47QFHA22R0001_T10_08_SF33_Solicitation_SSS_Final.pdf

SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

RATING PAGE OF PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

CODE7. ISSUED BY 8. ADDRESS OFFER TO (If other than item 7)

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

SOLICITATION

9. Sealed offers in original and copies for furnishings the supplies or services in the Schedule will be received at the place specified in item 8, or if hand carried, in the depository located in until local time

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

CALL:

A. NAME B. TELEPHONE (NO COLLECT CALLS)

AREA CODE NUMBER EXTENSION

C. E-MAIL ADDRESS

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. PAGE(S)DESCRIPTION

A B C D E F G H

I

J

K

L

M EVALUATION FACTORS FOR AWARD

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

LIST OF ATTACHMENTS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

CONTRACT CLAUSESSOLICITATION/CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/COSTS

DESCRIPTION/SPECS./WORK STATEMENT

PACKAGING AND MARKING

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

CONTRACT ADMINISTRATION DATA

SPECIAL CONTRACT REQUIREMENTS

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS(%)

DATEAMENDMENT NO.AMENDMENT NO. DATE

15A. NAME AND

ADDRESS

OF OFFER-

OR

CODE FACILITY 16. NAME AND THE TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXTENSION

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION:

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

24. ADMINISTERED BY (If other than Item 7)

26. NAME OF CONTRACTING OFFICER (Type or print)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

25. PAYMENT WILL BE MADE BY

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

CODE

ITEM

STANDARD FORM 33 (REV. 6/2014)

Prescribed by GSA - FAR (48 CFR) 53.214 (c)

SEALED BID (IFB)

NEGOTIATED (RFP)

(Hour) (Date)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

1 50

See Item 7

47QFHA

GSA FAS AAS Region 6 TEL: 8162237796 2300 Main Street, Kansas City, MO 64108

47QFHA22R0001

GSA Region 6 Assisted Acquisition Services 1200PM

Khamoy "Dee" Sysengchanh dee.sysengchanh@gsa.gov

1-3 4-9 13-14 15-17 18-20 46-50

39-45

29-30

21-28

02/17/2022

816 2237796

01/18/2022

Khamoy "Dee" Sysengchanh

31-38

Solicitation 47QFHA22R0001

Section A - Solicitation/Contract Form

1. TITLE: Defense Language Institute Foreign Language Center (DLIFLC) Standard Setting Studies

2. PERIOD OF PERFORMANCE (Base Year + Four Option Years): 04/25/2022 – 04/24/2027

3. LOCATION: Contractor coordinated location within 50 miles of Washington D.C.

4. NAICS CODE: 611710 SIZE STANDARD: $16.5M

5. PROCUREMENT SET-ASIDE: 100% Small Business Set-aside

6. This will be a Single Award Indefinite Delivery Indefinite Quantity (IDIQ) contract with specific work to be issued against Task Orders on GSA Form 300. It is the intent of the Government to award this IDIQ contract to a single offeror.

7. PROPOSALS ARE DUE BY: February 17, 2022, 12:00 PM Central (see SF33 Block 9). Technical questions are due by January 26, 2022, 12:00 PM Central (see Section L – Instructions to Offerors)

8. See Section L and M of this solicitation for proposal submission requirements and the basis for award.

9. The Minimum Guarantee for this contract is $2,500.00. The Government’s intent is to satisfy the minimum through a task order issued concurrently with or shortly after the award of the base contract. Refer to the PWS for a list of anticipated Base Year Standard Setting Study languages. The contract cumulative ceiling for the IDIQ will be the contract dollar amount associated with all Base Year and Option CLINs at the time of initial award. The IDIQ ceiling is based on estimated annual quantities of six (5 Day Studies), each with up to 16 contractor supplied panelists.

