36C25920Q0529_1.docx

36C25920Q0529 Contract Opportunity Combined Synopsis/Solicitation Notice

PRODUCT SERVICE CODE

SUBJECT

CONTRACTING OFFICE'S

ZIP-CODE

SOLICITATION NUMBER

RESPONSE DATE/TIME/ZONE

ARCHIVE

DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS

SET-ASIDE

NAICS CODE

CONTRACTING OFFICE

ADDRESS

POINT OF CONTACT

(POC Information Automatically Filled from User Profile Unless Entered)

DESCRIPTION

See Attachment

AGENCY'S URL

URL DESCRIPTION

AGENCY CONTACT'S EMAIL

ADDRESS

EMAIL DESCRIPTION

ADDRESS

POSTAL CODE

COUNTRY

ADDITIONAL INFORMATION

GENERAL INFORMATION

PLACE OF PERFORMANCE

* = Required Field Contract Opportunity Combined Synopsis/Solicitation Notice Headsets (Member Services) 80111 36C25920Q0529 08-10-2020 14:30

MOUNTAIN TIME, DENVER, USA

N

SDVOSBC

334210 Department of Veterans Affairs Network Contracting Office 19 Rocky Mountain Acquisition Center 6162 South Willow Drive, Suite 300 Greenwood Village CO 80111 Jared Detton jared.detton@va.gov Department of Veteran Affairs VHA Member Services 610 Warrior Road Fort Riley KS 66442

USA

jared.detton@va.gov

Page 1 of

Page 1 of

Combined Synopsis/Solicitation for Headsets (Member Services)

1. This is a combined synopsis/solicitation for commercial items and services prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

2. Solicitation number 36C25920Q0529 is issued as a request for quote (RFQ).

3. This acquisition is set-aside for 100% Service-Disabled Veteran Owned Small Business (SDVOSB). The North American Industry Classification System (NAICS) code is 334210 – Telephone Apparatus Manufacturing.

4. FAR Clauses 52.212-1, 52.212-2, 52.212-4 and 52.212-5 apply to this procurement. For the exact text and wording of clauses and provisions please see http://farsite.hill.af.mil. The Government contemplates an award of an unrestricted Firm Fixed Price (FFP) contract resulting from this solicitation.

5. Description of services: In accordance with the Statement of Need (SON) and price schedule, the Contractor shall price Headsets and Y cables for VHA member services.

6. Period of Performance (POP): The POP shall be 30 days after the effective contract award date.

7. See Addendum to 52.212-1 Instructions to Offerors on the attached RFQ document for information on what to submit with your offer.

8. Offers are due 08-10-2020 @ 2:30 PM MST. All questions/inquiries must be submitted to the contract specialist via electronic mail (e-mail) not later than 08-05-2020 @ 2:30 PM MST. Inquiries submitted via telephone calls will be re-directed to an e-mail submission.

9. Submit offers or any questions to the attention of Jared Detton via email to: jared.detton@va.gov

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.

DUNS:

DUNS+4:

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. SIGNATURE 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. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

702-20-3-2361-0576 36C25920Q0529 07-30-2020 Jared Detton

(303) 283-5307 08-10-2020 14:30 36C259 Department of Veterans Affairs Network Contracting Office 19 Rocky Mountain Acquisition Center 6162 South Willow Drive, Suite 300 Greenwood Village CO 80111 X X Y 334210 1,250 Employees N/A X Department of Veterans Affairs Veterans Health Administration Member Services 610 Warrior Road Fort Riley KS 66442 36C259 Department of Veterans Affairs Network Contracting Office 19 Rocky Mountain Acquisition Center 6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

Electronic Payment Requests Submit Invoice at:

http://www.fsc.va.gov/einvoice.asp

See CONTINUATION Page Headsets & Acessories (Member Services) Period of Performance: 30 Days ARO from 09-01-2020 See CONTINUATION Page

LOA#: 702-3600152-2361-862000-2625 SPG0A00A7

2237#: 702-20-3-2361-0576 x x x one Erica A Blake

VA-VHA-SAOW-2019-B0D0EABF

Net 30

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 36C259 Erica A Blake / Erica.Blake@va.gov

Department of Veterans Affairs Network Contracting Office 19 Rocky Mountain Acquisition Center 6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

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.

