(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:

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

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

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

(4) Brand;

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

(6) Item description;

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

(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.

(End of Provision)

GENERAL CONDITIONS

4.1 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB COVERED ENTITIES (DEC 2023)

(a) Definitions. As used in this clause—Kaspersky Lab covered article means any hardware, software, or service that—

(1) Is developed or provided by a Kaspersky Lab covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky Lab covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a Kaspersky Lab covered entity.

Kaspersky Lab covered entity means—

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., ‘‘Kaspersky’’;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115–91) prohibits Government use of any Kaspersky Lab covered article. The Contractor is prohibited from—

(1) Providing any Kaspersky Lab covered article that the Government will use on or after October 1, 2018; and

(2) Using any Kaspersky Lab covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement. (1) In the event the Contractor identifies a Kaspersky Lab covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 3 business days from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a Kaspersky Lab covered article, any reasons that led to the use or submission of the Kaspersky Lab covered article, and any additional efforts that will be incorporated to prevent future use or submission of Kaspersky Lab covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts including subcontracts for the acquisition of commercial products or commercial services.

(End of Clause)

4.2 52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—PROHIBITION (DEC 2023)

(a) Definitions. As used in this clause— Covered article, as defined in 41 U.S.C. 4713(k), means—

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

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

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

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

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

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

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

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

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

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

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(D) Brand;

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

(F) Item description;

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

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

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

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

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

(ii) If a report is required to be submitted to a contracting office under (c)(3)(i) of this clause, the Contractor shall submit the report as follows:

(A) If a Department of Defense contracting office, the Contractor shall report to the website at https://dibnet.dod.mil.

(B) For all other contracting offices, the Contractor shall report to the Contracting Officer.

(4) The Contractor shall report the following information for each covered article or each product or service produced or provided by a source, where the covered article or source is subject to a FASCSA order, pursuant to paragraph (c)(3)(i) of this clause:

(i) Within 3 business days from the date of such identification or notification:

(A) Contract number;

(B) Order number(s), if applicable;

(C) Name of the product or service provided to the Government or used during performance of the contract;

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

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

(F) Brand;

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

(H) Item description; and

(I) Any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (c)(4)(i) of this clause:

(A) Any further available information about mitigation actions undertaken or recommended.

(B) In addition, the Contractor shall describe the efforts it undertook to prevent submission or use of the covered article or the product or service produced or provided by a source subject to an applicable FASCSA order, and any additional efforts that will be incorporated to prevent future submission or use of the covered article or the product or service produced or provided by a source that is subject to an applicable FASCSA order.

(d) Removal. For Federal Supply Schedules, Governmentwide acquisition contracts, multi-agency contracts or any other procurement instrument intended for use by multiple agencies, upon notification from the Contracting Officer, during the performance of the contract, the Contractor shall promptly make any necessary changes or modifications to remove any product or service produced or provided by a source that is subject to an applicable FASCSA order.

(e) Subcontracts. (1) The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (c)(1) of this clause, in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products and commercial services.

(2) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the contract and any subcontracts and other contractual instruments under the contract. The Contractor or higher-tier subcontractor shall notify their subcontractors, and suppliers under other contractual instruments, that the FASCSA orders in the solicitation that are not in SAM apply to the contract and all subcontracts.

(End of Clause)

4.3 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (FEB 2024)

(a) Definitions. As used in this clause— Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does…