10. Contract Line Item Numbers (CLINs) 0003, 1003, 2003, 3003, and 4003, Travel: The purpose of the Travel CLIN is to reimburse the Contractor for authorized travel in accordance with associated Standard Settings Studies services provided. The Offerors are not to enter any pricing information for these CLINs as part of their proposal. A pricing estimate has been filled in by the Government. Offerors are asked to fill-in (if any) their fixed administrative fee for processing travel for each Period of Performance (POP).

11. This procurement is being awarded and administered by the General Services Administration(GSA), Region 6 Assisted Acquisition Services (AAS), Kansas City, MO, in support of the Defense Language Institute Foreign Language Center (DLIFLC), Monterey, CA. Prior to award, the selected offeror must be registered in GSA’s ASSIST Portal, https://portal.fas.gsa.gov/public/login. Contact the ASSIST registration desk at 877-472-4877 or email assist.servicedesk@gsa.gov to complete your registration.

12. Safeguarding Covered Defense Information and Cyber Incident Reporting (DFARS 204.7304): This DFARS subpart applies to contracts and subcontracts requiring contractors and subcontractors to safeguard Covered defense information that resides in or transits through covered contractor information systems by applying specified network security requirements. It also requires reporting of cyber incidents. “Covered defense information” means unclassified controlled technical information or other information (as described in the Controlled Unclassified Information (CUI) Registry at http://www.archives.gov/cui/registry/category-list.html) that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies. DFARS provision 252.204- 7019 “Notice of NIST SP 800-171 DoD Assessment Requirements”, and clause 252.204-7012 “Safeguarding Covered Defense Information and Cyber Incident Reporting” are included in this solicitation. Contractors are required to have a Basic NIST SP 800-171 DoD Assessment in the Supplier Performance Risk System (SPRS) to be eligible for award.

Register at the Procurement Integrated Enterprise Environment (PIEE) portal https://cac.piee.eb.mil/xhtml/unauth/home/login.xhtml?logout=Y to get access to SPRS https://www.sprs.csd.disa.mil/.

13. This solicitation is issued in accordance with FAR 15 and is a non-commercial purchase.

https://portal.fas.gsa.gov/public/login mailto:assist.servicedesk@gsa.gov http://www.archives.gov/cui/registry/category-list.html https://cac.piee.eb.mil/xhtml/unauth/home/login.xhtml?logout=Y https://www.sprs.csd.disa.mil/

14. Points of Contact for this solicitation are Khamoy "Dee" Sysengchanh, dee.sysengchanh@gsa.gov, 816-223-7796, and Leeona Gregory, leeona.bowie-gregory@gsa.gov, 817-850-5539.

(End of Section A - Solicitation/Contract Form) mailto:dee.sysengchanh@gsa.gov mailto:leeona.bowie-gregory@gsa.gov

Section B - Supplies or Services and Prices/Costs

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 6 Each $___________ $____________

Base Year: 5 Day Standard Setting Study

FFP

Facilitation of a five (5) day Standard Setting Studies in accordance with the Technical Requirements and the Performance Work Statement. The contractor shall conduct Standard Setting Studies in the languages as defined by the Performance Work Statement. The contractor shall deliver reports on the results of the Standard Setting Studies.

FOB: Destination

NET AMOUNT $______________

0002 96 Each $___________ $____________

Base Year: Contractor Supplied Panelists

FFP

The contractor shall provide qualified panelist experts in accordance with the PWS. The maximum number of panelists that is expected to be provided by the Contractor will not exceed sixteen (16) people for a single Standard Setting Study.

ESTIMATED

COST

0003 1 Lot $228,645.00 $228,645.00

Base Year: Travel

TRAVEL in accordance with the PWS. All travel costs must be approved prior to expenditure. The contractor will be reimbursed for allowable travel costs. OFFERORS - DO NOT RE-PRICE THIS CLIN. This is a "COST - Not To Exceed" CLIN including a fixed administrative fee of ________%. The fixed administrative fee is inclusive of all potential G&A and other handling fees.