Electronic Payment Requests

Submit Invoice at:

http://www.fsc.va.gov/einvoice.asp

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

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Headset - BRAND NAME OR EQUAL: Discover Model No. D711U, Part No. 24180, single earpiece (i.e. the contractor shall reference and abide by the SOW to ensure they meet all specifications & salient Characteristics).

Equal Manufacturer Name:______________________________ Model No. :__________________________ Part No. :________________________

Period of Performance is 30 days after the effective contract award date.

Headset - BRAND NAME OR EQUAL: Discover Model No. D712U, Part No. 24184, dual earpiece (i.e. the contractor shall reference and abide by the SOW to ensure they meet all specifications & salient Characteristics).

Model No. :__________________________

Y Cable - BRAND NAME OR EQUAL: Discover Model No. D112Y, Part No. 25028, Y training cable (i.e. the contractor shall reference and abide by the SOW to ensure they meet all specifications & salient Characteristics).

Model No. :__________________________

Headset - BRAND NAME OR EQUAL: Discover Model No. D711U, Part No. 24180, single earpiece (i.e. the contractor shall reference and abide by the SOW to ensure they meet all specifications & salient Characteristics).

Model No. :__________________________

Headset - BRAND NAME OR EQUAL: Discover Model No. D712U, Part No. 24184, dual earpiece (i.e. the contractor shall reference and abide by the SOW to ensure they meet all specifications & salient Characteristics).

Model No. :__________________________

Y Cable - BRAND NAME OR EQUAL: Discover Model No. D112Y, Part No. 25028, Y training cable (i.e. the contractor shall reference and abide by the SOW to ensure they meet all specifications & salient Characteristics).

Model No. :__________________________

Headset - BRAND NAME OR EQUAL: Discover Model No. D711U, Part No. 24180, single earpiece (i.e. the contractor shall reference and abide by the SOW to ensure they meet all specifications & salient Characteristics).

Model No. :__________________________

Headset - BRAND NAME OR EQUAL: Discover Model No. D712U, Part No. 24184, dual earpiece (i.e. the contractor shall reference and abide by the SOW to ensure they meet all specifications & salient Characteristics).

Model No. :__________________________

Y Cable - BRAND NAME OR EQUAL: Discover Model No. D112Y, Part No. 25028, Y training cable (i.e. the contractor shall reference and abide by the SOW to ensure they meet all specifications & salient Characteristics).

Model No. :__________________________

Headset - BRAND NAME OR EQUAL: Discover Model No. D711U, Part No. 24180, single earpiece (i.e. the contractor shall reference and abide by the SOW to ensure they meet all specifications & salient Characteristics).

Model No. :__________________________

Headset - BRAND NAME OR EQUAL: Discover Model No. D712U, Part No. 24184, dual earpiece (i.e. the contractor shall reference and abide by the SOW to ensure they meet all specifications & salient Characteristics).

Model No. :__________________________

Y Cable - BRAND NAME OR EQUAL: Discover Model No. D112Y, Part No. 25028, Y training cable (i.e. the contractor shall reference and abide by the SOW to ensure they meet all specifications & salient Characteristics).

Model No. :__________________________

Headset - BRAND NAME OR EQUAL: Discover Model No. D711U, Part No. 24180, single earpiece (i.e. the contractor shall reference and abide by the SOW to ensure they meet all specifications & salient Characteristics).

Model No. :__________________________

Headset - BRAND NAME OR EQUAL: Discover Model No. D712U, Part No. 24184, dual earpiece (i.e. the contractor shall reference and abide by the SOW to ensure they meet all specifications & salient Characteristics).

Model No. :__________________________

Y Cable - BRAND NAME OR EQUAL: Discover Model No. D112Y, Part No. 25028, Y training cable (i.e. the contractor shall reference and abide by the SOW to ensure they meet all specifications & salient Characteristics).

Model No. :__________________________

Headset - BRAND NAME OR EQUAL: Discover Model No. D711U, Part No. 24180, single earpiece (i.e. the contractor shall reference and abide by the SOW to ensure they meet all specifications & salient Characteristics).

Model No. :__________________________

Headset - BRAND NAME OR EQUAL: Discover Model No. D712U, Part No. 24184, dual earpiece (i.e. the contractor shall reference and abide by the SOW to ensure they meet all specifications & salient Characteristics).

Model No. :__________________________

Y Cable - BRAND NAME OR EQUAL: Discover Model No. D112Y, Part No. 25028, Y training cable (i.e. the contractor shall reference and abide by the SOW to ensure they meet all specifications & salient Characteristics).

Model No. :__________________________

B.3 DELIVERY SCHEDULE

2957 Clairmont Road. NE, Suite 200 Atlanta, GA 30329

USA

73.00

404-796-5034 Roland.Hodges@va.gov

2957 Clairmont Road NE, Suite 200 Atlanta, GA 30329 United States 126.00

2957 Clairmont Road NE, Suite 200 Atlanta, GA 30329 United States 54.00

400 Fort Hill, Bldg 33A, Rm 104 Canandaigua, NY 14424

62.00

585-284-5723 Alton.Deaton@va.gov

400 Fort Hill, Bldg 33A, Rm 104 Canandaigua, NY 14424

112.00

400 Fort Hill, Bldg. 33A, Rm 104 Canandaigua, NY 14424

12.00

409 Pershing Court Fort Riley, KS 66442

49.00

785-350-1636 Ricky.Postlewait@va.gov

409 Pershing Court Fort Riley, KS 66442

80.00

409 Pershing Court Fort Riley, KS 66442

18.00

500 5th Street, Bldg. 4 Hot Springs, SD 57747

54.00

605-745-2000 x3556 Richard.Grubb@va.gov

500 5th Street, Bldg. 4 Hot Springs, SD 57747

91.00

500 5th Street, Bldg. 4 Hot Springs, SD 57747

12.00

3401 SW 21st Street, Bldg. 9 Topeka, KS 66604

176.00

785-350-3747 David.Herring2@va.gov

3401 SW 21st Street, Bldg. 9 Topeka, KS 66604

312.00

3401 SW 21st Street, Bldg. 9 Topeka, KS 66604

60.00

4800 Memorial Drive, Bldg. 90 Waco, TX 76711

179.00

254-755-0625 Jesse.McCoy1@va.gov

4800 Memorial Drive, Bldg. 90 Waco, TX 76711

304.00

4800 Memorial Drive, Bldg. 90 Waco, TX 76711

60.00

36C25920Q0529

Page 1 of Page 1 of Page 1 of Page 1 of

B.4 STATEMENT OF NEED

VHA-MEMBER SERVICES

Headsets

1.0 PROJECT DESCRIPTION

1.1 The Veteran’s Health Administration – Member Services (VHA-MS) is seeking to obtain a qualified contractor with the capability to provide “Brand Name or Equal” headsets for our organization.

1.2 It is the Government’s intent to issue a Firm Fixed Price (FFP) single award to meet the need of this requirement.

1.3 VHA-Member Services Government Program Manager and Contracting Officer Representative (COR) is:

VHA MEMBER SERVICES

Attn: Jeff Johnson 610 Warrior Road Fort Riley, KS 66442 785-512-0731

2.0 GENERAL SCOPE

The Veterans Health Administration – Member Services (VHA-MS) has a requirement for Brand Name or Equal headsets that meet technical and salient characteristics of the Discover Model D711U and D712U as well as Y training cables which meet the technical and salient characteristics of the Discover D112 Y Training Cable.

3.0 REQUIREMENTS

TABLE 1.0 (Specifications & Salient Characteristics)

Discover D711U Single Speaker Wired USB Office Headset

3 Year Manufacturer Warranty

leatherette ear cushion Adjustable boom microphone Noise Cancelling Color: Black Quick disconnect cable required for AVAYA phone systems

Avaya VOIP Phone System Polycom Phone System Cisco Phone System

Discover D712U Dual Speaker USB Wired Office Headset

3 Year Manufacturer Warranty

leatherette ear cushions Adjustable boom microphone Noise Cancelling Color: Black Quick disconnect cable required for AVAYA phone systems