$228,645.00

1001 6 Each $__________ $____________

Option Year One: 5 Day Standard Setting Study

FFP

Facilitation of a five (5) day Standard Setting Studies in accordance with the Technical Requirements and the Performance Work Statement. The contractor shall conduct Standard Setting Studies in the languages as defined by the

NET

AMOUNT

1002 96 Each $___________ $____________

Option Year One: Contractor Supplied Panelists

FFP

The contractor shall provide qualified panelist experts in accordance with the PWS. The maximum number of panelists that is expected to be provided by the Contractor will not exceed sixteen (16) people for a single Standard Setting Study.

1003 1 Lot $228,645.00 $228,645.00

Option Year One: Travel

TRAVEL in accordance with the PWS. All travel costs must be approved prior to expenditure. The contractor will be reimbursed for allowable travel costs. OFFERORS - DO NOT RE-PRICE THIS CLIN. This is a "COST - Not To Exceed" CLIN including a fixed administrative fee of ________%. The fixed administrative fee is inclusive of all potential G&A and other handling fees.

2001 6 Each $__________ $____________

Option Year Two: 5 Day Standard Setting Study

FFP

Facilitation of a five (5) day Standard Setting Studies in accordance with the Technical Requirements and the Performance Work Statement. The contractor shall conduct Standard Setting Studies in the languages as defined by the

2002 96 Each $___________ $____________

Option Year Two: Contractor Supplied Panelists

FFP

The contractor shall provide qualified panelist experts in accordance with the PWS. The maximum number of panelists that is expected to be provided by the Contractor will not exceed sixteen (16) people for a single Standard Setting Study.

2003 1 Lot $228,645.00 $228,645.00

Option Year Two: Travel

COST

TRAVEL in accordance with the PWS. All travel costs must be approved prior to expenditure. The contractor will be reimbursed for allowable travel costs. OFFERORS - DO NOT RE-PRICE THIS CLIN. This is a "COST - Not To Exceed" CLIN including a fixed administrative fee of ________%. The

ESTIMATED

3001 6 Each $__________ $____________

Option Year Three: 5 Day Standard Setting Study

FFP

Facilitation of a five (5) day Standard Setting Studies in accordance with the Technical Requirements and the Performance Work Statement. The contractor shall conduct Standard Setting Studies in the languages as defined by the

3002 96 Each $___________ $____________

Option Year Three: Contractor Supplied Panelists

FFP

The contractor shall provide qualified panelist experts in accordance with the PWS. The maximum number of panelists that is expected to be provided by the Contractor will not exceed sixteen (16) people for a single Standard Setting Study.

3003 1 Lot $228,645.00 $228,645.00

Option Year Three: Travel

COST

TRAVEL in accordance with the PWS. All travel costs must be approved prior to expenditure. The contractor will be reimbursed for allowable travel costs. OFFERORS - DO NOT RE-PRICE THIS CLIN. This is a "COST - Not To Exceed" CLIN including a fixed administrative fee of ________%. The

4001 6 Each $__________ $_____________

Option Year Four: 5 Day Standard Setting Study

FFP

Facilitation of a five (5) day Standard Setting Studies in accordance with the Technical Requirements and the Performance Work Statement. The contractor shall conduct Standard Setting Studies in the languages as defined by the

4002 96 Each $___________ $____________

Option Year Four: Contractor Supplied Panelists

FFP

The contractor shall provide qualified panelist experts in accordance with the PWS. The maximum number of panelists that is expected to be provided by the Contractor will not exceed sixteen (16) people for a single Standard Setting Study.