Avaya VOIP Phone System Polycom Phone System Cisco Phone System

Discover D112 Y Training Cable for Supervisors

3 Year Manufacturer Warranty

Must be compatible with all AVAYA phone systems Avaya VOIP Phone System Polycom Phone System Cisco Phone System

4.0 DELIVERY

The contractor shall be required to deliver all items listed below within the delivery hours:

Delivery hours will be 7:00am to 3:00pm, M-F except for recognized US holidays such as: New Year’s Day, Martin Luther King, Jr. Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day. If the holiday falls on Sunday, it is observed on Monday. All delivery locations and required quantities are as follows:

Table 2.0

VHA Member Services 2957 Clairmont Rd. NE Suite 200 Atlanta GA 30329

Roland Hodges / Gerald Smarr

Single Earpiece = 73 Dual Earpiece = 126 Y Training Cables = 54

VHA Member Services 400 Fort Hill, Bldg 33A /Rm 104 Canandaigua, NY 14424

Alton Deaton Single Earpiece = 62 Dual Earpiece = 112 Y Training Cables = 12

VHA Member Services 409 Pershing CT Fort Riley, KS 66442

Rick Postlewait Single Earpiece = 49 Duel Earpiece = 80 Y Training Cables = 18

VHA Member Services 500 5th Street, Bldg 4 Hot Springs, SD 57747

Rick Grubb Single Earpiece = 54 Dual Earpiece = 91 Y Training Cables = 12

VHA Member Services 3401 SW 21st ST, Bldg 9 Topeka, KS 66604

Dave Herring

Single Earpiece = 176 Dual Earpiece = 312 Y Training Cables = 60

VHA Member Services 4800 Memorial Drive, Bldg 90 Waco, TX 76711

Jesse McCoy / Joe Amodio

Single Earpiece = 179 Dual Earpiece = 304 Y Training Cables = 60

5.0 Warranty

5.1The Contractor shall ensure the brand name or equal product they quote comes with at least a 3-year manufacturer warranty which covers manufacturers defects and faults and provides for repairs or replacements due to these manufacturer defects and faults.

6.0 PERRIOD OF PERFORMANCE

6.1 30 Days ARO After Effective Date

7.0 PLACE OF PERFORMACE

6.1 Please reference the table in section 4.0 DELIVERY REQUIREMENTS for the location and point of contact (POC) information for each of these stations.

8.0 GOVERNMENT AND CONTRACTOR RESPONSIBILITIES

8.1 VA shall provide the contractor with copies of documents that the VA is required to provide.

8.2 The contractor shall request other VA documentation deemed pertinent to the work accomplishment directly from the COR (i.e. Jeffery Johnson. The contractor is expected to use common knowledge and resourcefulness in securing all other reference materials, standard industry publications, and related materials that are pertinent to the work.

8.3 The contractor shall maintain frequent communications with the Program Office and the COR to conduct work in progress reviews if necessary. Progress reports shall be delivered electronically to the COR, with an electronic courtesy copy to the Program Office.

8.4 The contractor assumes full responsibility for the delivery of the goods and shall assume all the duties, responsibilities and obligations associated with the prime contractor.

8.5 The contractor assumes liability for its subcontractors and shall ensure that its subcontractors shall comply in all respect with the relevant terms of this agreement to the extent that it or they are retained by the Contractor.

8.6 The contractor shall deliver the goods to the Veteran’s Health Administration – Member Services (VHA-MS) locations listed in the table in section 4.0 Delivery Requirements, Table 2.0.

SECTION C - CONTRACT CLAUSES

C.1 52.203-3 GRATUITIES (APR 1984)

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative—

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government; and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) above, the Government is entitled—

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

(End of Clause) C.2 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEPT 2007)

(a) Definitions. As used in this provision—"Lobbying contact" has the meaning provided at 2 U.S.C. 1602(8). The terms "agency," "influencing or attempting to influence," "officer or employee of an agency," "person," "reasonable compensation," and "regularly employed" are defined in the FAR clause of this solicitation entitled "Limitation on Payments to Influence Certain Federal Transactions" (52.203-12).

(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled "Limitation on Payments to Influence Certain Federal Transactions" (52.203-12) are hereby incorporated by reference in this provision.

(c) Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this contract.

(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

(End of Provision) C.3 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN 2020)

(a) Definitions. As used in this clause— "Agency" means executive agency as defined in Federal Acquisition Regulation (FAR) 2.101.

"Covered Federal action" means any of the following actions:

(1) Awarding any Federal contract.

(2) Making any Federal grant.

(3) Making any Federal loan.

(4) Entering into any cooperative agreement.

(5) Extending, continuing, renewing, amending, or modifying any Federal contract, grant, loan, or cooperative agreement.

"Indian tribe" and "tribal organization" have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b) and include Alaskan Natives.

"Influencing or attempting to influence" means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.

"Local government" means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.

"Officer or employee of an agency" includes the following individuals who are employed by an agency:

(1) An individual who is appointed to a position in the Government under Title 5, United States Code, including a position under a temporary appointment.

(2) A member of the uniformed services, as defined in subsection 101(3), Title 37, United States Code.

(3) A special Government employee, as defined in section 202, Title 18, United States Code.

(4) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, Title 5, United States Code, appendix 2.

"Person" means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit, or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph (b) of this clause and are permitted by other Federal law.

"Reasonable compensation" means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.

"Reasonable payment" means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.

"Recipient" includes the Contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph (b) of this clause and are permitted by other Federal law.

"Regularly employed" means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.

"State" means a State of the United States, the District of Columbia, or an outlying area of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers.

(b) Prohibition. 31 U.S.C. 1352 prohibits a recipient of a Federal contract, grant, loan, or cooperative agreement from using appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal actions. In accordance with 31 U.S.C. 1352, the Contractor shall not use appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the award of this contractor the extension, continuation, renewal, amendment, or modification of this contract.

(1) The term appropriated funds does not include profit or fee from a covered Federal action.

(2) To the extent the Contractor can demonstrate that the Contractor has sufficient monies, other than Federal appropriated funds, the Government will assume that these other monies were spent for any influencing activities that would be unallowable if paid for with Federal appropriated funds.

(c) Exceptions. The prohibition in paragraph (b) of this clause does not apply under the following conditions:

(1) Agency and legislative liaison by Contractor employees.

(i) Payment of reasonable compensation made to an officer or employee of the Contractor if the payment is for agency and legislative liaison activities not directly related to this contract. For purposes of this paragraph, providing any information specifically requested by an agency or Congress is permitted at any time.

(ii) Participating with an agency in discussions that are not related to a specific solicitation for any covered Federal action, but that concern—

(A) The qualities and characteristics (including individual demonstrations) of the person's products or services, conditions or terms of sale, and service capabilities; or

(B) The application or adaptation of the person's products or services for an agency's use.

(iii) Providing prior to formal solicitation of any covered Federal action any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action;

(iv) Participating in technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and

(v) Making capability presentations prior to formal solicitation of any covered Federal action by persons seeking awards from an agency pursuant to the provisions of the Small Business Act, as amended by Pub.L. 95-507, and subsequent amendments.

(2) Professional and technical services.

(i) A payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action, if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action.

(ii) Any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action. Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations.

(iii) As used in paragraph (c)(2) of this clause, "professional and technical services" are limited to advice and analysis directly applying any professional or technical discipline (for examples, see FAR 3.803(a)(2)(iii)).

(iv) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation and any other requirements in the actual award documents.

(3) Only those communications and services expressly authorized by paragraphs (c)(1) and (2) of this clause are permitted.

(d) Disclosure.

(1) If the Contractor did not submit OMB Standard Form LLL, Disclosure of Lobbying Activities, with its offer, but registrants under the Lobbying Disclosure Act of 1995 have subsequently made a lobbying contact on behalf of the Contractor with respect to this contract, the Contractor shall complete and submit OMB Standard Form LLL to provide the name of the lobbying registrants, including the individuals performing the services.

(2) If the Contractor did submit OMB Standard Form LLL disclosure pursuant to paragraph (d) of the provision at FAR 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions, and a change occurs that affects Block 10 of the OMB Standard Form LLL (name and address of lobbying registrant or individuals performing services), the Contractor shall, at the end of the calendar quarter in which the change occurs, submit to the Contracting Officer within 30 days an updated disclosure using OMB Standard Form LLL.