4003 1 Lot $228,645.00 $228,645.00

Option Year Four: Travel

COST

TRAVEL in accordance with the PWS. All travel costs must be approved prior to expenditure. The contractor will be reimbursed for allowable travel costs. OFFERORS - DO NOT RE-PRICE THIS CLIN. This is a "COST - Not To Exceed" CLIN including a fixed administrative fee of ________%. The

Summary of Contract Amounts

Base Year $

Option Year 1 $

Option Year 2 $

Option Year 3 $

Option Year 4 $

Total $

(End of Section B - Supplies or Services and Prices/Costs)

Section C - Description/Specifications/Work Statement

Refer to Section J - List of Attachments, Documents, and Exhibits

(End of Section C - Description/Specifications/Work Statement)

Section D - Packaging and Marking

Not applicable

(End of Section D - Packaging and Marking)

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

0003 Destination Government Destination Government

1001 Destination Government Destination Government

1002 Destination Government Destination Government

1003 Destination Government Destination Government

2001 Destination Government Destination Government

2002 Destination Government Destination Government

2003 Destination Government Destination Government

3001 Destination Government Destination Government

3002 Destination Government Destination Government

3003 Destination Government Destination Government

4001 Destination Government Destination Government

4002 Destination Government Destination Government

Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-4 Inspection Of Services-Fixed Price AUG 1996 252.246-7000 Material Inspection And Receiving Report MAR 2008

(End of Section E - Inspection and Acceptance)

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 25-APR-2022 TO

24-APR-2023

N/A W1EC USA ELM HQ DLI

W1EC USA ELM HQ DLI

289 FORT MERVINE PLACE BLDG

PRESIDIO OF MONTEREY CA

93944-5006 831-242-6162

W62KP4

0002 POP 25-APR-2022 TO

24-APR-2023

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 25-APR-2022 TO

24-APR-2023

1001 POP 25-APR-2023 TO

24-APR-2024

1002 POP 25-APR-2023 TO

24-APR-2024

1003 POP 25-APR-2023 TO

24-APR-2024

2001 POP 25-APR-2024 TO

24-APR-2025

2002 POP 25-APR-2024 TO

24-APR-2025

2003 POP 25-APR-2024 TO

24-APR-2025

3001 POP 25-APR-2025 TO

24-APR-2026

3002 POP 25-APR-2025 TO

24-APR-2026

3003 POP 25-APR-2025 TO

24-APR-2026

52.242-15 Stop-Work Order AUG 1989

52.242-17 Government Delay Of Work APR 1984

(End of Section F - Deliveries or Performance)

4001 POP 25-APR-2026 TO

24-APR-2027

4002 POP 25-APR-2026 TO

24-APR-2027

4003 POP 25-APR-2026 TO

24-APR-2027

Section G - Contract Administration Data

252.201-7000 Contracting Officer's Representative DEC 1991

252.204-7006 Billing Instructions OCT 2005

CLAUSES INCORPORATED BY FULL TEXT

LOCAL GSA CLAUSE - ELECTRONIC SUBMISSION THROUGH ASSIST PORTAL OF PAYMENT REQUESTS

AND RECEIVING REPORTS

1. Electronic Submission of Invoices

Contractors shall electronically submit invoices and supporting documentation through the GSA web-based procurement system ASSIST portal. The contractor shall submit invoices electronically by logging into the ASSIST portal https://portal.fas.gsa.gov, navigating to the appropriate order, and creating the invoice for that order. This is the only acceptable means for invoice submissions. Detailed invoice submission instructions can be found at the ASSIST portal.

No paper invoices shall be accepted. For additional assistance and for problem and or error resolution contact the ASSIST Helpdesk at 877-472-4877 or email assist.servicedesk@gsa.gov.

2. Invoice Content/Information

The invoice attached in ASSIST shall be submitted on official letterhead and shall include the following information at a minimum.

Invoice on Company Letterhead with Invoice Number Contract Number Order Number POC name, phone/email, and Address

TAX ID #

Period of Performance for Billing Period Prompt Payment Discount (if offered) Total Invoice Amount Charges, identified by deliverable or line item(s), with a narrative description of the service performed. Deliverables, reimbursable costs, and other charges (e.g., G&A) Travel Itemized by Individual and Trip (if applicable)

The invoice shall be structured per the awarded pricing schedule. The contractor shall invoice for work performed the prior month no later than 10 business days of the next month in accordance with the approved fixed price billing schedule.

3. Travel Invoicing

Travel shall be reviewed and approved by the COR in advance per the terms and conditions of the contract via ASSIST in the “Award Overview” menu using the “Collaborations” Tab. Travel invoices shall be submitted with all receipts for airfare, rental car, lodging, and all other receipts directly being charged for over $75.00 shall be submitted as support/back up documentation with the invoice submittal. NO PAYMENT WILL BE MADE WITHOUT DOCUMENTATION and

RECEIPTS.

https://portal.fas.gsa.gov/ mailto:assist.servicedesk@gsa.gov

4. Revised Invoices If the contractor submits a revised invoice, the revised invoice must include: 1) a unique invoice number (The unique number could just be adding a R or an A to the original invoice number), 2) a brief explanation, and 3) a cross-reference to any previous invoice submittals for tracking purposes and avoiding duplication.

5. Final Invoice/Order Closeout Procedures

Invoices for final payment must be identified and submitted when the contract has been completed and no further charges are to be billed. The contractor shall submit a final invoice within sixty (60) calendar days after the end of the Performance Period. All invoices shall be received within this period. The contracting officer shall not extend the period of performance, or the invoice submittal period to wait on subcontractors to bill the prime contractor. All rates are negotiated at the time of award, and the contractor shall control and account for all time by their own personnel and their subcontractor or CTA personnel to allow for timely billing in accordance with the terms expressed in this section. The Government reserves the right to require a release of claims at the end of the performance period, after all payments have been completed. **NOTE: No rates agreed to under the terms of this contract are subject to DCAA or other “final” audited rates.

6. Unilateral Closeout Modifications:

The Government reserves the right to issue unilateral closeout modifications to close out the contractual agreements, after the contractor has acknowledged the order is closed and that no further liability exists on behalf of the parties. The Government also reserves the right under the unilateral closeout modification to deobligate money after full payment has been made to the contractor for their services/materials under this contract.

(End of clause)

CONTRACT ADMINISTRATION

RESPONSIBILITY FOR ADMINISTRATION OF CONTRACT

a. The Contracting Officer is responsible for the administration of this contract. The Contracting Officer alone is authorized to the extent indicated in the contract to take action on behalf of the government which results in changes in the terms of the contract, including deviations from specifications, details and delivery schedules. Communications pertaining to contractual administrative matters will be addressed to the Contracting Officer. No changes in or deviation from the scope of work shall be effected without a written modification to the contract executed by the Contracting Officer.

b. No oral statement of any person in any manner or degree shall modify or otherwise affect the terms of this contract.

The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract, and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely with the Contracting Officer.

c. All matters pertaining to Government administration of this contract should be directed to:

ATTN: Khamoy "Dee" Sysengchanh Contracting Officer Region 6 Assisted Acquisition Services 2300 Main Street Kansas City, MO 64108 Phone: 816-223-7796 Email: dee.sysengchanh@gsa.gov

ATTN: Leeona Gregory Program Manager Region 6 Assisted Acquisition Services 2300 Main Street Kansas City, MO 64108 Phone: 817-850-5539

Email: leeona.bowie-gregory@gsa.gov

OTHER POINTS OF CONTACT

Contractor POC: TBD

Government Customer POC: TBD

(End of Section G - Contract Administration Data)

Section H - Special Contract Requirements

5152.204-4001 KEY PERSONNEL REQUIREMENTS (MAR 2009) (LOCAL POM CLAUSE)

(a) Certain experienced professional and/or technical personnel are essential for successful accomplishment of the work to be performed under this contract. These "Key Personnel" were identified by name within the contractor’s proposal and their resumes were submitted for evaluation during the source selection process. The contractor agrees that such personnel shall not be removed or replaced within the performance of this contract unless the following measures are taken:

(1) If one or more of the key personnel, for any reason, becomes or is expected to become unavailable for work under this contract for a continuous period exceeding 30 work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the contractor shall, subject to the concurrence of the Contracting Officer (CO) or designated Contracting Officer Representative (COR), promptly replace personnel with personnel who possess equal, or better, qualifications as the original employee.

(2) All requests for approval of substitutions hereunder must be in writing and provide a detailed explanation of the circumstances necessitating the proposed substitutions. The request must contain a resume for the proposed substitute, and any other information requested by the CO or designated COR. The CO or designated COR must concur in writing with the change.

(b) If the CO or designated COR determines that suitable and timely replacement of Key Personnel who have been reassigned, terminated or have otherwise become unavailable for the contract work is not reasonably forthcoming or that the resultant reduction of productive effort would be so substantial as to impair successful completion of the contract, the CO may terminate the contract for default or for the convenience of the Government, as appropriate, or make an equitable adjustment to the contract to compensate the Government for any resultant delay, loss or damage.

(c) The Key Personnel in this contract are as follows: [fill-in at time of award].

(End of Clause)

5152.223-4000, ENVIRONMENTAL MANAGEMENT SYSTEM (MAY 2010) (LOCAL POM CLAUSE)

Presidio of Monterey (POM) has implemented an Environmental Management System (EMS) to proactively manage the environmental impacts of its processes, activities, and services in accordance with Executive Order 13423. POM uses the ISO 14001:2004 as the standard for its EMS. All personnel performing work for or on behalf of POM must read and comply with POM’s Environmental Policy. POM offers EMS General Awareness Training on its public web site (http://www.fortmeade-ems.org/. All contractors and their employees including subcontract employees working on Presidio of Monterey are required to view EMS General Awareness Training and be aware of their roles and responsibilities with regard to the EMS and how these requirements affect the work performed under the contract.

Contractors are also responsible for ensuring all subcontractors hired on their behalf receive EMS General Awareness Training. The contractor is also responsible to ensure that all goods and services used by the contractor or any of its subcontractors do not deviate from the installation Environmental Policy, objectives and targets of the EMS.

In the event of non-compliance with POM’s legal or other requirements, or non-conformance with the installation EMS, the contractor is required to take immediate corrective action, perform a root-cause analysis of the non-compliance/non-conformance and develop a preventive action to keep the non-compliance/non-conformance from recurring at no cost to the Government. For more information regarding EMS requirements, contact DPW- Environmental Division at 831-242-7925.

The POM Environmental Management System shall include measurable environmental goals, objectives and targets that are reviewed and updated annually. The Contracting Officer Representative is responsible to advise the Contractor of these environmental goals, objectives and targets, and inspect for compliance. It is not the responsibility of the Contractor http://www.fortmeade-ems.org/ http://www.fortmeade-ems.org/ to develop environmental goals, objectives and/or targets. The Contractor shall be responsible for complying with POM’s environmental goals, objectives and targets effective the date of the contract award. The Contractor shall not be responsible for Environment goals implemented after contract award unless agreed to in a bi-lateral modification.

Contractor of these environmental goals, objectives and targets, and inspect for compliance. It is not the responsibility of the Contractor to develop environmental goals, objectives and/or targets.

The Contractor shall be responsible for complying with Presidio of Monterey's environmental goals, objectives and. The Contractor shall not be responsible for Environment goals implemented after contract award unless agreed to in a bi-lateral modification.

(End of Clause)

LOCAL INSTRUCTIONS

1. RESTRICTIVE USE OF CAMERAS, VIDEOS, AND DIGITAL CAMERA DEVICES

Installation security measures prohibit prospective bidders and contractors from taking pictures and/or videos on Post unless prior permission is sought and received from the Contracting Officer. Permission may be sought by contacting the Contracting Officer verbally or in writing. Use of cameras or other picture taking devices without proper approval may be considered a violation of Installation Security and prosecution of such violations may be subsequently induced.

2. SAFETY AND ACCIDENT PREVENTION

In performing work under this contract, the Contractor shall--

a. Conform to the specific safety requirements established by this contract;

b. Comply with the safety rules of the Government installation that concern related activities not directly addressed in this contract;

c. Take all reasonable steps and precautions to prevent accidents and preserve the life and health of Contractor and Government personnel performing or in any way coming in contact with the performance of this contract; and

d. Take such additional immediate precautions as the Contracting Officer may reasonably require for safety and accident prevention purposes.

The installation Safety Officer will be responsible for monitoring the Contractor in the area of safety and accident prevention.

3. CONDUCT OF EMPLOYEES

The contractor is fully responsible for the performance and conduct of his employees at all times while on post performing under this contract. The contractor shall not allow any employee to perform work under this contract while under the influence of alcohol, drugs, or any other incapacitating agent. Military police and other law enforcement personnel on post have the right to deny entry to post or remove from post any contractor employee for misconduct which endangers the health or safety of people or property or for reasons of security. In addition, the Post Commander may bar any individual from entering the post under the authority of 18 U.S.C. 1382. Removal from post of a contractor employee in accordance with the above shall not relieve the contractor from the requirements to meet all of the terms and conditions of the contract; nor shall such removal be grounds for the contractor to file a claim.

4. OPERATIONS AND COMMUNICATIONS SECURITY

Contractor personnel will comply with the following Operations and Communications Security procedures:

a. All draft deliverables under this Performance Work Statement (PWS) and working papers associated with them will be shredded prior to recycling or disposal. Drafts in electronic media will be deleted or erased prior to reusing the diskette or space on a Personal Computer (PC) hard drive or shared server space. Final versions of products under this PWS will be delivered to the government as specified elsewhere.

b. Contractor personnel may disclose to non-DoD personnel, other than contractor personnel executing this same PWS, only the general nature of their work under this PWS (i.e. “I work for providing automation support for Army training programs.”)

c. Contractor personnel may transmit sensitive information over unclassified information networks using encryption.

Contractor personnel should consult with the COR if they are uncertain whether particular information may be transmitted over Unclassified but Sensitive Internet Protocol Router Network (NIPRNET) using encryption.

d. Government furnished telecommunication and electronic communication systems and equipment, specifically including electronic mail systems, are for official use only in furtherance of the PWS.

e. Contractor personnel will limit internet access to the minimum time necessary to accomplish the official inquiry or research in furtherance of the PWS.

f. Contractor personnel will respect all electronic communication advisories, virus warnings, and use restrictions on government-furnished telecommunications and electronic communications systems and equipment and give access to government automation security and maintenance personnel upon request.

g. Contractor personnel shall review the provisions of Army Regulation (AR) 25-2, Information Assurance, prior to using government-furnished telecommunications and electronic communications systems and equipment. The contractor shall provide evidence of this review to the COR for each member of the contractor staff working on the

PWS.

h. DLIFLC currently has an Acceptable Use Policy (AUP) that will require ALL contractor employees to review and sign acknowledging understanding and compliance. Employees violating the AUP may be subject to immediate removal from the worksite.

i. Contractor personnel having access to classified information will have the appropriate security clearance and shall handle classified information consistent with Army information security standards as instructed by the COR.

5. RELEASE OF NEWS INFORMATION

No news release (including photographs and films, public announcements or denial or confirmation of the same) on any part of the subject matter of this contract shall be made without the prior written approval of the Contracting Officer.

(End of Section H - Special Contract Requirements)

Section I - Contract Clauses

FAR CLAUSE TITLE DATE

52.202-1 Definitions NOV 2013

52.203-3 Gratuities APR 1984

52.203-12 Limitation on Payments to Influence Certain Federal Transactions JUN 2020

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-13 System for Award Management Maintenance OCT 2016

52.204-21 Basic Safeguarding of Covered Contractor Information Systems JUN 2016

52.204-23

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

JUL 2018

52.204-25 Prohibition of Contracting for Certain Telecommunications and

Video Surveillance Services or Equipment

AUG 2020

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations NOV 2015

52.219-6 Notice of Total Small Business Set-Aside NOV 2020

52.219-8 Utilization of Small Business Concerns OCT 2018

52.219-14 Limitations on Subcontracting JAN 2017

52.222-50 Combating Trafficking in Persons OCT 2020

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving JUN 2020

52.224-1 Privacy Act Notification APR 1984

52.224-2 Privacy Act APR 1984

52.227-13 Patent Rights-Ownership by the Government. DEC 2007

52.227-14 Rights in Data-General MAY 2014

52.228-5 Insurance-Work on a Government Installation JAN 1997

52.232-18 Availability of Funds APR 1984

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013

52.233-3 Protest after Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.237-3 Continuity of Services JAN 1991

52.249-2 Termination for Convenience of the Government (Fixed- Price) APR 2012

52.249-8 Default (Fixed-Price Supply and Service) APR 1984

DFARS CLAUSE TITLE DATE

252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.203-7003 Agency Office of the Inspector General DEC 2012

252.204-7000 Disclosure of Information OCT 2016

252.204-7003 Control of Government Personnel Work Product APR 1992

252.204-7004 Level I Antiterrorism Awareness Training for Contractors FEB 2019

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support MAY 2016

252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2020

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services JAN 2021

252.205-7000 Provision of Information to Cooperative Agreement Holders DEC 1991

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

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

OCT 2015

252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements DEC 2010

252.222-7999 Combating Race and Sex Stereotyping

(DEVIATION 2021-O0001) NOV 2020

252.223-7004 Drug Free Workforce SEP 1988

252.225-7012 Preference For Certain Domestic Commodities DEC 2017

252.225-7048 Export-Controlled Items JUN 2013

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns SEP 2004

252.227-7013 Rights in Technical Data—Noncommercial Items FEB 2014

252.227-7014 Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation FEB 2014

252.227-7016 Rights in Bid or Proposal Information JAN 2011

252.227-7020 Rights in Special Works JUN 1995

252.227-7025 Limitations on the Use or Disclosure of Government- Furnished Information Marked with Restrictive Legends MAY 2013

252.227-7030 Technical Data--Withholding Of Payment MAR 2000

252.227-7037 Validation of Restrictive Markings on Technical Data SEP 2016

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel JUN 2013

252.243-7001 Pricing of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment DEC 2012

52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 25 April 2022 through 24 April 2027.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than one (1) Standard Setting Study, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor:

(1) Any order for a single item in excess of three (3) Standard Setting Studies;

(2) Any order for a combination of items in excess of six (6) Standard Setting Studies; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause.

The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after six

(6) months.

(End of clause)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option, or any portion of the six months thereof, by written notice to the Contractor within 30 days before the contract expires.

As part of price evaluation, the Government will evaluate its option to extend services (see FAR clause 52.217-8) by adding six (6) months of the offeror's final option period price to the offeror's total price. Offerors are required only to price the base and option periods. Offerors shall not submit a price for the potential six-month extension of services period. The Government may choose to exercise the Extension of Services at the end of any performance period (base or option periods), utilizing the rates of that performance period.

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days before the contract expires; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months.

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (SEP 2021)

(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 the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(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 not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to https://www.acquisition.gov/far/52.217-8#FAR_52_217_8 https://www.acquisition.gov/far/19.000#FAR_19_000 https://www.acquisition.gov/far/19.000#FAR_19_000 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, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.

(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

(e) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.

(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

(1) The Contractor represents that it □ is, □ is not a small business concern under NAICS Code 611710 – Educational Support Services assigned to Contract/Task Order number __________________.

(2) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it □ is, □ is not, a small-disadvantaged business concern as defined in 13 CFR 124.1002.

(3) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ] The Contractor represents that it □ is, □ is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the Contractor represented itself as a women-owned small business concern in paragraph (h)(3) of this clause.] The Contractor represents that—

(i) It □ is, □ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility;

and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(4)(i) of this clause is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The Contractor shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture:_____.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern.[Complete only if the Contractor represented itself as a women-owned small business concern eligible under the WOSB Program in (h)(4) of this clause. ] The Contractor represents that—

(i) It □ is, □ is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with…