(e) Penalties.

(1) Any person who makes an expenditure prohibited under paragraph (b) of this clause or who fails to file or amend the disclosure to be filed or amended by paragraph (d) of this clause shall be subject to civil penalties as provided for by 31 U.S.C.1352. An imposition of a civil penalty does not prevent the Government from seeking any other remedy that may be applicable.

(2) Contractors may rely without liability on the representation made by their subcontractors in the certification and disclosure form.

(f) Cost allowability. Nothing in this clause makes allowable or reasonable any costs which would otherwise be unallowable or unreasonable. Conversely, costs made specifically unallowable by the requirements in this clause will not be made allowable under any other provision.

(g) Subcontracts.

(1) The Contractor shall obtain a declaration, including the certification and disclosure in paragraphs (c) and (d) of the provision at FAR 52.203–11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions, from each person requesting or receiving a subcontract under this contract that exceeds the threshold specified in FAR 3.808 on the date of subcontract award. The Contractor or subcontractor that awards the subcontract shall retain the declaration.

(2) A copy of each subcontractor disclosure form (but not certifications) shall be forwarded from tier to tier until received by the prime Contractor. The prime Contractor shall, at the end of the calendar quarter in which the disclosure form is submitted by the subcontractor, submit to the Contracting Officer within 30 days a copy of all disclosures. Each subcontractor certification shall be retained in the subcontract file of the awarding Contractor.

(3) The Contractor shall include the substance of this clause, including this paragraph (g), in any subcontract that exceeds the threshold specified in FAR 3.808 on the date of subcontract award.

(End of Clause) C.4 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (JUN 2020)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239) and Federal Acquisition Regulation (FAR) 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in FAR 3.908.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award.

(End of Clause)

C.5 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

(a) Definitions. As used in this clause— Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that—

(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into SAM;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

System for Award Management (SAM) means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See http://www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) If the solicitation for this contract contained the provision 52.204–7 with its Alternate I, and the Contractor was unable to register prior to award, the Contractor shall be registered in SAM within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first.

(c) The Contractor shall maintain registration in SAM during contract performance and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement. The Contractor is responsible for the currency, accuracy and completeness of the data within SAM, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in SAM after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in SAM to ensure it is current, accurate and complete. Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(d)(1)(i) If a Contractor has legally changed its business name or ‘‘doing business as’’ name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to—

(A) Change the name in SAM;

(B)Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (d)(1)(i) of this clause, or fails to perform the agreement at paragraph (d)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the ‘‘Suspension of Payment’’ paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in SAM. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the EFT clause of this contract.

(3) The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at www.sam.gov for establishment of the unique entity identifier throughout the life of the contract. The Contractor shall communicate any change to the unique entity identifier to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the unique entity identifier does not necessarily require a novation be accomplished.

(e) Contractors may obtain additional information on registration and annual confirmation requirements at www.sam.gov.

(End of Clause)

C.6 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)

(a) Definition. As used in this clause— Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

(b) Contractors shall ensure that the CAGE code is maintained throughout the life of the contract. For contractors registered in the System for Award Management (SAM), the DLA Commercial and Government Entity (CAGE) Branch shall only modify data received from SAM in the CAGE master file if the contractor initiates those changes via update of its SAM registration. Contractors undergoing a novation or change-of-name agreement shall notify the contracting officer in accordance with subpart 42.12. The contractor shall communicate any change to the CAGE code to the contracting officer within 30 days after the change, so that a modification can be issued to update the CAGE code on the contract.

(c) Contractors located in the United States or its outlying areas that are not registered in SAM shall submit written change requests to the DLA Commercial and Government Entity (CAGE) Branch. Requests for changes shall be provided at https://cage.dla.mil. Change requests to the CAGE master file are accepted from the entity identified by the code.

(d) Contractors located outside the United States and its outlying areas that are not registered in SAM shall contact the appropriate National Codification Bureau (points of contact available at http://www.nato.int/structur/AC/135/main/links/contacts.htm) or NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx to request CAGE changes.

(e) Additional guidance for maintaining CAGE codes is available at https://cage.dla.mil.

(End of Clause) C.7 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

C.8 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance.